Explore every episode of the podcast May the Record Reflect
| Title | Pub. Date | Duration | |
|---|---|---|---|
| 72. The Vocal Edge: An Opera Singers Secrets for Trial Lawyers, with Anne Fuchs | 18 Nov 2025 | 01:06:57 | |
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 | |||
| 71. Mind the Gap: Generations in Trial Practice, with Professor Marian Braccia | 21 Oct 2025 | 01:11:40 | |
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 understanding and mentorship across age groups. Topics | |||
| 62. Cross-Examination Math: Less is More, More is Less, with Tom Innes | 14 Jan 2025 | 00:28:25 | |
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 of the game in cross, so Tom also shares how to shepherd witnesses through cross, why to restrict interrogatories in the phrasing of questions, and why less is even more when examining an expert.
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| 61. "Don't Be Boring": Creating Your Commanding Courtroom Presence, with Steve Wood and Laurie Gilbertson | 20 Dec 2024 | 01:27:35 | |
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 this self-deprecating but entirely serious conversation, Steve and fellow former prosecutor Laurie Gilbertson talk about the neuroscience of boredom, multisensory engagement in the courtroom, telling a compelling story, and how it all adds up to self-confidence and stronger advocacy for your client. Quote “. . . what I found often is that jurors who have watched so much tv, who have watched so many movies, who have read legal thrillers, who have maybe listened to true-crime podcasts — some of them, if not many of them, expect to be entertained, and when you, as the attorney, are not kind of doing all these things that Steve is talking about in terms of interjecting that change and keeping them entertained, a lot of the jurors are surprised that court is actually that boring. They expect it to be a lot more interesting.” Laurie Gilbertson | |||
| 60. Demystifying Depositions, with Jason Young | 19 Nov 2024 | 00:47:24 | |
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 how to make the challenges easier on himself, his clients, and his witnesses. Jason also talks about the crucial work–life decisions all lawyers face as they begin their careers. 3:46 The hard part of taking depositions 5:55 Federal rules related to depositions 9:13 Witnesses, both expert and lay 11:36 Role of social media 15:10 When to video-record a deposition 17:35 The hard part of dealing with witnesses 19:40 Timelines for expert witnesses, plaintiff versus defendant 22:07 Subpoenas 25:00 Obnoxious opposing counsel 30:50 Preparing your witness 34:42 Protecting your witness 37:53 Remote depositions 40:31 Work–life balance and advice for new lawyers 44:35 Signoff questions Quote Resources | |||
| 59. At Your Service: Developing as an Advocate through Pro Bono Work, with Angela Vigil and Henry Su | 23 Oct 2024 | 01:05:50 | |
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 publico provides an opportunity both to help those in need of legal counsel and to develop one’s oral advocacy skills. In this episode recognizing both this week's National Celebration of Pro Bono and the fifth anniversary of May the Record Reflect, Angela and Henry discuss a lawyer’s professional responsibilities, the advocacy skillset that pro bono work develops, and how to find pro bono opportunities. They also reveal their favorite tips, common mistakes they see in depositions and trials, and qualities embodied by courtroom superstars. 6:25 Model Rule of Professional Conduct 6.1 8:40 Pro Bono's impact on access to justice 13:00 Learning trial skills through pro bono service 16:44 Range of pro bono advocacy work 27:35 Inspiration for doing work that is “advisory” 33:45 Generational desire to make a difference 35:37 Wellness and performance 38:16 Obligation to provide competent representation 42:25 Making time for pro bono 46:15 Witnessing skills growth through pro bono 53:00 Common mistakes in depositions and at trial 56:54 Superstar lawyer qualities 58:51 Favorite insider’s tips 1:00:46 Signoff questions
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| 58. It’s Greek to Me Ancient Rhetoric for Trial Lawyers, with Marian Grace Braccia | 10 Sep 2024 | 01:12:16 | |
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-school vibes, Temple Law Professor Marian Grace Braccia breaks down the where, how, and why rhetorical devices belong in oral and written advocacy; reveals why rhetorical devices have an massive impact, even on the cellular level, on finders of fact; refreshes your recollection on devices you already know while introducing others that belong in your repertoire; and totally geeks out about how fun, easy, and powerful they are to use. 3:30 The road to rhetoric 7:50 Definition of rhetoric and the Queen Philosophy 10:56 What are rhetorical devices? 11:59 The OGs of ancient rhetoric 18:43 Recent rhetoricians 20:59 Aesthetics of rhetoric 27:10 Where to deploy rhetoric at trial 29:12 Rhetoric in oral and written advocacy 33:00 Taking rhetoric too far 35:55 Easiest rhetorical devices to use 40:23 Obama the rhetorician 45:20 Tricolon and antanagoge 50:33 Sources of inspiration 54:09 Favorite devices 55:19 Wait . . . Taylor Swift? 57:40 Pop villains on trial 1:06:23 Signoff questions
Quote “On an artistic level, rhetoric and the effective deployment of rhetorical devices give us emotional resonance and memory enhancement and aesthetic pleasure, and even surprise and novelty. Some rhetorical devices like irony or puns introduce the element of surprise and novelty, and they can be amusing or thought provoking, and they make the message more engaging, more memorable.” Marian Grace Braccia
Resources Marian Grace Braccia (bio) The Queen Philosophy (webpage) Henry V: St. Crispin’s Day (video) Renaissance Man: St. Crispin’s Day (video) Rhetorical devices worksheet (available for download from Episode 58's show notes under Resources > Podcasts at nita.org) | |||
| 57. 10 Things You Should Know about Trial Psychology | 13 Aug 2024 | 01:07:56 | |
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 to share the lowdown. Whether he’s busting common courtroom myths, revealing how the camera lies, or delving into the cognitive process of jurors (and your very own self), Jules makes the case that knowing a little trial psychology can give you a competitive edge for the good of your clients. 4:02 Curse of knowledge 10:04 Goldfish attention span 13:47 Slo-mo evidence 19:16 Problems with graphic evidence 24:43 Visuals with words 27:28 Disconnect between science and law 36:30 Camera bias 43:21 Thought processes 48:55 Mythbusting 53:46 Go slow 56:12 Bonus lessons 1:00:15 Collective Wisdom 1:03:55 Signoff questions Quote Resources | |||
