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PODCAST

May the Record Reflect

National Institute for Trial Advocacy

May the Record Reflect is a skills-focused podcast for trial lawyers who want to get better at what really happens in the courtroom. Hosted by the National Institute for Trial Advocacy, each episode features experienced judges, advocates, and legal educators sharing practical guidance on trial advocacy, depositions, witness examination, oral communication, jury selection, and courtroom presence—along with ethics, professionalism, and lawyer well‑being. Whether you’re preparing for trial, handling

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All Episodes

80:20

82. Direct Impact, with Steve Wood

May the Record Reflect ·

2026/09/21

It’s often said that a case is won — or lost — during direct examination. Former prosecutor Steve Wood explores why direct really comes down to effective storytelling, ways to organize your direct examination, and how to ask questions that not only elicit good answers but also help the trier of fact follow the narrative. He also touches on how to cut through the inevitable fog of boredom by introducing purposeful change into the courtroom environment. Topics 2:44 Goals of direct examin...

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72:05

81. Twelve Elements of Assertive Delivery, with Hon....

May the Record Reflect ·

2026/08/19

Whether you’re conducting a new client intake, deposing a witness, running a meeting on Zoom, or defending a client in the trial of their life, you must be an effective communicator. In this episode, Maricopa County Superior Court Judge Chris Whitten is joined by legal communications expert Dr. Karen Lisko to break down twelve communication attributes—six verbal and six nonverbal—that you can polish. All it takes is self-awareness and a little practice, and Dr. Lisko and Judge Witten tell you...

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64:13

80. The Core Four: Opening, Direct, Cross, and...

May the Record Reflect ·

2026/07/21

Opening statement, direct and cross-examination, and closing argument are the most basic elements of advocacy that a trial lawyer must know. To announce that May the Record Reflect can now be heard on YouTube, we revisited the “Core Four” from our archives. NITA faculty members share their best insights and tips on these four critical competencies. Topics 4:00 Creating your opening statement 6:23 Workshopping the opening 8:38 Struggling with the right story 10:12 Eng...

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34:53

79. Ten Essential Tips for the Successful Trial...

May the Record Reflect ·

2026/06/16

Washington State Supreme Court Justice Sal Mungia shares essential tips for effective trial advocacy, emphasizing credibility, storytelling, and clear communication with jurors. He highlights the importance of authenticity, professionalism, and preparation—from mastering the rules of evidence to building rapport without relying on notes. Blending practical guidance with personal insight, Justice Mungia encourages trial lawyers to practice with integrity, show grace, and ultimately find purpos...

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49:20

78. Refreshing Recollection and Impeachment, with...

May the Record Reflect ·

2026/05/19

In this episode, veteran trial lawyer John Farrell distinguishes between refreshing recollection and impeachment, two essential but sometimes conflated courtroom skills. Learn how to help your own witness recall facts on direct examination through refreshing recollection and how to effectively challenge an opposing witness on cross with a structured, high-impact impeachment technique. Packed with practical language and strategy (and a few demos along the way), this conversation offers clear g...

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51:03

77. Stay Thirsty, My Friends: The Argument for...

May the Record Reflect ·

2026/04/21

Wilmington Law Associate Professor of Law Veronica Finkelstein and law student Dr. Marisa Rauscher discuss what it takes to become an exceptional litigator, from growing your essential hard and soft skills to unconventional ways of developing them, and transforming your personal values into a professional brand. They also explore why maintaining a beginner’s mind — curiosity that never quits — is critical at every stage of a rewarding legal career and recommend their favorite law-related soci...

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38:28

76. Storytelling for Defense Lawyers, with David Mann

May the Record Reflect ·

2026/03/24

Finding the right storytelling angle can be challenge for any trial lawyer, but for those advocating on the right-hand side of the v, it’s often even more so. In representing clients jurors may not automatically find sympathetic, defense counsel must express empathy for harms the plaintiff has suffered without admitting to their liability and present technical data that is critical to their client’s defense but wearisome for fact finders to follow. Good narrative technique can help, and in ...

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30:27

75. Prep for Success: Controlling Your Witness...

May the Record Reflect ·

2026/02/18

According to Philadelphia trial lawyers Tom Innes and Mary DeFusco, preparing your witness for testimony is a bit like training a guide dog: the real work happens long before the leash comes off. In this episode, Tom and Mary talk about how to create control in ever-important prep sessions prior to testimony—and they share hands-on, practical tips that will help your witness give their testimony while staying cool and collected, on track, and under control. Topics 4:04 Why prepar...

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45:16

74. Handling Experts at Trial: Can't Live With Them,...

May the Record Reflect ·

2026/01/20

From forensics to financials and the medical to the technical, trial lawyers rely on expert witnesses to help fact finders understand complicated concepts and issues in their case. But dealing with experts is an expert technique in itself, so in this episode NITA Program Director Gene Tanaka breaks down the battle-tested process that has brought him success. First, he lays out the standards for expert testimony and traps to avoid, then shares steps for direct examinations, issues in cross, an...

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86:17

73. Depositions Done Right, with Carl Chamberlin

May the Record Reflect ·

2025/12/16

With most cases settling before trial, depositions have become the real battleground—and few people know that better than Carl Chamberlin. Carl has spent decades taking and defending depositions in private practice and teaching the craft for over 30 years. In a reprise of one of May the Record Reflect's most popular episodes, he’s here to share how to kick things off the right way—from setting the stage with introductory matters to navigating preliminary and substantive questions. Topic...

