Well said, Mullins.
The Opening Statement is not supposed to be argumentative; it is supposed to be a 'roadmap' of the proof you will present at trial.
That said, every lawyer tries to argue as much as possible in the opening.
'Argumentative' (a valid objection) can be overcome by your use of language:
Refer to the fact that 'evidence will prove that', or 'testimony from X and Y will show that' ... It's not argumentative if it's descriptive of the evidence you will produce.
The most effective openings are those which tell a story, rather than just a recitation of dry facts
If you are producing proof, at trial, of a 'pattern of misbehavior', you may be able to describe the history of misbehavior by the defendant.
Try your case to a jury, not the bench (Judge).
Practice your argument in front of some friends and neighbors who will give you honest feedback.
Videotape yourself - everyone has quirky mannerisms which they are unaware of (um, um, ... er, er ... & repeating answers) until they see themselves arguing or giving a speech.
Try to paint a story for the jury; look for a 'hook' - a central theme for the story (all contractors are dishonest is too broad - be specific - Mr X is dishonest and hurts innocent people...) Try to make it interesting for the jury.
You shouldn't refer to anything in opening which you don't/can't prove during your case-in-chief (happens often, sometimes opposing counsel will list, in their closing statement, all the things you failed to prove which you promised in the opening).
Good luck to you.
Plan your case out; outline what you want to prove (issue by issue) & what evidence or witnesses or specific statement you will need to prove that issue/element (bricks, building a wall - one on top of the other).
Constantly make notes (now) for what you want to say in your closing argument. Many lawyers will work on their close, then work on their opening statement (Go over your proof well; cover all the proof in the opening).
There may be a litigator in your area, who (probably for an hourly amt) will listen to your case (opening, description of proof, close) and possibly give some tips & advice. Call your local Bar Association for a referral to a low-cost plaintiff's contruction defect attorney (I assume it's contruction defect).
Check your local courthouse for any cases against your opponent in the past. If there are some, review the file (you may want to call the attorney who opposed that contractor; sometimes attys will share info regarding opponents).
Do a trial notebook (spiral binder; use separate sections for opening, items to be proved - witnesses to call & what evidence they will authenticate and their necessary testimony, page for each witness, exhibits to be introduced and entered into evidence, closing, opponents expected cross & case, etc.).