| 56. She Blinded Me with Science, with Judge Ruth McMullin | 16 Jul 2024 | 00:46:27 | |
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 some know-how. In this episode, she talks about why you need to deep-dive into learning about subjects outside of your college major, what fact-finders want to know about forensics and how to make it easier for them to follow, the subtle things you can learn by using subpoenas, and the impact of bias in forensic evidence. 3:30 Types of forensic evidence 7:40 What’s harder and easier about types of evidence 12:03 What fact-finders want from forensic evidence 13:25 Judges’ versus jurors’ needs 17:33 Simplifying complex evidence for understanding and retention 22:57 Using expert reports 25:40 Impact in the post-truth era 31:43 Judge McMullin’s favorite forensic evidence 35:18 When your agency lacks funding for competing experts 37:35 Use of subpoenas 40:25 Role of bias in forensic evidence 44:05 Signoff questions
Quote “Does this [expert] report help, does it hurt, or is it neutral? A lot of times, lawyers will see a report from the opposing side and immediately think, ‘This hurts my case.’ But it you look at it and understand the parameters of that report, it may be neutral. You can save yourself a lot of stress and time if you understand how that evidence plays in with your bigger case. It may help your case, and you may look at the report and say, ‘You know what? This actually supports my theory.’ So, the more you [learn about and question forensic evidence], the more you get comfortable with saying, ‘I don’t have an objection to this report from the other side. I actually want it. I’m glad you got it, thank you.’” Judge Ruth McMullin
Resources Judge Ruth McMullin (bio) The Great Imposter (podcast episode) | |||
| 55. Tell It to the Judge, with Judge Randall Warner and Judge Christopher Whitten | 11 Jun 2024 | 00:48:24 | |
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 from counsel, what they don’t, how to write briefs that tell a compelling narrative, where they find inspired (and inspiring) storytelling, and the summer vacations they’re dreaming of. Topics 4:11 Why storytelling matters 7:04 Judges’ versus jurors’ needs 10:35 Storytelling techniques 14:30 Finding inspiration 19:10 Great legal storytellers 21:14 Advantages for both sides of “the v” 24:09 Writing interesting briefs 28:57 Telling the same story at trial as in briefs 30:29 Judges’ pet peeves in briefs 34:40 Opposing counsel’s miscasting your client 38:42 Storytelling about unsympathetic clients 41:47 Signoff questions Quotes “Fundamentally, every case is about a story, whether it’s a technical legal dispute or whether it’s a fact dispute at trial, it’s a competition to see whose story resonates more with whoever’s making the decision, whether it’s a judge or jury.” Judge Randall Warner “Even as we’ve tried cases less and less often, we’ve gotten better and better at collecting facts, and I think that’s made us worse and worse at storytelling.” Judge Christopher Whitten Resources Judge Randall Warner (bio) (episode) Judge Christopher Whitten (bio) (episode) Building Trial Skills: San Diego (course) Dominic Gianna on MTRR (episode, episode) James Brosnahan on MTRR (episode) | |||
| 54. Are You in Control Getting Real about Witnesses, with Judge Amy Hanley and Adrienne Johnson | 14 May 2024 | 01:12:20 | |
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 Adrienne Johnson, but they oversimplify the specific control techniques that actually work and how attorney style, hearing type, and venue factor in. Tune in as they get specific about the part of trial over which we have the least control: examining witnesses. 3:48 One task lawyers often overlook Quote “I think one of the best tools for witness control is some self-control. I always say that often—most of the time—when you get an answer you don’t like from a witness or that is not responsive, usually that’s a ‘you’ problem. You have not phrased the question well to ask the thing that you want an answer to. So the first thing I always think about when I think of a witness being out of control is whether I did a good job with my questions. Did I lead on cross? Am I introducing one fact and not asking for several facts at a time? Did I leave something up to interpretation?” Adrienne Johnson
Resources Judge Amy Hanley (LinkedIn) Adrienne Johnson (LinkedIn) NITA Women in Trial (course) Direct Neglect: Where Is the Love?, with Judge Amy Hanley and Dennericka Brooks (episode) The Tense Trio, with Judge Amy Hanley and Cheryl Brown Wattley (episode) Justice at Trial, with Jim Brosnahan (episode) Give ‘em the Ol’ Razzle Dazzle, with Dominic Gianna (episode) | |||
| 53. Preparing Your Witness for the Effective Deposition, with Carl Chamberlin and Whitney Untiedt | 09 Apr 2024 | 01:15:16 | |
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 they share tips and perspectives on witness prep sessions and how to ready your witness for the procedural and substantive aspects of being deposed. Carl and Whitney also talk about the ethics obligations of counsel and the ramifications of the recent ABA Formal Opinion 508. Quote Resources | |||
| 70. Getting Down to Business: Deposing the 30(b)(6) Witness, with Veronica Finkelstein | 16 Sep 2025 | 00:55:48 | |
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-and-pop shop, this episode will fine-tune your approach to corporate testimony. | |||
| 52. Let's "Speak the Truth" about Voir Dire, with Adam Kendall | 12 Mar 2024 | 00:50:41 | |
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. 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) | |||
| 51. Depositions: Asked and Answered, with Veronica Finkelstein | 13 Feb 2024 | 01:00:28 | |
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 depositions in November 2023, Assistant U.S. Attorney and Wilmington Law professor Veronica Finkelstein returns to NITA’s studio71 to answer viewers’ questions about how to manage misbehavior in the deposition room. She also reveals how to be a passionate advocate for your client without crossing those lines yourself, to reclaim your time when the opposition wastes it, and to wield the unexpected power of a deposition binder. 4:16 Counsel who won’t control their client 8:36 Witnesses “forgetting” their records 12:14 Counsel who try to confuse your witness 15:46 Disruptive, but not inappropriate, objections 19:21 Tracking time wasted on abusive conduct 23:26 Court reporter tracking wasted time 27:21 Being zealous but not obstreperous 29:37 Speaking objections 35:05 Continuing objections 39:51 Written discovery requests 43:36 “The usual stipulations” 46:58 Contents of a deposition binder 57:07 Signoff questions