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66:57

72. The Vocal Edge: An Opera Singers Secrets for...

May the Record Reflect ·

2025/11/18

Opera and the courtroom might seem worlds apart—but they share a similar stagecraft. In this episode, Anne Fuchs, professional opera singer and Director of Communications for the Indiana Court of Appeals, reveals how posture and breath can transform your voice into a powerful advocacy tool. From mastering vocal control to learning a little Italian, this conversation will help you speak with confidence and command attention when it matters most. Topics 02:30 Why vocal quality matters 04:...

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71:40

71. Mind the Gap: Generations in Trial Practice, with...

May the Record Reflect ·

2025/10/21

For the first time in history, attorneys from as many as five generations can be found practicing law together. From veteran trial lawyers in their 70s and up to Gen Z associates just starting out, the generational diversity in today’s legal workforce is unprecedented. In this episode, Professor Marian Braccia of Temple University Beasley School of Law discusses how generational identity influences legal practice, challenges stereotypes about Gen Z lawyers, and offers insights into fostering ...

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55:48

70. Getting Down to Business: Deposing the 30(b)(6)...

May the Record Reflect ·

2025/09/16

Rule 30(b)(6) depositions can be a game-changer in litigation—but only if you know how to use them strategically. In this episode, former Assistant U.S. Attorney and current Wilmington Law professor Veronica Finkelstein shares expert guidance on understanding the purpose and power of a 30(b)(6) deposition, identifying the right corporate representative, drafting precise specifications, and preparing your designee for examination. Whether you're deposing a Fortune 500 company or a little mom-a...

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69:58

69. Keep Calm and Depose On, with Whitney Untiedt

May the Record Reflect ·

2025/08/19

Depositions can be a minefield—and not just because of the facts. In this episode of May the Record Reflect, trial attorney Whitney Untiedt returns to share her expert strategies for navigating the disruptive behaviors of difficult counsel and witnesses. From talkers and interrupters to charmers and egomaniacs, Whitney breaks down the types of jerks you’ll encounter and how to stay focused, professional, and in control. Whether you’re taking or defending a deposition, this episode offers prac...

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43:36

68. I Feel for You: The Lawyer’s Occupational Hazard...

May the Record Reflect ·

2025/07/15

Long hours, heavy caseloads, high stakes—such is the modern trial practice. But when lawyers represent survivors of violent or traumatic incidents, they often experience next-level stress caused by empathetic engagement. In this episode, UNT Dallas College of Law professor and JAMS neutral mediator, arbitrator, and special master Angela Downes introduces listeners to vicarious trauma and its effects on body and mind, how vicarious trauma differs from burnout, and how to recognize compassion f...

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40:42

67. Eight Steps for Handling Deposition Exhibits,...

May the Record Reflect ·

2025/06/17

Depositions are a key building block in legal disputes, especially for cases that proceed to trial. According to veteran trial lawyer John Farrell, properly handling an exhibit so it’s admissible at trial is an overlooked skill that can, and should, be practiced until it becomes second nature. In this episode, John reveals eight crucial steps for handling documents that ensure your deposition flows smoothly and exhibits are admitted for trial. He breaks down the process step by step, gives th...

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38:30

May the Record Reflect ·

2025/05/20

Content Warning: This episode discusses, in non-graphic terms, representing intimate partner violence survivors. Being a trial lawyer is one of the toughest, most demanding professions out there, and when you’re representing family members in distress it’s even more so. Hofstra Law professor Barbara Barron discusses advocacy challenges faced by lawyers working with survivors of intimate partner violence, or IPV. Although some details are particular to IPV survivor representation, trial ...

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40:57

65. Emergency Advocacy, with Judge Mark Drummond

May the Record Reflect ·

2025/04/15

For trial lawyers, “advocacy in a hurry” — injunctions, bail hearings, requests for orders of protection, emergency custody petitions, or immigration orders — calls for making the most of the limited time you have before the court, even if it's just 15 minutes. Former Illinois Eighth Circuit Court Judge Mark Drummond shares seven valuable tips on compressing your case to fit the time available, how to help the judge quickly understand what’s at issue in the proceeding, and what ethics concern...

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57:09

64. Breaking the Ice: Voir Dire Tips and Tactics,...

May the Record Reflect ·

2025/03/18

As a sitting district court judge and 29-year public defender, NITA Program Director Judge Cynthia McCollum knows a thing or two about jury selection, and in this episode, she opens up about how to get your jurors to open up. She serves up a baker’s dozen of her best tips for getting jurors to talk during voir dire, mistakes she learned from as a public defender, what to know about Batson challenges, and anecdotes about her career trajectory before and on the bench. Topics 3:50 First ...

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47:19

63. Effective Oral Communication, with Mark Caldwell

May the Record Reflect ·

2025/02/19

NITA Program Director and former Resource Director Mark Caldwell joins the podcast to chat about how to effectively communicate with the various audiences in the courtroom to ensure they get — and comprehend — the information they need from you. He shares how to talk to jurors about unfamiliar courtroom procedures and substantive information, why sounding like a tv lawyer is a huge turn-off to jurors, and recommends some of his favorite lawyers from pop culture whose techniques can help trial...

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