Virtually every performance coach agrees that memorized text should sound as though the speaker is thinking of the words in real time, delivering them as if freshly-minted. This is how we naturally speak, aiming for spontaneity over a monotone or pre-planned delivery that drains words of their meaning—similar to the rehearsed tone of a flight attendant’s pre-takeoff speech.

Why is this relevant for trial lawyers? Reading from a page isn’t an option for them. Trial lawyers must memorize their opening statements and closing arguments much like actors memorize lines, enabling them to focus entirely on the jury. A notepad—or worse, an electronic device—can distract both the attorney and the jury, drawing the attorney’s gaze away and breaking crucial eye contact. This eye contact is essential for building rapport with the jury at the most critical stages of the trial.

These objects create a “barrier” or “wedge” between you and the jury. You risk missing one of the few opportunities to “break the fourth wall” and address the jury directly.

What follows is an exploration of techniques to uncover the hidden “treasures” in your speech. These tools, which I’ve learned from various instructors and continue to use during the “rehearsal stage” of a new play or trial preparation, are designed to enhance your delivery of opening statements and closing arguments. A series of practical exercises is also included.