Quote “People get pretty quiet when you have the controlling case in your jurisdiction in your hand and they have nothing.” Veronica Finkelstein
Resources Veronica Finkelstein (LinkedIn) Reduce the Abuse: Managing Obstructive Opposing Counsel During Depositions (webcast) Building Trial Skills: Colorado (course) | |||
| 50. Persuasion is an Inside Job, with Dominic Gianna | 09 Jan 2024 | 01:02:46 | |
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 Dominic Gianna returns to May the Record Reflect to talk about how persuasion science can help you clear the tricky bias barrier. He presents the five most consequential cognitive biases to trial lawyers, the impact each has on fact finders, and suggests how you can connect with a diversity of jurors in the post-truth era. 4:08 What is cognitive bias? 6:55 Five common cognitive biases 7:35 Confirmation bias 10:40 Anchoring bias 13:31 Hindsight bias 18:00 Availability bias 24:48 Dom’s mantras for helping jurors process information 25:35 Affinity bias 28:52 Stupid lawyer tricks 32:18 Impact of our own biases 34:36 Biases from the bench 39:42 Appealing to a panel of judges 42:24 Expert witnesses bias impact on testimony, interpretation of evidence 44:09 Cognitive biases of opposing counsel 47:06 Persuasion in the post-truth era 57:51 Signoff questions
Quote “Jurors don’t vote for the evidence. They vote for their views, and so as advocates, we have the obligation to our clients to try to understand those views. Where did those views come from? Where are they based? What attitudes, beliefs, and values, led these people, this person—this particular person—to a belief system that is so strong that he or she will ignore information that seemingly contradicts that confirmation bias?” Dominic Gianna
Resources Dominic Gianna (LinkedIn) Deposition Skills and Trial Skills: New Orleans (courses) “Give ’em the Ol’ Razzle Dazzle (podcast episode) “The Secrets of Persuasive Legal Storytelling,” with David Mann (podcast episode) “Off Broadway and Into Court,” with Kevin Newbury and Kate Douglas (podcast episode) | |||
| 49. Justice at Trial, with James Brosnahan | 12 Dec 2023 | 01:21:30 | |
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, this legendary legend reflects on a life in law that has included face-to-face encounters with such cognoscenti as Chief Justice Warren Burger, Senator Orrin Hatch, and the Kennedys. He also talks about his viral LinkedIn series on vocal quality and breaks down the six essential qualities of a commanding speaking voice that have served him well over his 60+ years in the courtroom. Quote “The goal, which is not easy, is to be like an actor who can throw the voice up into the second balcony. That’s what you want to do. The equivalent in trial is to be sure that every word that you pronounce is heard by Juror 1 in the back row and Juror 6 in the back row, because if they haven’t heard what you’ve said, it’s like it never happened.” Jim Brosnahan
Resources Jim Brosnahan (bio) Jim’s video series (LinkedIn) Justice at Trial: Courtroom Battles and Groundbreaking Cases (book) Publio Delgado, speech harmonizer (YouTube) | |||
| 48. That's Appealing, with Judge Randall Warner | 07 Nov 2023 | 00:51:02 | |
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 bringing up the rear. Judge Randall Warner of the Superior Court of Arizona in Maricopa County joins the podcast to discuss the potential appeal issues you should be thinking about during litigation, the pretrial phase, and at trial; what issues are ripe for appeal (and which ones aren’t) and their impact on your trial strategy; and how to preserve the record for appeal in real time. He also lets you in on what he says are the most undervalued, hence underutilized, tools in your advocacy kit and how you should be using them to your advantage. Quote Resources | |||
| 47. Beginning the Effective Deposition, with Carl Chamberlin | 11 Oct 2023 | 01:26:49 | |
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 for 30 years. As the new author of The Effective Deposition, the topic is top of mind lately for Carl, so he joins us to talk about how to kick off a truly effective deposition with introductory matters and preliminary and substantive questioning techniques—and he even asks a few questions of his own. 3:22 The purpose of depositions 6:20 Difference between gathering information and obtaining information 10:38 Why depositions are important 12:30 Physical settings for remote depositions 14:15 The “usual stipulations” 17:20 Getting commitments 21:27 Commitments in remote depositions 24:42 Preliminary questions 29:51 Structure of substantive questioning 33:30 First demo 36:57 Key phrases for asking open-ended questions 38:25 And ones to avoid 43:01 Drilling down into a substantive topic 44:18 Second demo 1:04:19 Paying attention and listening 1:06:40 Using exhibits 1:10:15 Dealing with interruptions 1:13:56 Carl’s early depositions 1:16:53 The Effective Deposition 1:21:36 Signoff questions
Quote “We want to make our questions clear and concise. Simple. The clearer the question, the better the answer. The fewer the objections, the more powerful it is.” Carl Chamberlin
Resources Carl Chamberlin (LinkedIn) NITA Publications (book) | |||
| 46. The Secrets of Opening Statements, with Brooke Latta | 12 Sep 2023 | 00:35:22 | |
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. Attorney Brooke Latta’s favorite part of trial, so she joined the podcast to discuss her best tips on telling the right story, using visual aids for maximum impact, and pulling out all the stops to captivate your jurors. She also talks about some of her own openings at trial and what she holds to be the G.O.A.T. of opening statements. Timestamps & More Topics 3:00 What’s fun about openings? 4:07 Rhetorical and legal goals 6:05 Crafting an opening 8:46 Workshopping it 10:54 Figuring out the right story to tell 13:00 Telling auditory stories for visual consumers 14:36 Some good don’ts 15:30 Visual aids 17:10 Court clearance for visual aids 19:01 Objections 21:53 Case weaknesses 23:50 Closing your opening 24:42 Openings and closings, compare and contrast 26:42 Brooke’s favorite example of a great opening 32:35 Signoff questions
Quote “Something I always do is I talk to jurors like they are a friend that I’m having a martini with and I’m sitting across the table from. And I’m just talking to that friend about something that’s a very serious, very important issue — and I’m keeping it simple, I’m keeping it concise — so it’s a serious tone, but it’s casual.” Brooke Latta | |||
| 45. Courtroom Demeanor, with Shareema Abel | 08 Aug 2023 | 00:50:21 | |
