Opening Statements: The Prohibition Against Argument

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the frequently stated rule that an opening statement is intended to be only a summary of the facts, not an argument. He examines types of statements that may be used in an opening that appear to blur the line between facts and argument, showing how the distinction between the two can be difficult to discern, especially for new lawyers. Mr. Small then explains how to structure an opening statement that goes beyond a mere summary or recitation of the anticipated evidence while still remaining on the right side of the rule.