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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.
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Rule 30(b)(6) depositions can be a game-changer in litigation—but only if you know how to use them strategically. In this episode, former Assistant U.S. Attorney and current Wilmington Law professor Veronica Finkelstein shares expert guidance on understanding the purpose and power of a 30(b)(6) deposition, identifying the right corporate representative, drafting precise specifications, and preparing your designee for examination. Whether you're deposing a Fortune 500 company or a little mom-a...
Depositions can be a minefield—and not just because of the facts. In this episode of May the Record Reflect, trial attorney Whitney Untiedt returns to share her expert strategies for navigating the disruptive behaviors of difficult counsel and witnesses. From talkers and interrupters to charmers and egomaniacs, Whitney breaks down the types of jerks you’ll encounter and how to stay focused, professional, and in control. Whether you’re taking or defending a deposition, this episode offers prac...
1Long hours, heavy caseloads, high stakes—such is the modern trial practice. But when lawyers represent survivors of violent or traumatic incidents, they often experience next-level stress caused by empathetic engagement. In this episode, UNT Dallas College of Law professor and JAMS neutral mediator, arbitrator, and special master Angela Downes introduces listeners to vicarious trauma and its effects on body and mind, how vicarious trauma differs from burnout, and how to recognize compassion f...
Depositions are a key building block in legal disputes, especially for cases that proceed to trial. According to veteran trial lawyer John Farrell, properly handling an exhibit so it’s admissible at trial is an overlooked skill that can, and should, be practiced until it becomes second nature. In this episode, John reveals eight crucial steps for handling documents that ensure your deposition flows smoothly and exhibits are admitted for trial. He breaks down the process step by step, gives th...
Content Warning: This episode discusses, in non-graphic terms, representing intimate partner violence survivors. Being a trial lawyer is one of the toughest, most demanding professions out there, and when you’re representing family members in distress it’s even more so. Hofstra Law professor Barbara Barron discusses advocacy challenges faced by lawyers working with survivors of intimate partner violence, or IPV. Although some details are particular to IPV survivor representation, trial ...
For trial lawyers, “advocacy in a hurry” — injunctions, bail hearings, requests for orders of protection, emergency custody petitions, or immigration orders — calls for making the most of the limited time you have before the court, even if it's just 15 minutes. Former Illinois Eighth Circuit Court Judge Mark Drummond shares seven valuable tips on compressing your case to fit the time available, how to help the judge quickly understand what’s at issue in the proceeding, and what ethics concern...
As a sitting district court judge and 29-year public defender, NITA Program Director Judge Cynthia McCollum knows a thing or two about jury selection, and in this episode, she opens up about how to get your jurors to open up. She serves up a baker’s dozen of her best tips for getting jurors to talk during voir dire, mistakes she learned from as a public defender, what to know about Batson challenges, and anecdotes about her career trajectory before and on the bench. Topics 3:50 First ...
NITA Program Director and former Resource Director Mark Caldwell joins the podcast to chat about how to effectively communicate with the various audiences in the courtroom to ensure they get — and comprehend — the information they need from you. He shares how to talk to jurors about unfamiliar courtroom procedures and substantive information, why sounding like a tv lawyer is a huge turn-off to jurors, and recommends some of his favorite lawyers from pop culture whose techniques can help trial...
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. Timestamps & More Topics 3:06 H...
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 a...
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. Topics 3:46 The hard part of taking depositions 5:55 Federa...
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 ...
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; refres...
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 compet...
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 l...
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’ vers...
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 w...
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 ...
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 pot...
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 advoc...
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