Opening Statements In Complex Business Litigation

You are handling a piece of complex commercial litigation for a client. The stakes are high, and the case involves lots of documents and witnesses. The case has wound its way to trial, and the jury has been selected. It is time for opening statements, and the jurors now turn their attention to you. They all have the same question in mind: "What is this case about?"

Opening statements are a pivotal event in any trial of a commercial dispute. Depending on the jurisdiction or the judge, you may (or may not) have had the opportunity to address jurors in voir dire, but opening statements are your first opportunity to answer that unspoken question: What is this case really about? If you answer effectively, it will set your client up for success. If, however, you mishandle your opening statement—if you overreach or make promises about the evidence that you cannot back up—it is a sure-fire way to lose a case.