May the Record Reflect
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 high‑stakes hearings, or looking to sharpen your advocacy skills, May the Record Reflect delivers insights you can put to work right away.
May the Record Reflect
52. Let's "Speak the Truth" about Voir Dire, with Adam Kendall
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Content warning: Mentions of sexual assault. Brief, non-graphic discussions of questioning the venire about sexual assault occur at 32:20–32:59 and 42:25–44:34.
Experienced trial lawyers are accustomed to being the ones asking the questions, but in this episode, NITA NextGen faculty member Adam Kendall finds himself in the hot seat for once. He’s answering our questions about voir dire: building rapport with the venire through icebreakers and humor, eliciting useful information from potential jurors while introducing bad facts about your case, and what you can glean from jury questionnaires. Adam also talks about the developing trend of limiting or eliminating peremptory strikes.
Topics
3:39 Primary goal of voir dire
4:06 What to pay attention to
5:09 “The quiet one”
9:03 Icebreakers to build rapport
11:18 Voir dire by the judge
14:22 Strong personalities among jurors
16;25 Ideal foreperson qualities
17:50 Eliciting strong opinions and reactions
19:19 Introducing bad facts
21:12 Using humor
24:12 Signaling legal issues
26:27 Nationwide changes in peremptory strikes
32:05 Jury questionnaires
35:53 Online research of the venire
41:50 War stories
46:50 Signoff questions
Quote
“People who are too eager to be on a jury scare me.” Adam Kendall
Resources
Adam Kendall (LinkedIn)
Building Trial Skills: New Orleans (course)
Not Just for Trial! How to Use Exhibits from Day One (Register for Adam's live webcast on March 26, 2024)