Introduction (0:00:00). Spencer keeps his job. Justin extols a new approach to scrimmaging.
The Break (0:08:33). Results from four competitions -- and a wagering correction.
America's Next Top Trial Lawyer (0:15:39). Sacramento County DA Thien Ho announces a new competition, with cash prizes.
Main Interview: Emily Stover (0:29:48). The longtime coach -- and national champion alum -- from UC Law SF talks about teaching English in prisons, beertending, and the school's mock trial program. She also faces ChatGPT to see who can better identify words that rhyme with Stover.
Tournament Spotlight: Denver's Summit Cup (0:53:31). Dave Schott and Kevin Keyes discuss what makes this tournament different, including the video exhibit featuring Dave's attempt at a Pittsburgh accent.
Mailbag (1:06:47). Should tournaments measure success first by trials won or ballots won? Follow up: is this the nerdiest question in show history?
Introduction (0:00:00). With Spencer abandoning his co-host, Justin interviews potential replacements.
Suggested Plagiarism with Brett Schreiber (0:32:48). The lawyer who won a $243,000,000 verdict against Tesla reveals some secrets, including his approach to cases with third party liability issues.
Tournament Spotlight: Battle of the Experts (1:08:57). Drexel's Phil Pasquarello talks about fatherhood, going full-time at the law school, and whether he knows how to write cases that aren't about sports.
Mailbag (1:17:10). Spencer hears footsteps...
Introduction (0:00:00). Where is Spencer taking Justin for their 10th anniversary season?
The Break (0:02:33). Results from the National Flash Trial Competition.
Main Interview: Stephanie Sullivan (0:07:27). South Texas's director of trial advocacy talks about her famous father, her published poetry, and her addiction to replying-all. She also opens up about the role faith has played in her life, and how she has dealt with losing two children.
Tournament Spotlight: First Chair (0:47:24). USD's Frankie DiGiacco and Hofstra's Jared Rosenblatt discuss their recent trial victories, Jerry Maguire, and a stalker case where the victim is way too into Jared.
Preparing a Few Lines for Next Week (1:05:41). Since Spencer will be traveling next week, he pre-records some news announcements from First Chair.
Mailbag (1:08:57). What do you say to a student who says, "I want a different competition"?
Introduction (0:00:00). Spencer prepares for his ten-year anniversary. Justin gets publicly insulted.
The Break (0:07:45). Your first competition results from the new season.
Main Interview: John Henry (0:08:57). Loyola's new trial advocacy director talks about his favorite war stories from 80 jury trials, how trial competitions have changed in the last 25 years, whether he was Mirandized by his own mother, how many boilermakers caused him to spin on his head in Syracuse, and why he blames his wife for the Mets losing.
Tournament Spotlight: Flash Trials (0:51:40). Berkeley's Jenna Forster and Chris Brown discuss how they made artificial intelligence part of this year's competition -- and how Spencer fared in a scrimmage.
Mailbag (1:21:18). A.J. Bellido de Luna asks for an apology.
Catching Up (0:00:00). Travel, verdicts, paying off wagers, two words that unreasonably bother Spencer, alumni events, Spanish accents, and one host trying to cause an IP lawsuit for the other.
Summer Recap (0:15:13). What were the five funniest moments in our community this summer?
Top Gun: Chatting with the Champions (0:22:23). Ohio State's Sarah Paul joins with her second chair Clay Owens and her coach Kendall Beard. It's pretty heartwarming.
New Season Storylines (0:46:23). Artificial Intelligence, the New Normal, and the Next Champions.
Tournament Spotlight: National Trial League (0:54:05). Syracuse's Todd Berger on war stories, how many cats is too many cats, JALAE (yes, JALAE!), and whether he wants to ruin everyone's summer.
Mailbag (1:22:49). How do you respond when someone sends you an email written entirely by ChatGPT?
Introduction. (0:00:00). We're back (for a bit!) to interrupt your summer
Mailbag. (0:1:21:21). Thanks to Robert L., other personally identifying information unavailable, for the excellent "question."