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 in your own way. Special Counsel to the New York City MTA Inspector General and NITA Program Director Shareema Abel joins May the Record Reflect to talk about courtroom composure, interpersonal conduct, oral advocacy, self-expression, and so much more. 3:05 What is courtroom demeanor? 6:12 Demeanor in challenging situations 8:57 When you know the judge or opposing counsel 12:03 Vocal expression and body language 16:49 Personal style 22:55 Conduct outside the courtroom 26:12 Online proceedings 28:39 Picking yourself up on an off day 32:44 Cross-generational learning at the office 37:45 Neurodivergence 40:16 Feedback on your courtroom demeanor 44:58 Signoff questions Quote “Silence is one of the things that, over the years, I really had to get comfortable with in a courtroom because I remember wanting to fill every second of space and I thought silence was deadly. But as you grow in your career, you realize that you can use silence as a tool, and so oftentimes, especially when you forget a point, it’s ok to have a pregnant pause or use silence, and then return to a podium, to your notes, to remember what you’re saying. Or using silence to make a point after you ask a rhetorical question and using silence when you’re going from topic to topic, because my theory is you should never be talking and moving at the same time.” Shareema Abel Resources Shareema Abel (LinkedIn) NITA Women in Trial (program) Deposition Skills: NYC (program) Building Trial Skills: NYC (program) NITA Women in Trial playlist (Spotify) | |||
| 44. Unscripted Redirect, with Justin Bernstein and Spencer Pahlke | 11 Jul 2023 | 00:47:42 | |
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, the trial advocacy podcast for the law school community. Tune in to this blast from your mock trial past to hear about how advocacy skills transfer from law school to law practice to life; the forgotten lessons of mock trial that you should resurrect; and how learning, practicing, and teaching are part of a career-long cycle for the skilled advocate. Timestamps & More Topics 4:44 Unscripted Direct podcast 5:57 Trial advocacy community 9:58 Tough conversations about DEI 13:11 Building a legal podcast 14:48 Intersection of mock trial and trial practice 16:41 Three important lessons from mock trial 19:03 New practice pointers gleaned from podcasting 22:04 Life lessons from mock trial 26:01 Former students as colleagues 28:10 Things unlearned from mock trial 32:12 Why trial skills are important for all lawyers 33:30 Misconceptions about mock trial’s value 36:47 Keeping skills sharp 39:46 Skills transfer 42:58 Signoff question Quote “The biggest challenge the jurors have is they weren’t there when these things happened, so helping them feel like they are there, they’re watching things, even if it’s just through the narration of a lawyer, is incredibly powerful and it sort of sears into their memory.” Justin Bernstein
Resources Justin Bernstein (bio) Spencer Pahlke (bio) Unscripted Direct (podcast) Episode 5 (Adam Shlahet) Episode 48 (Ben Rubinowitz) Episode 51 (Rhani Lott Choi)
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| 43. Can I Get a Witness?, with Hon. Chris Whitten | 13 Jun 2023 | 00:49:03 | |
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 Superior Court Judge Christopher Whitten shares what you can do to ensure your witness walks into a deposition feeling at ease with the process and ready to handle even the toughest questions. Judge Whitten reflects on role-playing, using video as a prep tool, broaching difficult topics, responding to objections, and testifying live versus livestream—and that's just for starters. 2:35 Confident witnesses 3:53 Is witness prep privileged? 5:30 Procedural comfort 13:54 Objections during testimony 16:06 Substantive prep 22:57 Tough questions and role-playing 24:36 Using video in prep 26:38 Theory and theme testing 29:12 Common pitfalls 32:04 Testimony via Zoom versus face-to-face 38:15 Reluctant witnesses 42:36 Expert witness prep 46:03 Signoff question Quote “When you have a problem with the witness, it’s because you didn’t prepare enough.” Hon. Chris Whitten
Resources Hon. Chris Whitten (bio) Building Trial Skills: San Diego (course) The Ins and Outs of Jury Selection (webcast) En Banc: Judges’ Perspectives on Remote Hearings (webcast) “Can I Get a Witness?” (video) | |||
| 69. Keep Calm and Depose On, with Whitney Untiedt | 19 Aug 2025 | 01:09:58 | |
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 practical tools, real-world stories, and a reminder that your attitude is your greatest ally. Topics 4:52 Obstreperous behaviors 9:45 When the jerk is the witness 12:30 Strategies for handling witnesses 16:28 Preparing for opposing counsel 18:27 In-the-moment responses 23:16 Socialized for niceness 27:29 Supporting your client 31:45 What not to do 37:39 Rules about lawyer conduct 43:53 Remote versus in-person depositions 52:51 Why do lawyers act like jerks 57:57 A war story 1:01:01 Florida programs 1:07:01 Signoff questions Quote “The worst jerks are the ones that kill you with kindness than the ones who try to come at you with a butcher knife.” Whitney Untiedt Resources Whitney Untiedt (bio) Deposition Skills: Florida (program) Jayme Cassidy (bio) Building Trial Skills: Florida (program)
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| 42. Direct Neglect Where Is the Love, with Hon. Amy Hanley and Dennericka Brooks | 09 May 2023 | 00:53:42 | |
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 direct to tell a clear, persuasive story, you’re going to lose your case. According to Judge Amy Hanley and Dennericka Brooks, when you approach direct with the same zest as you do cross, you’ll get the best out of your witnesses, avoid rambling or baffling testimony, and tell the tale jurors are keen to hear. 3:42 Why don’t people love doing direct? 6:44 Common mistakes 10:49 Telling the story 12:18 Organizing your direct 14:09 Headnotes 16:29 Exhibits, visuals, and demonstratives 22:36 Witness prep 27:55 Reluctant or difficult witnesses 35:00 Bad facts 40:57 Demeanor 46:00 Redirect 49:55 Signoff question Quote “I will say, first and foremost, that you have to be prepared that no matter how well you prepare a witness, they will get on the stand and say something they weren’t supposed to say, something that will throw you off. It’s just going to happen.” Dennericka Brooks
Resources Hon. Amy Hanley (bio) Dennericka Brooks (bio) NITA Women in Trial (course) The Tense Trio (podcast) Direct Examination: Being the Guide for Your Jury (webcast) Harnessing Your Power on Cross-Examination (webcast) | |||
| 41. Slipstreams and Wormholes, with Rhani Lott Choi | 11 Apr 2023 | 00:47:10 | |
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 Rhani Lott Choi rejoins the podcast to talk about how trial lawyers can compress time through wormholes, slipstreams, and mentorship.
