Trial college went from 7:30am-7pm today, with nary a break in between. Boy am I tired. And I still have homework.
We focused on opening statements today. I do not like doing openings. I don’t care much for closings either, but openings are my absolute least favorite part of a trial. I’m very much an action/reaction, question/answer, challenge/solution kind of person, and openings are so one sided. It’s a speech, but it’s a speech that you have to make a totally disinterested panel of jurors interested in. It’s super super hard.
Since work has been very busy, I did not do the reading ahead of time and did not prepare my opening ahead of time. I thought “oh heck, it’s a CLE. Who prepares for a CLE?” It’s no defense, but I wasn’t the only one. Out of my class of 8, it was noticeable that only two people prepared ahead of time. And you know what the result of this was? Six less than stellar opening statements.
I was embarrassed. I was embarrassed because I was cocky. I was sitting in the chair thinking “oh heck, I’ll wing it. It’ll be great. I know how to do trials.” But you know what, that’s not true. I’ll do great if I prepare. And I didn’t prepare, so my opening was bad. I’m glad for the lesson. I needed to be cut down to size. Overconfidence does not win trials. Being prepared wins trials.
The instructor (a distinguished Virginia Circuit Court Judge) remarked that my opening sounded more like an appellate brief than an opening statement. He was completely right. Big words and complex sentence structures doesn’t win over juries. I need to remember my audience.
I’ve learned helpful lessons today. Though I fell flat on my face in my opening, I am proud that I did not get defensive and try to justify my performance. I listed to the instructor’s comments and realized Yes. He’s right. I did it wrong. He’s telling me I did it wrong because he is trying to help me.
I did it wrong today, but I’ll do it right tomorrow. And even if I do it right tomorrow, I still need to listen closely, because there is so much more to learn.