Applying the Rules. (0:02:31). In our first episode recorded in a real, live, professional studio, Gabe Rivin is back to apply what he taught us in the last episode. To make sure we're all on the same page, we ask him to show us how we would tell the story of Wooden v. Saban as if he were doing it in podcast form, using the rules of dramatic storytelling. Also, Sam shows off with some next-level sound design.
Transparent Flattery. (0:51:47). Justin is back. He brings not only questions for Gabe, but also a stunning revelation about how he feels about (at least one) USC Trojan, all in an effort to curry favor with our guest. Surprise, it works!
Introduction (0:00:00). Where are we? What are we doing here? We answer existential questions, and podcast.
Story Fundamentals. (0:05:28). We're joined by Gabe Rivin, former showrunner for the Wondery's American Scandal and writer for publications including The Atlantic and The Paris Review. Spencer talks with Gabe about the raw materials that make a good story, they offend basically every fan of Star Wars, and we gain a new appreciation for Erin Brockovich.
Debrief! (1:11:16). Justin somehow edges his way back on the show (who gave him his security card back?!), and brings questions.
Introduction (0:00:00). Spencer cuts down a tree, and Justin gets sentimental (for three reasons).
The Break (0:11:38). The EATS awards! And one errata.
All Star is Back! (0:12:44). St. Mary's A.J. Bellido de Luna is back and briefer than ever. He announces the return of the All Star Bracket Challenge, reveals his poker secrets, and explains how his face ended up on t-shirts.
Top Gun Preview (0:24:03). Baylor's Robert Little expresses how much a Scripty would mean to him, answers "anonymous" Top Gun questions, and shares the 16 schools invited to Top Gun XVI.
Trial Competition Performance Rankings (0:44:01). Adam Shlahet talks about his excellent beard, names Crayola colors, explains why Jared Rosenblatt is like his "little brother," and announces the TCPR 2024-25 winners.
The Scripties! (0:59:43). Come for the traditional awards -- Best Trophy, Best Swag, Best Banquet, Team of the Year, Coach of the Year -- and stay for the even bigger awards: Best Use of Email, Worst Results Predictor, Best Virtual Trial Link, and the inaugural Listener of the Year.
Mailbag Question (1:12:13). Who would win a fight between 100 humans and 1 silverback gorilla? And -- more importantly -- what is the mock trial equivalent of this question?
Introduction (00:00). Apply for competitions and vote in the Scripties!
The Break (06:11). Serious results from Amicus, ridiculous results from Amicus, and a new podcast achievement.
Gavel Rankings (12:40). With the semester coming to a close, Gavel founder and head mathematician Jared Rosenblatt shares his calculations and major storylines from the 2024-25 season. He also lodges allegations of snoring and cheating.
Shanin Specter: Defending the Rule of Law (25:04). The famed trial lawyer talks about how his firm and other plaintiffs' firms are standing up for the rule of law. (Students who want to sign the amicus brief can click here.)
Mailbag (50:26). How do you conduct tryouts?
Introduction (00:00). Spencer and Justin are recovering.
"Ask Your Law Mom" (02:30). Buffalo Law's Jen Scharf and Lisa Bauer have their own podcast! They do serious work -- offering advice about legal careers -- but we do our best to make this discussion entirely unserious: yoga, Wordle, student slang, headphone squabbles, and an "Ask Your Law Mom" trivia game that Spencer hosts ... and Justin crashes.
Vexatious Litigants (31:29). Northwestern's Josh Jones and Baylor's Dan Tilly debate whether judges should receive "bench briefs." They start friendly, but eventually find their vexatious sides.
Mailbag (54:38). A certain Disney Adult listener has questions about Spencer's recent trip to Florida.
Introduction (0:00:00). Spencer goes to Disney World ... and he tries to change the world.
US News Rankings -- for real this time! (0:09:48). What schools made a big jump?
The Break (0:13:28). Results from both Big National Competitions, case balance numbers, and Students of the Week.
Predictions Recap (0:18:07). Who's paying for Waffle House? Can judges fit in suitcases? And who's the first lawyer in Lone Star to actually win a mid-trial motion?
