The Third DCA Clarifies The Bounds of Opening Statements and Final Arguments
August 4, 2010, the Third District Court of Appeal issued its decision in Chin v. Caiaffa, Case No. 3D08-176, --- So. 3d ----, 2010 WL 3023297 (Fla. 3d DCA Aug. 4, 2010). Chin reiterates the appropriate bounds of advocacy that apply during opening statements and final arguments. In no uncertain terms, the district court warned counsel that it is legally and ethically impermissible to:
-
Try one's case through an opening statement;
-
Allude to "facts" during an opening statement that counsel cannot later prove through admissible evidence;
-
Reference a party's wealth or poverty when this fact is not relevant to any material issue;
-
Appeal directly to the jury's sympathy;
-
Offer "Golden Rule" arguments that entice jurors to place themselves in the plaintiff's position;
-
Stray from the evidence during final argument;
-
Attack a party and counsel by telling the jurors that the other side has attempted to fool them through a frivolous claim or defense;
-
Attack a party and its counsel during final argument by insinuating that the claim or defense presented was a sham or a lie.
As a result of plaintiff's counsel's failure to adhere to these rules in Chin, the Third District reversed a nearly $1.4 million plaintiff's verdict and remanded for a new trial.
©2023 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.