These ideas suggest that jurors best remember what they hear first and what they hear last. It is vitally important, then, for lawyers on both sides to start their opening arguments with a bang.

I have taught a course on trial advocacy for the past two decades at Harvard Law School. Part of my curriculum is to teach budding lawyers how to deliver effective opening statements.

If the idea is to win over the jury by the end of the lawyer’s opening statement, how, in practice, is that done?

Trial lawyers steeped in the research know that juries respond to a well-considered theory of the case, punctuated by a pithy theme.

A theory of the case is a brief, three- to five-sentence statement akin to what is known as an “elevator pitch.” The theme is a short, pithy summary of the theory of the case that is easy for a juror to remember. Often the theme is the first sentence out of the lawyer’s mouth, followed by a fuller description of the theory.

Indeed, in my class at Harvard, the very first skill I teach is how to develop theories and themes. In order to effectively convey a theory in a case, many lawyers start their opening statements with “This is a case about…” and then fill in the specific details.

So it went on the first day of Trump’s trial.

“This case is about a criminal conspiracy and fraud,” Colangelo, the prosecutor, told the jury. “The defendant, Donald Trump, orchestrated a criminal scheme to corrupt the 2016 presidential election.”

In stark contrast, Trump’s defense lawyers said: “There’s nothing wrong with trying to influence an election. It’s called democracy.”

Though prosecutors have tried to put a “sinister” spin on this, Blanche said jurors will learn it’s not a crime.

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