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Trial Tested: A Podcast by the American College of Trial Lawyers presents enlightening discussions about life and law through interviews with prominent trial lawyers and significant figures in the world of trial law. From lead counsel in historic cases to justices of the court, you will hear from the people who have made an impact in the courtroom – and in life. Hosted by Fellows of the College, Trial Tested aims to inspire trial attorneys to maintain and improve the standards of trial practice, professionalism, ethics and the administration of justice.
81 Episodes
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Past President of the College Jeff Leon joins host Dave Thomas to discuss his career as a leading Canadian litigator. He reflects on his role as co-lead counsel to the Public Order Emergency Commission following the Freedom Convoy protests, highlighting the challenges and importance of addressing issues regarding freedom of expression. Reflecting on notable cases, such as the sale of the Toronto Maple Leafs hockey team, Leon stresses the significance of focusing on the legal issues at hand, mentoring young lawyers, and promoting civility within the legal profession.
In this episode of Trial Tested, former Watergate prosecutor Jill Wine-Banks recounts her early career and the challenges she faced as a female lawyer, first in the Department of Justice's organized crime division and then as the youngest Watergate prosecutor. Wine-Banks joins host Terri Mascherin to discuss the obstacles faced by the Watergate prosecution team, including the infamous "Saturday Night Massacre" and the discovery of an 18-and-a-half-minute gap in the Watergate tapes. She discusses the parallels between the Watergate era and the contemporary erosion of democratic norms, reflecting on how her experiences during Watergate helped shape her views on current legal and political challenges.
Go to criminal defense attorney Paul Meyer of Orange County, California reflects on his career with host Dave Thomas. Meyer emphasizes the importance of preparation and empathy. He shares his criminal defense experiences with high profile clients such as Dennis Rodman, Merrill Lynch, national sports figures, elected officials, and the Saudi Arabian Royal Family, as well as his years defending judges in misconduct allegation cases. Meyer’s insight about managing both personalities and complex legal issues is compelling. He advises young lawyers to focus on cases they enjoy and stresses the significance of compassion in navigating legal challenges, drawing from his work with clients such as Al Joyner coping with wife Florence Griffith Joyner's tragic death.
1In this episode, host Vince Citro interviews David Oscar Markus, criminal defense attorney and host of his own podcast, For the Defense. Markus emphasizes the importance of loving what you do while discussing themes and trial strategy. He reflects on the significance of client testimony and the unpredictability of trial outcomes. Through his experiences, he underscores the evolving nature of trial strategy and the importance of adaptability in pursuing one's passion for trial advocacy.
Join host Renee Rothauge as she discusses the intricate world of intellectual property and patent case litigation with Attorney William Lee. From the Iran-Contra Affair to the “smartphone wars” to navigating losses like the recent Supreme Court affirmative action case, Lee shares his insights and lessons learned from trying more than 200 cases to verdict. He also delves into personal encounters with discrimination and pride in his Chinese heritage. As an inductee into the American Academy of Arts and Sciences, Lee reflects on his career, prioritizing family, and the enduring values of integrity and mentorship.
Sharon McMahon, renowned as 'America's government teacher' and host of the podcast ‘Here’s Where It Gets Interesting,' joins host Amy Gunn to discuss topics such as nonpartisan civics education, fostering respectful dialogue and the importance of democracy. Originally a high school government teacher, Sharon unexpectedly transitioned to a national platform, driven by a desire to combat political misinformation and promote civil discourse. She stresses the need for empathy and engagement to bridge ideological divides and promote an educated electorate.
The Hon. Suzanne Côté was the first woman to be appointed to the Supreme Court of Canada directly from private practice in 2014. This week, Madam Justice Côté joins host Amy Gunn to discuss her surprising journey from litigator to the Supreme Court, the heathy value of dissenting opinions and the importance of “answering the question.”
Jeffrey Rosen, President and CEO of the National Constitution Center (NCC) in Philadelphia, joins host Renee Rothauge for a comprehensive discussion about the US Constitution. They explore topics ranging from civics education to the impact of AI to the importance of fostering civil discourse on constitutional principles, all underscored with Rosen’s dedication to educating people about the Constitution through the NCC’s innovative platforms.