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| 40. The Resilient Lawyer, with Henry Su | 14 Mar 2023 | 00:45:50 | |
Being a trial lawyer is a challenging job even apart from the actual, technical work of lawyering in the courtroom. Legal advocacy often places emotional burdens upon trial attorneys that can be a lot to manage. Henry Su joins the podcast to dissect the various stressors associated with trial work and offers his insights into managing stress through mindfulness. 3:27 Occupational hazards of being a trial lawyer 10:09 Toll of adversarial work 14:11 Basic obligations to the client 16:13 Managing when conflicted 19:33 Role of fear 26:07 Mindfulness training 30:45 Learning from critiques 32:49 Developing distress hardiness 37:15 “Goblin mode” 39:27 Managing electronic intrusions 42:13 Resources on wellness Quote “You want to create distance. What you also want to do is to avoid is dissonance. Dissonance is when you allow the work that you’re doing to kind of infect you, such that you have internal conflict. You’re torn up about it. You’re torn up about why you’re doing this, and that this is not ‘you’ and that these aren’t the values that you hold dear. You want to avoid dissonance, you want to maintain distance.” Henry Su
Resources Henry Su (bio) Stress Hardiness and Lawyers (article) Integrating Mindfulness Theory into Trial Advocacy (article) Institute for Well-Being in Law (website) The Anxious Lawyer (book) Motion Skills: Online (April, August) Deposition Skills: Online (November) | |||
| 39: Off Broadway and Into Court, with Kevin Newbury and Kate Douglas | 14 Feb 2023 | 00:46:00 | |
Theatre wunderkinds and storytelling specialists Kevin Newbury and Kate Douglas join the podcast to tell stories about telling stories. Kevin and Kate discuss how universal themes, conflicts, and archetypes can be used as formulas for brainstorming; suggest some practices you should borrow from writing for the stage; and reveal which pandemic-era guilty pleasure can actually make you a more engaging storyteller. Quote
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| 38. Trial Practice Resolutions for the New Year, with Steve Wood | 10 Jan 2023 | 01:01:02 | |
If you’re looking for some resolutions for improving as a trial lawyer, let veteran prosecutor Steve Wood be your guide. In this episode (originally aired in 2021), Steve shares the top ten trial tips that always brought him luck. Any one of these would make for an ideal goal to shoot for in 2023. Steve also talks about public service and his lengthy career in law. Quote Recommended Resources | |||
| 37. Explicit Bias and the Jury Box, with Raam Wong | 14 Dec 2022 | 00:46:58 | |
Something that concerns trial lawyers more than ever is seating a juror with intractable explicit biases or who believes in conspiracy theories. King County Senior Deputy Prosecuting Attorney Raam Wong experienced this situation when he prosecuted a high-profile, near-fatal shooting of an antifascist protester during a demonstration in Seattle in 2017. Raam joins the podcast to talk about voir dire and deselection tactics, experts and evidence, and checking your own biases at the courtroom door. Topics Quote Resources | |||
| 36. I’ll Be the Judge of That: Best Advice from NITA’s Judges | 08 Nov 2022 | 00:28:42 | |
This month’s episode features advice and observations from some of NITA’s top judges, who serve as faculty, presenters, and board members. They share their reflections on what they’ve seen from their unique vantage point on the bench and dispense helpful tips for the next time you’re in court. Resources | |||
| 35. The Great Pretender, with Judge Ruth Rocker McMullin | 11 Oct 2022 | 00:41:37 | |
Imposter syndrome is a common phenomenon among lawyers, often starting in law school, where self-doubt about your spot among so many wunderkinds can shake your sense of achievement and belonging. Gwinnett County Magistrate Court Judge Ruth Rocker McMullin joins the podcast to discuss what imposter syndrome looks like when it shows up in lawyers’ lives, how she got out of her own way as her legal career pivoted into new directions, what happens at the intersection of imposter syndrome and implicit bias, and how cultivating emotional intelligence just might save you from yourself. Topics Quote Resources | |||
| 34. Upon Further Examination, with Rhani Lott Choi and Kate Sandlin | 16 Sep 2022 | 00:58:25 | |
The spontaneity of cross-examination and impeachment often intimidates lawyers early in their trial career. NITA Education Director Rhani Lott Choi and Denver trial lawyer Kate Sandlin have been there, done that — and in this episode, they disclose their favorite tips that honed their skills and settled their nerves. Rhani and Kate talk about how to feel at ease in the moment, advance-prep for the “spontaneity” of cross and impeachment, bring wily witnesses to heel, use demonstratives to pin down an answer, and help your witness be ready to take the stand. Topics 3:05 Cross-examination: what is it good for?
