January 12, 2017
The Prohibition Against Argument in Openings
Massachusetts Lawyers Weekly
The frequently stated rule is that an opening statement is intended to be only a summary of the facts, and that argument in openings is not permitted. The distinction between "facts" and "argument" is difficult for many lawyers, especially new ones. This is probably because (1) there is no clear boundary between "facts" and "argument." and (2) the prohibition against argument is rarely enforced strictly.