Chat with the Champs, Part 1 (0:30:57). We interview the St. John's advocates and coaches, fresh off their NTC championship. How did they handle the short prep? What were their themes? Why does their mock trial office look like a frat? And where's head coach Brian Hughes?
Chat with the Champs, Part 2 (0:56:11). We interview the South Texas coaches and half of their advocates, fresh off their AAJ STAC championship. When did they start to believe they could win? What did their two very different advocates learn from each other? And what was their haircut strategy?
Mailbag (1:19:37). How would you compare NTC Finals and STAC Finals?
Introduction (0:00:00). Discussion of the embargoed 2025-26 US News Rankings.
The Break (0:02:34). Results from Ethics, South Texas, Chapman, and two military competitions.
Nationals Predictions Contest (0:03:57). South Carolina's Brett Bayne and Cumberland's Judge Roberts -- and an unexpected guest -- predict results from AAJ Nationals and TYLA Nationals. You'll hear about mascots, Waffle House, worm taming, camel spitting, and many, many Southern idioms.
Suggested Plagiarism: Bill Barton (0:37:21). After 500 trials -- and induction into the Trial Lawyers Hall of Fame -- Bill Barton offers advice on cross examination: don't "sublimate the jury's anger."
Mailbag Question (01:07:31). Are there too many mock trial tournaments? And should mock trial cases be more like the ones young lawyers would actually get to try?
Introduction (0:00:00). Justin apologizes, and atones, for a Cardinal sin.
The Break (0:02:15). Results from Queens DA and Cap City. Plus, a new job opening!
Vexatious Litigants (0:03:35). Colleague fight! Stetson's Liz Boals and Kate Donoghue debate if competitions are better with "live witnesses" or "team witnesses." Kate insults her boss. Liz threatens her job.
Suggested Plagiarism (0:34:07). Dr. Emily Shaw -- a professional jury consultant and successful mock trial coach -- identifies trial lawyers' most common mistakes, reveals the most surprising aspects of her jury research, addresses how much a lawyer's charisma actually matters, discusses how political affiliations affect jury selection, and explains how coaching mock trial has helped her jury consulting (and vice versa).
Mailbag (1:07:16). What tournament innovations would you like to see next?
Introduction (0:00:00). Justin gets practical: when do you start planning for next year? Spencer gets philosophical: how do you find the right balance between teaching and other professional obligations?
The Break (0:10:41). Results from Trials and Tribulations, and BLSA Nationals!
Vexatious Litigants (0:11:26 ). In between vicious insults, Fordham's Adam Shlahet and Hofstra's Jared Rosenblatt debate whether schools should let students compete twice in the same semester.
Suggested Plagiarism (0:36:17). Spencer interviews famed trial lawyer Shanin Specter, who teaches a class called How to Ask a Question. We learn some valuable lessons, including: "No one thinks you're as nice as you think you are." "Don't lead the barista." "Don't take &%$% from anyone, including the judge." And Justin's favorite: "Spencer, you're gonna have to take my class now."
Mailbag (1:04:22). Three letters this week! Should judge orientations include instruction on proper trial techniques? Can advocates circumvent the "I wasn't asked that rule" with an objection? And do STAC and NTC have more protests than invitationals?
Introduction (0:00:00). Who's at fault for Microphone-Gate?
"How I Teach" (0:04:07). Justin is organizing a new EATS presentation -- and he wants your advice. Who would you like to see teach? And on what topics? (Click here to nominate people.)
The Break (0:08:16). Which 20 teams are headed to AAJ Nationals?
AAJ Report Card (0:10:08). Was the judge shortage solved? What was the case balance in Hunter v. Huffheins and Snoats? Are there any rules that need to be changed? And how does AAJ stac(k) up against TYLA?
AAJ Predictions Recap (0:27:03). Katie Powers complains about spreadsheet access, Sara Williams explains the importance of being "vibey," and both ladies continue the art of humblebragging. Who's getting the spa treatment, Katie or Sara?