Quote “Every mistake I’ve made on cross-examination, if I ever go back and look at it, the problems start with my question, and I probably wouldn’t have made that mistake if I’d asked a better question.” Rhani Lott Choi
Resources Rhani Lott Choi (bio) | |||
| 33. The Secrets of Persuasive Legal Storytelling | 09 Aug 2022 | 00:45:16 | |
Legal communications specialist David Mann joins the podcast to encourage listeners become masters of persuasion through storytelling. In this episode, David explains that legal case storytelling is not just for trials, tells how to flip the narrative script and align the fact finder with your client, and reveals a trove of writing techniques that help sharpen your writing and storytelling skills. 2:52 Why boring opening statements are boring Quote Resources Story Power: Building Persuasive Case Narratives (course) Presentation and Oral Advocacy Skills for Any Lawyer (course) The Seven Basic Plots: Why We Tell Stories (Wikipedia) The Artist’s Way: A Spiritual Path to Higher Creativity (book) Engaging the Jury in the First Two Minutes (free webcast) Winning Cases with Better Storytelling (free webcast) Give ‘em the Ol’ Razzle Dazzle, with Dominic Gianna (podcast) Metallica (v. Napster) and (v. Guerlain) litigation | |||
| 68. I Feel for You: The Lawyer’s Occupational Hazard of Vicarious Trauma, with Prof. Angela Downes | 15 Jul 2025 | 00:43:36 | |
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 fatigue in yourself and your colleagues. Most importantly, Professor Downes discusses effective stress-management strategies that would benefit anyone with a busy trial practice. | |||
| 32. The Tense Trio, with Judge Amy Hanley and Cheryl Brown Wattley | 19 Jul 2022 | 00:55:02 | |
Kansas District Court Judge Amy Hanley is joined by UNT Dallas College of Law Professor Cheryl Brown Wattley for a lively discussion of “the tense trio”: objections, cross-examination, and impeachment. Find out what these elements of a trial have in common; why trial lawyers face so much pressure around them; how to overcome the challenges of the tense trio at trial; and what mentorship means to career development. Topics Quote “I have discovered that there’s also a physical hurdle to cross-examination, in that tone and demeanor. And what I’m talking about there is that adrenaline rush that we get from confrontation, and if you’ve been in trial and you’ve done cross-examination, you know what I’m talking about. The blood is pumping, the energy is coursing through you, and I’ve heard communication specialists talk about this and how we really need to burn off some of that excess energy.” Judge Amy Hanley “I think the other problem area [in impeachment] is oftentimes lawyers want the impeachment to work and they don’t read the second sentence. They don’t read the thing that the witness said either right after, or alternatively right before. So, you pull out that which seems to be a contradiction, but really, if you read the full paragraph, it’s the same explanation. You can’t just focus on the five words.” Cheryl Brown Wattley Resources Judge Amy Hanley (bio) | |||
| 31. Goliath Hits Back, with Judge Nancy Gertner and Reuben Guttman | 14 Jun 2022 | 00:51:27 | |
Retired federal judge Nancy Gertner and class action lawyer Reuben Guttman discuss the impact of Twombly and Iqbal, two SCOTUS decisions that precipitated critical changes in pleading, class certification, and expert standards that have affected a complaint’s capacity for making it past the motion-to-dismiss stage. In this wide-ranging interview, they talk about the challenges these decisions have on both judges and practitioners and how the landmark case of Brown v. Board might fare under post-Twiqbal standards.
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| 30. Your Courtroom Comeback, with Carol Sowers | 02 May 2022 | 00:39:36 | |
As social distancing and K95s finally become visible in the rearview mirror, communications expert Carol Sowers returns to the podcast to coach listeners through the yips of post-lockdown performance anxiety and rusty face-to-face social skills, and to discuss the remote advocacy habits we created that are worth keeping and refining. She also touches on a few subtle ways lawyers inadvertently undermine their authenticity and credibility.
Topics 2:57 Staring down the yips 9:46 Our best work adaptations and habits 14:20 Court activities that might remain remote 17:20 Framing yourself 19:45 New rules for eye contact 22:02 Mumbling the play-by-play 24:00 Preparing for in-person presentations 28:22 Distractions and attention span 30:20 Practice, practice, practice 31:20 Virtual backgrounds 35:56 Signoff questions
Quote “I know it’s so boring to hear communications specialists talk about practice. It’s what we all say, and what we all have said, and what we all will continue to say. But I think it’s even more vital now. If you’re not practicing, I think you’re doing yourself a disservice, and I think that you’re doing your case and your client a disservice.” Carol Sowers
Resources NITA 1:1 Coaching (link) Celebrating Carol Sowers’ Nearly 30 Years with KHQA (YouTube) Taste: My Life Through Food, by Stanley Tucci (book) The Dropout (Hulu) | |||
| 29. Gathering Admissions, with Jason Young | 31 Mar 2022 | 00:46:13 | |
In Episode 29 of May the Record Reflect, we gather all sorts of admissions—about depositions—from NITA NextGen alumni faculty member Jason Young. After taking and defending thousands of depositions throughout his career, he’s no-nonsense and has figured out how to make the challenges easier on himself, his clients, and his witnesses. Jason also talks about the crucial work–life decisions all lawyers face as they begin their careers. Topics 2:58 The hard part of taking depositions 5:07 Federal rules related to depositions 8:24 Witnesses, both expert and lay 10:47 Role of social media 14:21 When to video-record a deposition 16:47 The hard part of dealing with witnesses 18:51 Timelines for expert witnesses, plaintiff versus defendant 21:19 Subpoenas 25:10 Obnoxious opposing counsel 30:02 Preparing your witness 34:53 Protecting your witness 37:01 Remote depositions 38:30 Work–life balance and advice for new lawyers 44:50 Signoff questions
Quote “What a lot of inexperienced deposition lawyers have a problem with is they are terrified of the unknown in depositions and afraid to follow up on things, know how to shut things down, and that really scares a lot of people. And I guess the thinking with depositions a lot of times is, you want to know more. If there’s information that’s going to come out that’s going to hurt me, I want to know it in a deposition. If there’s additional facts I need or something I didn’t know, I’d rather find out in a depo than in trial.” Jason Young
Resources Jason Young (bio) Blog interview (The Legal Advocate) Federal Rules of Evidence with Objections (book) NITA Deposition courses (registration) | |||
