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Continued... Page 9 > The Visualized Opening Statement

that more effort has not been made in visualizing the key points in a case and using this information during opening statement. The phrase, ìshow me, don't tell meî applies with particular urgency to opening statement where the jurors are the most attentive and likely to create a perspective through which they will view the entire case. If you plan effective visual evidence in your case and lay an appropriate foundation for it at a pretrial admissibility hearing, your chances of fully protecting your client's rights and winning the case are greatly enhanced.

William S. Bailey practices with the Fury Bailey law firm in Seattle , Washington

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1 THOMAS A. MAUET, FUNDAMENTALS OF TRIAL TECHNIQUES, 41 (3d Ed., 1992)

2 HARRY KALVEN and HANS ZEISEL, THE AMERICAN JURY (1966)

3 ALAN J. MORRILL, TRIAL DIPLOMACY, 22 (2d Ed., 1974)

4 JAMES W. McELHANEY, EFFECTIVE LITIGATION (1974)

5 THOMAS A. MAUET, FUNDAMENTALS OF TRIAL TECHNIQUES, 41 (3d Ed., 1992)

6 MARSHALL McLUHAN and QUENTIN FIORE, THE MEDIUM IS THE MASSAGE, 117 (1967)

7 ALAN J. MORRILL, TRIAL DIPLOMACY, 26 (2d Ed., 1974)

8 Washburn v. Beatt Equipment Co. , 120 Wn.2d 246, __ P.2d __ (1992). Taken from Pretrial Hearing remarks of defendant's attorney on August 7, 1990 at pp. 14-16 of trial transcript.

9 8 TRIAL DIPLOMACY JOURNAL 7 (1985)

10 ALAN J. MORRILL, TRIAL DIPLOMACY 26 (2d Ed., 1974). Thomas Mauet is even more expansive and states, ìIf the exhibit is not in evidence, tell the judge you wish to use it during your opening statement and that you will establish a proper foundation for the exhibit during the trial. Today, almost all judges will allow the use of such exhibits under these circumstances.î THOMAS J. MAUET, FUNDAMENTALS OF TRIAL TECHNIQUES, 47 (3d Ed., 1992)

11 46 Wn. App. 822, 733 P.2d 231 (1987)