Suggested Plagiarism: Chris Arledge (0:40:46). Coming off his most recent eight-figure verdict, Chris explains how he cross-examines differently than most: with "destinations," "persuasive speech," "multiplying facts," and "thesis statements."
Mailbag (1:19:21). A question about NALAE's new All-American Awards.
Introduction (0:00:00). What do we expect for the first in-person STAC regionals this decade?
The Break (0:07:02). Results from BLSA regionals. Winners of the Online National Championship. An insult from Jared Rosenblatt. Exciting news from the Pahlke Family. And a mea culpa from Justin.
NTC Witness Program (0:11:34). Texas Southern's Tim Adams and Brandon Draper bring back one of the most generous projects in the community. Also: Brandon feels vindication, and Tim makes a campaign speech.
NALAE Interview (0:22:52). President Shlahet and President-Elect Schott talk about NALAE's new partnership with AAJ, the new All-American awards, and their "love letters."
The Heart of AAJ (0:47:51). Jenn Rafter and Kathryn Schwacha talk about the switch back to in-person competition. We ask Kathryn to give Spencer advice for becoming a personal concierge, and we ask Jenn if she can say "Shlahet Shwacha" five times fast.
AAJ Predictions (1:01:02). Cumberland's Sara Williams and Mercer's Katie Powers return to predict the winners of all 10 regions. Sara promises to pay her gambling debt, Katie tries to humblebrag, and we find out who knows more about transportation.
Mailbag Question (1:28:30). A.J is still complaining. Plus, a question about non-vegan alcohol.
Introduction (00:00). What makes this episode different from all other episodes? An evening recording, some adult beverages, and a plea to judge AAJ.
The Break (06:18). Results from Shark Beach. Winners of the last 5 NTC Regions. And the final case data for Wooden v. Saban.
NTC Predictions Results (14:32). We check in with Jess -- and Marlon Brando -- before crowning a winner. Will Robert be buying lunch? Or will Phil be buying drinks? Will Phil be "massacring Spencer's Boy"? Or will Robert be naming Phil's boy?
Suggested Plagiarism: Jesse Wilson (33:02). The famed jury consultant talks about transporting jurors with your use of physical space, not "giving your eyes away too cheaply," and teaching a "Whole Passel of Pahlkes."
Mailbag (50:27). Two questions this week! "Why won't Spencer answer my phone calls?" "What is your #1 piece of advice to a coach who wants to see better results?"
Introduction (0:00:00). Spencer skis.
The Break (03:14). This week's winner: aesthetic improvements.
Suggested Plagiarism: Joel Souza (05:59). The director and screenwriter shares his approaches to storytelling, pacing, character development, and more.
Predictions Contest (25:12). After we decided to leave in an outtake, Robert and Phil offer bold sports takes, excellent insults, and a few mock trial predictions. Most importantly, Robert roasts Phil via song.
Mailbag (54:21). Three questions this week! One question seeks gossip. One question involves a supermodel. One question asks for the best competition name.
Feedspot's 40 Best Legal Podcasts For Law Students:
https://podcast.feedspot.com/law_school_podcasts
Introduction (0:00:00). Justin's mom gets yelled at by another team's coach during a Zoom trial, and Justin doesn't appreciate it.
The Break (0:05:55). Results from 8 NTC regions, and updated case balance data from Wooden v. Saban -- including detailed data about which parts of trial are won by each party.
Suggested Plagiarism: Patricia Glaser (0:17:01). She has represented Conan O’Brien, Miley Cyrus, Paula Deen, and Ryan Seacrest. Here, Patty tells some courtroom war stories, bemoans how "allegations have become evidence" in America, how trial strategy changes when a celebrity is on trial, explains why she represented Harvey Weinstein, and shares her approach to trial techniques -- jury selection, themes, objections, and when to turn up the heat on cross.
Vexatious Litigants: Liz Lippy v. Jules Epstein (0:51:14). The two Temple colleagues debate whether case problems should involve sensitive or controversial topics. Since they are reluctant to insult each other, we give them some help...
Mailbag (1:28:50). How do you teach students to deal with judges who get things wrong?