| 28. Give ‘em the Ol’ Razzle Dazzle, with Dominic Gianna | 01 Mar 2022 | 00:59:49 | |
In Episode 28 of May the Record Reflect, New Orleans trial legend Dominic Gianna introduces the concept of “audience-centric advocacy” and how to reach jurors and judges through effective storytelling, psychological insights, and physical performance. This self-professed “Broadway theater kid” talks about stepping into your own personal style, becoming comfortable in your own skin, why you need log lines and tag lines, and how he became the legal consultant on My Cousin Vinny.' 3:26 What jurors want 4:44 Audience-centric advocacy 6:37 When jurors are most open to persuasion 8:41 Two stages of trial: framing and scrutinizing 13:44 Central premise 19:11 Importance of jury psychologists 21:45 Jurors’ attribution of fault and judgment of parties’ motivation 23:45 Back story 26:15 Storytelling 28:15 Log lines and tag lines 34:08 Non-verbal communication 37:01 Developing your trial style 38:43 Raising your comfort level with performance 42:55 Don’t do this 45:31 Advocacy during covid 54:11 Signature sign-off questions
Quote “The framing process takes place right away in the beginning, and that is, in most trials, in the opening statement. That’s why we tell our NITA students, ‘Never ever, ever save a good, persuasive piece of evidence for the trial.’ Never do that, because when the framing part of a trial is over, which is usually the end of the opening statement, 85 percent or so of people who are leaning this way as opposed to another way, never, ever, ever change their mind.” Dominic Gianna
Resources Dominic Gianna (bio) Deposition to Trial Skills: New Orleans (program) David Mann (bio) Dr. Dan Jacks (bio) Kevin Newbury (bio) Opening Statements: Winning in the Beginning by Winning the Beginning (book) Sapiens: A Brief History of Humankind (book) Joan of Arc trial (transcript) | |||
| 27. Closing Time, with Luke Cass | 08 Feb 2022 | 00:28:19 | |
In Episode 27 of May the Record Reflect, former federal prosecutor Luke Cass slides into the hot seat to answer questions about closing arguments. He shares what he learned in working civil and criminal cases for the DOJ in Puerto Rico and D.C., with a particular emphasis on reversals on closing: what they are, why they happen, and what happens next. Topics Quote
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| 26. Direct Hit, with Mike Beckwith | 04 Jan 2022 | 00:40:56 | |
26. Direct Hit, with Mike Beckwith In Episode 26 of May the Record Reflect, we’re joined by trial veteran Mike Beckwith to talk about one of the foundations of trial practice: the direct examination. As a Chief Assistant United States Attorney with the Department of Justice, Mike has litigated hundreds of cases before trial courts in multiple federal districts and the Ninth Circuit. Tune in to find out why he thinks direct examination is crucial to your case, the best way to deal with bad facts and unlikeable witnesses, and how to comport yourself on your feet and in the moment. Topics Quote “With a good witness, you feel like Clarence Darrow. With a bad witness, you feel like a first-year law student. But there are good and bad out there, and so you’ve got to listen, because the good witness will give you something you want to follow up on that you didn’t have in your notes, and the bad witness you really need to be careful with because there’s a reason why they’re doing what they’re doing and a lot of times you can shift to something that’s going to explain that or you can shift them off a topic that’s irrelevant or is just going to go down a rabbit hole that is going to confuse the jury.” Mike Beckwith | |||
| 25: Best of 2021 | 07 Dec 2021 | 00:39:35 | |
In Episode 25 of May the Record Reflect, we take a listen to the best tips we heard from each episode in 2021. To hear the full episodes from which each tip was derived, please visit our podcasts on nita.org here.
Topics 1:47 Dick Harpootlian 3:49 Alison Reagan 5:57 Dean Marc Miller 9:14 Helen Geib 11:28 BJ Moore 14:35 Alicia Aquino 16:22 Shannon Bales 17:35 Hon. Nancy Vaidik 20:15 Rebecca Diaz-Bonilla 21:59 Judith Gaton 23:29 Steve Wood 27:16 J.C. Lore 29:10 Reuben Guttman 30:36 Jo Carol (LaFleur) Nesset Sale 32:59 Angela Porter 34:10 Dan Kotin 36:13 Hon. Ann Claire Williams (Ret.) 37:00 Clay Taylor | |||
| 24: Tips and Tales, with Legal Legend Dick Harpootlian | 02 Nov 2021 | 00:44:13 | |
In Episode 24 of May the Record Reflect, we’re joined by legendary American trial lawyer Dick Harpootlian. He takes a moment out from representing Alex Murdaugh to describe the roundabout way he entered law and became one of the nation’s top trial lawyers, discuss what it was like to work death penalty cases and prosecute an infamous mass murderer, and reveal advocacy tips that have always brought him luck. Topics Quote Recommended Resources | |||
| 23. My Landmark SCOTUS Case with Jo Carol LaFleur Nesset-Sale | 11 Oct 2021 | 00:48:58 | |
In Episode 23 of the podcast, we’re joined by Jo Carol Nesset-Sale, who as a young woman brought forth a pregnancy discrimination lawsuit that found its way to the United States Supreme Court. Her case, Cleveland Board of Education v. LaFleur, was part of the societal sea change that resulted in women being able to remain in the workforce as their families grew. Jo Carol’s experience lit a fire in her to become a lawyer herself and transform the lives of her clients she serves. Topics 2:09 The story behind the SCOTUS case Quote “I certainly saw that, at a moment in time, if you can have the intersection of an aggrieved person who’s been unfairly treated and a lawyer who’s willing to take the case and charge no fee, that wonderful things can happen, that change can be made.” Jo Carol (LaFleur) Nesset-Sale
Recommended Resources Cleveland Board of Education v. LaFleur From Sideline to Frontline: The Making of a Civil Rights Plaintiff She Was a Teacher. She Got Pregnant. Her Case Ended Up at the Supreme Court
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| 67. Eight Steps for Handling Deposition Exhibits, with John Farrell | 17 Jun 2025 | 00:40:42 | |
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 the exact sample language that ensures exhibits are properly marked and admitted, and suggests ways to keep court reporters and judges pleased with your professionalism. Topics | |||
| 22. Pretrial Advocacy, with Reuben Guttman and J.C. Lore | 07 Sep 2021 | 00:43:29 | |
In Episode 22 of May the Record Reflect, Reuben Guttman and J.C. Lore discuss their new book, Pretrial Advocacy, and why modern litigation practices necessitate early, close attention from practitioners. They discuss the interplay of early discovery with the Federal Rules of Evidence and Civil Procedure, how law schools are responding to “front-loaded” litigation that often results in fewer jury trials, why public interest law matters, and what’s exciting about pretrial.
