
Sign up to save your podcasts
Or


Bill Kanasky, Jr., Ph.D. breaks down two critical mistakes attorneys make in opening statements: dilution of their message and their communication frequency. Frequency refers to the attorney’s delivery dynamics - energy level, confidence, rhythm, and emotional tone - that either engages jurors or turns them off. Common problems with communication frequency include defensiveness, nervousness, over-talking, and coming across as if trying to sell something to the jury rather than telling them a compelling story. Dilution occurs when attorneys talk too long, over-explain, or defend unnecessarily, which weakens the message and causes jurors to tune out. Bill explains why less is more and that potency comes from repetition, silence, and reframing the narrative right from the start. He urges attorneys to avoid “dead zones” in the middle of openings, stay high-level (“in the clouds, not the weeds”), and let witnesses handle details later. Finally, Bill highlights the value and importance of testing openings with focus groups to gather feedback from mock jurors to help guide and fine-tune delivery, frequency, and clarity before trial.
By litpsych4.5
2626 ratings
Bill Kanasky, Jr., Ph.D. breaks down two critical mistakes attorneys make in opening statements: dilution of their message and their communication frequency. Frequency refers to the attorney’s delivery dynamics - energy level, confidence, rhythm, and emotional tone - that either engages jurors or turns them off. Common problems with communication frequency include defensiveness, nervousness, over-talking, and coming across as if trying to sell something to the jury rather than telling them a compelling story. Dilution occurs when attorneys talk too long, over-explain, or defend unnecessarily, which weakens the message and causes jurors to tune out. Bill explains why less is more and that potency comes from repetition, silence, and reframing the narrative right from the start. He urges attorneys to avoid “dead zones” in the middle of openings, stay high-level (“in the clouds, not the weeds”), and let witnesses handle details later. Finally, Bill highlights the value and importance of testing openings with focus groups to gather feedback from mock jurors to help guide and fine-tune delivery, frequency, and clarity before trial.

21,992 Listeners

32,082 Listeners

227,886 Listeners

30,686 Listeners

377 Listeners

461 Listeners

508 Listeners

87,199 Listeners

112,376 Listeners

56,444 Listeners

186 Listeners

5,755 Listeners

16,144 Listeners

48 Listeners

583 Listeners