McLain Offers Advice on Preparing a Winning Opening Statement in The Daily Journal Byline

Partner Byron McLain published “Top 10 Tips for Preparing and Presenting Your Opening Statement at Trial” in the Daily Journal.

According to McLain, as lawyers deliver their opening statements, they should always feel that every trial is winnable. And winning begins with preparation and presentation of opening statements.

McLain’s tips for preparing a winning opening statement include:

• Outline your statement
• Recite your opening statement multiple times alone
• Show confidence in what you are saying
• Recite your opening statement to someone who is NOT a lawyer
• Avoid reading your opening statement
• Provide visuals in your opening statements
• Outline for the jury where you are going
• Trust the jury with your bad facts
• Explain why a decision for your client is right
• Ask for what you want

Before joining Foley, McLain served as the Health Care Fraud Coordinator in the Major Frauds Section of the U.S. Attorney’s Office in Los Angeles. He is a member of Foley’s Government Enforcement Defense & Investigations Practice and works closely with the firm’s Health Care, Cannabis and Sports & Entertainment Industry Teams.