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ABA Section of Litigation Annual Conference, April 21 – 23, 2010: Opening Statements That Command Attention Opening Statements That Command Attention Mike McKool, Jr. McKool Smith, P.C. Dallas, TX THE IMPACT OF OPENING Opening statements win cases. There are two reasons why: the opening comes at the beginning, and it allows you to speak directly to the jury. By the time the plaintiff calls his first witness, one party may already enjoy an overwhelming advantage because his lawyer told the jury...

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