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Saturday, November 3, 2018

OPENING STATEMENTS IMPROV

With all the talk about feminism, why not a small lawyer anecdote from the distant past.

I once tried a case, in front of a woman judge, and against a woman lawyer, and where at least half of the 12 person jury was probably women.

Well, in this kind of case, the rule (as far as I know) is that the state opens, and then the defense opens. Either party could waive opening, but no one ever does this.

The Court asked whether counsel were ready to proceed, plaintiff and then defendant, and we each replied yes your honor, in turn, from our separate large counsel tables, set only a few feet apart in the middle of that end of the courtroom with our backs to the audience gallery. The judge then said you may proceed.

Then something unusual happened. I rose to give my opening statement, as I had done many times before, and moved to walk between the counsel tables toward the podium. I wasn't looking to my right but rather ahead at the court and the jury. 

As I reached the aisle between the tables I actually bumped hips with opposing counsel who was moving into the same aisle at the same moment.

This will be continued, but just reflect for a moment on how that must have felt, on what thoughts as well as emotions raced through the minds of all in attendance.

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