Introduction (00:00). An email masquerading as "congratulations."
The Break (04:03). The winners of the first two NTC regions, results from Chester Bedell, and case balance data from Wooden v. Saban.
Interview: David Ball and Artemis Malekpour (10:16). Two of the most famous jury consultants in America talk about Reptile Theory, the classic book David Ball on Damages, and the #1 advice they would give trial lawyers.
NTC Predictions (17:43). Jess Pasquarello shares her thoughts on Robert naming their first child, and then Robert and Phil make their picks for the eight regions competing this week.
Mailbag (52:34). Who hacked Joe Lester's website?
We ring in the new semester with:
We’re back with the Third Edition of the National Flash Trial Competition and its accompanying episode on the pod. This year Berkeley Law’s annual tournament expanded to ten teams, meaning we got to introduce two more schools to our tradition of learning through flash trials.
Join our erstwhile UC Berkeley undergraduate hosts Lucy Cavalluzzi and Melinda Lu as they embed with teams from Houston and South Carolina to tell the story of this year’s National Flash Trial Competition.
In Part Two of our Season Finale:
The Champagne Mystery (0:00:00). Who's behind the anonymous alcohol?!
The 2025 NTC Case (0:03:02). For the first time in the National Trial Competition's 50-year history, the NTC case was written by law school coaches. A day before the case release, the authors -- Matt Woodham, Nick Cotter, Justin Bernstein -- talk about what's different this year.
Vexatious Litigants (0:21:53). Texas's Mike Golden and Nova's Joe Lester debate when coaches should receive results. Come for the debate, stay for the physics theory and personal insults.
The Scripties (0:46:33). We announce the Fall 2024 award winners in eight categories, including Best Case, Best Banquet, Best Team, and Favorite Competition. Plus, a few "bonus" categories like Worst Use of Email, Strangest Case Decision, Most Creative Leadership, and more...
Mailbag (1:01:41). Why have competition registration fees gotten so expensive? Are they worth it?
Part One of our Season Finale:
Introduction (0:00:00). Happy Tofurkey Day.
The Break (0:04:45). Results from the Daniel competition, and the most one-sided rivalry in sports.
Erwin Chemerinsky (0:05:50). Berkeley Law's Dean talks about the state of US News two years after the big controversy, why many prestigious law schools ignore trial advocacy, and when his CV will include appearances on this podcast.
US News (0:25:09). Spencer and Justin discuss this year's US News voting and identify one school that deserves to be ranked higher.
Doris Cheng (0:30:50). Justin interviews Walkup partner Doris Cheng about the strategy behind her $15M verdict and the hardest part about teaching trial advocacy.
Gavel Rankings (0:43:37). Hofstra's Jared Rosenblatt responds to the "Evil Jared" nickname, announces the "10 hardest competitions," and unveils the top-ranked schools from Fall 2024.
Mailbag (0:55:18). Why is witness prep called "woodshedding"?
Introduction (0:00:00). He's just a humble Nebraskan ... who flies to New York for foot massages.
The Break (0:06:43). Results from five events. Advocate of the Week. Puerto Rico giving away "Finalist" trophies like Oprah gives away cars. And puppies!!
Remembering Arturo Alvarez (0:12:27). The community lost an outstanding and inspiring advocate, Nova Southeastern's Arturo Alvarez.
Counselor Counseller (0:14:11). Baylor's new dean Jeremy Counseller talks about his vision for the law school, what it means that Baylor hired a trial advocacy professor as dean, his sweet accommodations in Scotland, and when Robert Little can expect a raise.
Suggested Plagiarism: Kathleen Nastri (0:32:32). She's the former president of AAJ. She has a $58M verdict. And she has some suggestions about focusing on more on your own case and less on your opponents' case.
The Pace Guys (0:50:54). Jared Hatcliffe and AJ Muller talk about making students do pushups, "Grandpa Lou" Fasulo, AJ's belly dancing, and the names that Pace students use to distinguish Jared Hatcliffe from Jared Rosenblatt.
Mailbag (1:18:23). When is a school's repeated misconduct enough that they should be banned from competitions?