Bill Kanasky, Jr., Ph.D. talks about several issues he sees with opening statements. Bill highlights the biggest issue the CSI team comes across in opening statements: starting the opening statement in the wrong spot. Bill emphasizes the importance of the first two minutes of the opening and how those first two minutes frame how you want the jury to see your case (i.e., the cognitive lens.) The first thing that the defense attorney has to do in their opening is put someone or something else on trial, state emphatically what the case is about, and not talk about what the case is not about, which only reinforces the plaintiff's perspective. The goal with the opening statement is to reframe what the plaintiff presents in their opening.

The next issue Bill discusses is how lengthy opening statements that include the attorney thanking the jury for their service, talking about themselves or their client, or sharing a story from their childhood are a waste of those critical first two minutes in front of the jurors. What attorneys have to realize is that jurors don't remember facts and details; they remember how you made them feel.

Lastly, Bill talks about the importance of testing opening statements with mock jurors. Getting direct feedback from jurors and practicing the delivery and story is a critical, but often skipped, step in the trial preparation process and attorneys who do not test their opening statements with mock jurors in a focus group risk their entire case.