Topics 3:37 The meaning of front-loaded cases
Quotes “The fun thing I always thought about pretrial advocacy is you get to learn about areas you never knew of. I once met a famous trial lawyer many, many years ago and he’s since passed – Alfred Julien – and he told me that one of the fabulous things about being a trial lawyer is that you get to be a jack of all trades, in some regards, and an expert in none. I always thought it was exciting because it’s a process you get to immerse yourself in and really learn a lot.” (Reuben Guttman) “Certain types of trials aren’t happening anymore because of the huge cost of litigation. But there are courthouses and courtrooms all over this country that are doing trials every single day, on both the civil and the criminal side. You go to landlord–tenant court, you go to family court, you go to municipal court, you go to immigration court—all of these courts are having trials all of the time.” (J.C. Lore)
Recommended Resources Pretrial Advocacy (book) Reuben Guttman (bio) J.C. Lore (bio) Daubert v. Merrell Dow Pharmaceuticals, Inc.
Read NITA’s statement on the important of in-person advocacy in courts, here. | |||
| 21: Top 10 Trial Tips that Make a Difference, with Steve Wood | 03 Aug 2021 | 01:00:31 | |
In Episode 21 of May the Record Reflect, veteran prosecutor Steve Wood joins us to share his ten favorite trial tips. He also talks about what he remembers about his first trial, his life in public service as the Delaware DOJ’s leading trial attorney, and the other reflections on living the lawyering life. Topics Quote
Recommended Resources Steven P. Wood (bio) America’s Constitution: A Biography (book) So Many Ways to Lose (book) Geddy Lee’s Big Beautiful Book of Bass (book)
Read NITA’s statement on the important of in-person advocacy in courts, here. | |||
| 20: Trial Style and Courtroom Confidence, with Judith Gaton | 06 Jul 2021 | 00:40:30 | |
In Episode 20 of May the Record Reflect, trial lawyer and wardrobe consultation Judith Gaton joins us to explain why style matters in the courtroom and how to dress for post-pandemic office life at a time when the expected corporate culture—and maybe our bodies—have changed. Topics 3:05 Why your clothes matter 5:36 But isn’t style frivolous? 13:18 Work clothes that no longer “fit” 16:22 Evaluating your wardrobe after covid 18:45 What pieces to invest in, and what to save on 21:48 Pandemic’s impact on dressing for the law office 25:15 Menswear options for a more casual office environment 27:29 Stanley Tucci’s refined casual style and sprezzatura 30:54 Sleek footwear options 32:40 Style inspo and options for lawyers and other professionals 38:07 Signature signoff question Quote “We have to sort of make room to be amused by each other as we find our footing and find out what it’s going to look like for all of us as we re-enter society, as we sort of spend more time with each other, as we come back to the office. It doesn’t have to go back to the way it always was. There’s no requirement. This is a beautiful moment for all of us to rethink ‘Did we even like the way it always was? Did we enjoy wearing suits? Did we enjoy being dressed up all the time?’ or would we all collectively prefer to be a little more on the smart-casual side of things, or business casual of things, than to be so dressed up all the time. Each office culture’s going to have to figure that out for itself. I think every courtroom, almost, is going to decide that for itself.” (Judith Gaton) Recommended Resources How COVID-19 has changed what we wear and how we feel about clothing (Seattle Times) Schedule an Appointment with Those Clothes You Haven’t Worn in a Year (New York Times) In Praise of Stanley Tucci’s TV Travel Uniform (GQ) Berluti double monkstrap sneakers Next Level Wardrobe (Instagram)
Read NITA’s statement on the important of in-person advocacy in courts, here. | |||
| 19: Upleveling Your Oral Advocacy Skills, with Hon. Nancy Vaidik and Rebecca Diaz-Bonilla | 01 Jun 2021 | 00:47:40 | |
In Episode 19 of May the Record Reflect, Judge Nancy Vaidik of the Indiana Court of Appeals and international communications consultant Rebecca Diaz-Bonilla, are in the hot seat to share insights from their new book, Point Well Made, Persuasive Oral Advocacy. They reveal why oral advocacy still matters in a time when most cases settle before going to trial, how to better know your judge to give yourself a leg up, and what are the highs and lows of ruling from the Zoom bench.
Topics 3:56 A learning-by-doing book for oral advocacy
Quotes “Oral advocacy is a lot different from written advocacy and our law schools are focusing on written advocacy and not on oral advocacy, and there are differences. In oral advocacy, as an advocate, you can actually listen to the judge’s concerns—or whoever you’re talking to, the listener’s concerns – and adapt your argument. You can’t do that in a written setting. In an oral setting, however, you need to keep attention, the attention of the listener. And in a written advocacy situation, that’s not so much the case because when the reader loses focus, they can go back and re-read the material. You can’t do that in oral advocacy situation.” (Judge Nancy Vaidik) “Judges are people too, and so they’re not immune to the digital age and the lower attention span and the need for people to get to the point and say it clearly, concisely, thematically. All those things are super important, and so old-style argument is not going to be as effective. You have to take into account the digital age and the judges who are going to be listening, especially as younger and younger judges get appointed to the courts. It’s so important to adapt the way we approach oral argument in front of one or multiple judges.” (Rebecca Diaz-Bonilla)
Recommended Resources Point Well Made: Persuasive Oral Advocacy (book) Hon. Nancy Vaidik (bio) Rebecca Diaz-Bonilla (bio) Foolproof: The Art of Communication for Lawyers and Professionals, Second Edition (book) Rebecca Diaz-Bonilla’s “Foolproof” Tips for Professional Communication (podcast) Delivering a (Last-Minute) Point Well Made (webcast) | |||