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.
