conversations you have with your client about whether it's going to go on the stand, pitfalls you need to be careful about and also in terms of your entire theory. typically you will have two or three opening statements written depending on what the judge is ultimately going to allow in after the sandoval hearing and if they're going to allow in certain evidence you need to be prepared to address that. the defense is really going to set the path in terms of how the defense and trauma forward. >> they have presented example of things like the e. jean carroll example. i think things having to do with civil fraud, what is the standard for by the judge decides what is the line? >> it's a balancing test. every defendant has a right to testify on his own behalf. but if he chooses to do that the jury has a right to know what that is.