Unscripted Advocacy: How to Free Your Opening & Closing from the Page and Escape the Tyranny of the Text

Virtually every performance coach would agree that memorized text should be spoken in a way that makes the listener feel that the thoughts are coming to the speaker in the moment and that he is speaking them for the first time. After all, this is how we speak in real life. Thus, we aim for spontaneity as opposed to a pre-planned delivery that wrings the meaning out of the words and that makes them sound as if they are being recited verbatim from a grocery list.

Why is this important for trial lawyers? Reading off of the page is not an option for trial lawyers. Instead, trial lawyers must memorize their opening statements and closing arguments in the same way that actors memorize their lines so that the jury becomes the entire focus of their attention.

The danger posed by a notepad or worse yet, an electronic device is that they create a “barrier” or “wedge” between you and the jury during the most critical stage of trial – when you get to address the jury directly. They are distracting not only to the jury but also to the attorney insomuch as they continuously beckon for the attorney’s eyes. The attorney who so obliges will begin to look down instead of into the eyes of the jury, thus breaking eye contact and losing the human connection that is so vital for building rapport with the jury.

What follows is an expansive investigation into discovering the hidden “treasures” that lie within your speech. This is what I have learned from many different instructors that I have worked with over the years and that I continue to rely upon today when I am in the “rehearsal stage” of a new play or when I am preparing for a trial. These concrete tools are designed specifically to enhance the delivery of your opening statement and closing argument so that they "pop." I’ve also included a number of exercises.

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