From religious discrimination to execution protocol, Judge Jeremy Fogel is no stranger to handling challenging matters in his courtroom. Judge Fogel, recipient of the Samuel E. Gates Litigation Award, joins host Dave Thomas to discuss effective advocacy, emphasizing empathy and mindfulness in the courtroom. By examining the role of culture, language and trauma in shaping individuals’ experiences, Judge Fogel delves into the importance of addressing unconscious biases within the legal profession.
ACTL Past President David Beck emphasizes the importance of humility, hard work, and continual learning in this interview with host Vince Citro. With notable involvement in pivotal cases such as the BP Oil Spill litigation and other matters for Exxon, Beck's extensive career has earned him respect and admiration from clients and legal professionals alike.
For Michele Roberts, former Executive Director of the National Basketball Players Association (NBPA), a career in law was sparked when her mother took her to observe local court proceedings as a child. Host Mike Herring delves into her experiences as Chief of the Trial Division at the PDS, her transition to private practice and her pivotal role at the NBPA. Roberts provides valuable insights on managing egos and agendas while maintaining credibility and connection, both in and out of the courtroom.
Brian Gover is known for tackling complex legal issues and leaving an indelible mark on high-profile cases throughout his career. Gover discusses his work in criminal and Aboriginal law, where he has represented both the Crown and individuals seeking justice. In this captivating conversation with host Dave Thomas, Gover emphasizes the importance of due process and treating both the powerful and powerless with equity.
In 2021, as international peacekeeping forces prepared to withdraw from Afghanistan, about 270 Afghan women serving as judges feared for their lives. A small group of international women judges, led by Patricia Whalen and Mona Lynch, tirelessly coordinated evacuations and sought government assistance to help these women escape. Join host Terri Mascherin for an inspiring conversation with Judges Whalen and Lynch as they share their remarkable story of bravery and perseverance.
Join host Mike Herring as he interviews DeMaurice Smith, delving into a remarkable career that spans private practice and time in the U.S. Attorney’s office, leading up to his unanimous appointment as Executive Director of the NFL Players Association in 2009. Recognized for his role in guiding the players association through the 2011 NFL lockout, Smith was pivotal in facilitating a groundbreaking collective bargaining agreement and spearheading the development of vital health and safety protocols for players.
Judge Barbara Lynn, recipient of the Samuel E. Gates Litigation Award and the first female chief judge in Texas history, shares wisdom from her experience as a trial lawyer and judge in this interview with host Renee Rothauge. Judge Lynn emphasizes the importance of speaking up for what you want and taking opportunities to learn and practice while discussing topics ranging from jury trials during the pandemic to the use of AI in the courtroom.
Marc Mukasey is known for managing high-profile cases such as the defense of Navy SEAL Edward Gallagher in a widely publicized trial and Halliburton in the Deepwater Horizon disaster. Mukasey joins host Vince Citro to discuss the importance of authenticity, connecting with a jury, and maintaining the fight for the pursuit of justice.
Ambassador Kevin O'Malley's career spans from prosecuting organized crime for the Department of Justice to private practice to serving as Ambassador to Ireland. After his tenure as Ambassador, he returned to St. Louis University Law School where is now a professor and ambassador in residence. Host Amy Gunn discusses Ambassador O'Malley's journey from being the descendant of Irish Immigrants to his nomination as ambassador, and how it instilled a deep appreciation for empathy and understanding diverse perspectives.
On Juneteenth 2018, ACTL Fellow Jeffery Robinson stood before a packed house at the Historic Town Hall Theater on Broadway in Manhattan to present his closing argument on racism in America. Five years later, on Juneteenth 2023, Jeffery joins host Terri Mascherin to discuss his documentary film titled, “Who We Are: A Chronicle of Racism in America,” and his nonprofit organization, The Who We Are Project.
The conversation with attorneys Bob Trout, Josh Treem and Bill Jeffries continues as they recount how a criminal defense attorney came to be accused of obstruction for simply doing his job. Listen as they discuss the issues resulting from government overreach, cooperating criminal defendants and false testimony – among other things – with host Amy Gunn.
When you’re a criminal defense attorney facing government accusations, what do you do? In Part One of this captivating case study, attorneys Bob Trout, Josh Treem and Bill Jeffries discuss with host Amy Gunn how the defender of one criminal defense attorney came to need his own criminal defender and what happened next.
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