May the Record Reflect
If you’re a litigator or trial lawyer, your life is full—in and out of the courtroom. May the Record Reflect is the podcast of the National Institute for Trial Advocacy, and we know that if something related to lawyering is interesting to us, chances are it’s interesting to you, too. Trial skills, office life, personal development, and more—it’s all fair game on May the Record Reflect.
Episodes
65 episodes
65. Emergency Advocacy, with Judge Mark Drummond
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...
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Episode 65
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40:57
64. Breaking the Ice: Voir Dire Tips and Tactics, with Judge Cynthia McCollum
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 ba...
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Episode 64
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57:09
63. Effective Oral Communication, with Mark Caldwell
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...
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Episode 63
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47:19
62. Cross-Examination Math: Less is More, More is Less, with Tom Innes
In Episode 62, Philadelphia trial lawyer and NITA Program Director Tom Innes introduces listeners to cross-examination math and how the idea of “less is more” increases the impact of the questions counsel poses to a witness. Control is the name...
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Episode 62
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28:25
61. "Don't Be Boring": Creating Your Commanding Courtroom Presence, with Steve Wood and Laurie Gilbertson
In 2021, former prosecutor Steve Wood told May the Record Reflect that to grow as a trial advocate, he had to accept that he is “insufferably boring.” What did he mean by that? And, how can it help you grow as an advocate as well? In t...
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Episode 61
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1:27:35
60. Demystifying Depositions, with Jason Young
In this rebroadcast of our 2022 interview, we gather all sorts of admissions—about depositions—from NITA NextGen alumni Jason Young. After taking and defending thousands of depositions throughout his career, he’s no-nonsense and has figured out...
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Episode 60
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47:24
59. At Your Service: Developing as an Advocate through Pro Bono Work, with Angela Vigil and Henry Su
The wish to leave the world a better place has long inspired people to attend law school and make a difference in the important ways only trial lawyers can. According to NITA Trustee Angela Vigil and Program Director Henry Su, pro bono publ...
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Episode 59
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1:05:50
58. It’s Greek to Me Ancient Rhetoric for Trial Lawyers, with Marian Grace Braccia
When people hear the term “rhetoric,” they often think of words full of sound and fury signifying nothing. Yet that is a woeful misunderstanding of the beauty and power of persuasive language and argument. In this episode rife with back-to-scho...
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Episode 58
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1:12:16
57. 10 Things You Should Know about Trial Psychology
Some of the most important heads to get into are those of the jurors seated for your trial. Fortunately, figuring out what makes people tick is both interesting and fun, and Temple University Director of Advocacy Programs Jules Epstein is here ...
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Episode 57
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1:07:56
56. She Blinded Me with Science, with Judge Ruth McMullin
If you’ve ever been baffled by scientific, technological, or financial evidence in your case or wondered how an expert witness arrived at their conclusions, former Gwinnett County Magistrate Judge Ruth McMullin is back on the podcast to share s...
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Episode 56
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46:27
55. Tell It to the Judge, with Judge Randall Warner and Judge Christopher Whitten
Maricopa County Superior Court Judges Randall Warner and Christopher Whitten team up to talk about telling stories to judges. In this episode, the judges, from their unique vantage point on the bench, reveal what they want to hear or read fro...
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Episode 55
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48:24
54. Are You in Control Getting Real about Witnesses, with Judge Amy Hanley and Adrienne Johnson
You've probably heard that in direct examination, controlling your witness is all about witness prep, while in cross, leading questions are the key. Those oft-repeated tenets are true, say podcast guests Judge Amy Hanley and NITA faculty member...
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Episode 54
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1:12:20
53. Preparing Your Witness for the Effective Deposition, with Carl Chamberlin and Whitney Untiedt
In our second interview on The Effective Deposition, Program Director and author Carl Chamberlin returns to the podcast to talk about witness preparation. Joining him is NITA Trustee and Program Director Whitney Untiedt, and together t...
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Episode 53
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1:15:16
52. Let's "Speak the Truth" about Voir Dire, with Adam Kendall
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 th...
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Episode 52
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50:41
51. Depositions: Asked and Answered, with Veronica Finkelstein
Taking a deposition presents enough challenge as it is without the interference of obstreperous or obstructive counsel, yet it happens anyway and you must be prepared to deal with it. Following her appearance on a NITA panel webcast on depositi...
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Episode 51
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1:00:28
50. Persuasion is an Inside Job, with Dominic Gianna
Cognitive bias is a barrier that lawyers must overcome in court—and it’s not just biases of the jurors they must consider, but those, too, of the judge, opposing counsel, expert witnesses, and even one’s own self. New Orleans trial legend Domin...
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Episode 50
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1:02:46
49. Justice at Trial, with James Brosnahan
Many a young idealist register for law school with visions of Atticus Finch dancing in their heads, but only the rarest few have those dreams come true. NITA Trustee Emeritus and national treasure James Brosnahan is among them. In Episode 49, t...
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Episode 49
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1:21:30
48. That's Appealing, with Judge Randall Warner
Every trial advocate enters the courtroom hoping for a “one and done” decision that favors their client. But appeals do happen, and if you’re waiting until the verdict is read before you start thinking about what comes next, you’re already brin...
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Episode 48
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51:02
47. Beginning the Effective Deposition, with Carl Chamberlin
At a time when more cases settle than go to trial, the deposition has become of utmost significance. Our guest Carl Chamberlin draws upon his experience taking and defending depositions in private practice as well as teaching deposition skills ...
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Episode 47
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1:26:49
46. The Secrets of Opening Statements, with Brooke Latta
Content Warning: A brief, non-graphic mention of a sex crime case occurring from 29:34 to 30:49.Everyone likes to start off on the right foot, and your opening statement is a crucial place to do it. It’s also Assistant U.S. Atto...
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Episode 46
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35:22
45. Courtroom Demeanor, with Shareema Abel
Without a doubt, knowing your client’s case up one side and down the other and understanding and applying the law are critical to your chances of prevailing at trial. But if your demeanor and presentation style lack polish, you might be getting...
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Episode 45
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50:21
44. Unscripted Redirect, with Justin Bernstein and Spencer Pahlke
NITA Education Director Rhani Lott Choi returns to May the Record Reflect, this time as guest host, to interview trial competition coaches Justin Bernstein and Spencer Pahlke. You may know Justin and Spencer from Unscripted Direct<...
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Episode 44
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47:42
43. Can I Get a Witness?, with Hon. Chris Whitten
You may see depositions as your golden opportunity to preserve testimony, elicit admissions, and test theories—but for your witness, depositions are a veritable stewpot of jangled nerves and apprehension. In this episode, Maricopa County Superi...
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Episode 43
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49:03
42. Direct Neglect Where Is the Love, with Hon. Amy Hanley and Dennericka Brooks
How many of us cue up the “sad trombone” every time we think of doing direct examination? Direct is renowned for being a boring slog through facts and faces as we make on our way to the fireworks of cross and closing. Yet, if you’re not using d...
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Episode 42
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53:42
41. Slipstreams and Wormholes, with Rhani Lott Choi
The profession of trial lawyering has a steep, intense learning curve requiring years of practice (and “practice”) before you begin to feel like you’ve got a grip on it. What if you could shave years off that timeline. NITA’s Education Director...
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Episode 41
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47:10