May the Record Reflect

National Institute for Trial Advocacy
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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.

  1. 1月20日

    74. Handling Experts at Trial: Can't Live With Them, Can't Live Without Them, with Gene Tanaka

    From forensics to financials and the medical to the technical, trial lawyers rely on expert witnesses to help fact finders understand complicated concepts and issues in their case. But dealing with experts is an expert technique in itself, so in this episode NITA Program Director Gene Tanaka breaks down the battle-tested process that has brought him success. First, he lays out the standards for expert testimony and traps to avoid, then shares steps for direct examinations, issues in cross, and persuasive techniques.  Topics 04:20  Why experts are important 05:54  Breadth of expert opinions 07:24  Expert traps 11:44  Standards for expert testimony   15:28  Five steps for direct examination: Introduction and teaser 17:48  Qualifications 20:10  Red flags in an expert’s background 21:28  Opinion 25:24  Basis for opinion 27:39  Difference of experts’ opinions 28:50  Conclusion 30:19  Persuasive techniques 34:10  Conducting cross 42:06  Signoff questions Quote “One of the things that we [attorneys] often do is we rely too much on credentials. We look at an expert and we think, ‘Well, this person has this certification and this level of education, and therefore they must be better than the other person who doesn’t have that.’ But you know, a lot that is just lost on everybody – the trier of fact. They can’t tell the difference between one credential or the other. But what they can tell the difference is whether someone is likeable and whether they’re understandable.” Gene Tanaka Resources Gene Tanaka (LinkedIn) Expert Testimony slides (PPT) Modern Trial Advocacy: Analysis and Practice (book) Federal Rules of Evidence with Objections: As Amended to December 1, 2023 (book) Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them (book) Effective Expert Testimony (book)

    45分

  2. 2025/12/16

    73. Depositions Done Right, with Carl Chamberlin

    With most cases settling before trial, depositions have become the real battleground—and few people know that better than Carl Chamberlin. Carl has spent decades taking and defending depositions in private practice and teaching the craft for over 30 years. In a reprise of one of May the Record Reflect's most popular episodes, he’s here to share how to kick things off the right way—from setting the stage with introductory matters to navigating preliminary and substantive questions.  Topics 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) The Effective Deposition, Sixth Edition (book)

    1時間26分

  3. 2025/11/18

    72. The Vocal Edge: An Opera Singers Secrets for Trial Lawyers, with Anne Fuchs

    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 02:30  Why vocal quality matters 04:03  Assessing your voice and why we hate the sound of it 07:13  Transatlantic accent 08:34  Introverts and extroverts, and skills  13:42  La Postura 21:16  Appoggio 33:05  Legato 41:26  Chiaroscuro 39:41  Nasality and vocal fry 50:20  Opera and the appellate court 55:23  Signoff questions Quote “Confidence is a skill set. It is not a personality trait. And so as much as it might feel like, Wow, that big, loud, bombastic person with that amazing trial experience, and Look at how he just commands the courtroom with that voice—that may be something that’s inherent to him. It may be something that he learned. But it is 100% true that every single person can learn how to use their voice more confidently and more effectively, without being an extrovert, without it being something that just came to them naturally. There are specific skills you can learn, and anybody can do it.” Anne Fuchs Resources Anne Fuchs (bio) Foxy Opera (30-minute private coaching, enter Secret49 for savings) Vocal Warm-Up Exercises (cheat sheet) Point Well Made: Persuasive Oral Advocacy (book)

    1時間7分

  4. 2025/10/21

    71. Mind the Gap: Generations in Trial Practice, with Professor Marian Braccia

    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 00:58  Generational span in law offices 04:40  Gen Z stereotypes and realities 05:53  Overview of generations in law 08:35  Defining characteristics by generation 26:37  Gen Z values and “sea change” 29:58  Generational mix in legal workforce 32:02  Authority and leadership styles 36:13  Policies and procedures 39:41  Decision-making preferences 42:55  Communication styles 47:58  Feedback and critique preferences 52:30  Generational tensions and perceptions 58:42  Recognition and rewards 01:01:51  Recommendations for law firms 01:07:20  Signoff questions Quote “We are talking about the success of the profession, we are talking about the longevity of the profession, and we want that to be something that doesn’t have to be reinvented every generation. We want to see continuity, and the only way we can do that is for there to be meaningful collaboration between the generations when it’s time to pass the baton.” Marian Braccia Resources Marian Grace Braccia (bio) The Generations War Comes to the Law Firm (article) Why We Mistake the Wholesomeness of Gen Z for Conservative (article)

    1時間12分

  5. 2025/09/16

    70. Getting Down to Business: Deposing the 30(b)(6) Witness, with Veronica Finkelstein

    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. Topics 4:23     What is a 30(b)(6) deposition?    7:11     Why all trial lawyers should know about 30(b)(6) depositions 9:40     How deposing 30(b)(6) witnesses is different 14:27    Meet-and-confer requirement about specifications 17:44    Drafting specifications 20:20    Benefit of taking 30(b)(6) depositions 23:57    Qualities of a desirable corporate designee 25:54    Designees and fact witnesses 29:21    Corporate counsel and deposing counsel preparations 35:40    Who represents the designee? 40:05    Nonresponsive or jerk designees 43:24    Things to be mindful of during examination 45:39    When interrogatories are preferable 46:56    Cases to know: QBE and Marker 49:42    Deposition Skills: Philadelphia 51:53    Sign-off questions Quote “This is one of the few times in litigation when you get to pick your witness, so pick somebody good. Don’t pick somebody who’s the CEO of the company who doesn’t have time to get educated. Don’t pick somebody in HR who’s been following the policies wrong for the last 20 years and you’re never gonna unteach. Pick somebody who’s gonna be a really good mouthpiece on behalf of the company who you can educate properly.” Veronica Finkelstein Resources Veronica Finkelstein (bio) J.C. Lore (bio) Deposition Skills: Philadelphia (program) NITA Women in Trial (program) QBE Ins. Corp. v. Jorda Enters. Inc. (case) Marker v. Union Fidelity Life Ins. Co. (case) Law 360 article (PDF)

    56分

  6. 2025/08/19

    69. Keep Calm and Depose On, with Whitney Untiedt

    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)

    1時間10分

  7. 2025/07/15

    68. I Feel for You: The Lawyer’s Occupational Hazard of Vicarious Trauma, with Prof. Angela Downes

    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. Topics 3:46    What is vicarious trauma?    4:15    Lawyers, vicarious trauma, and burnout 7:31    Indicators of vicarious trauma and getting support 15:49  How firms can help 17:40  Self-care strategies 27:55  ABA studies on lawyer stress 31:02  More strategies 35:09  Recognizing vicarious trauma in others 38:20  New generation attunement to wellness 40:24 Sign-off questions Quote “So many of us are defined by the work that we do, and we are more than that. We are more than just … being attorneys and counselors. Although it’s a big part of us, there are so many sides to what we do and who we are as people.” Professor Angela Downes Resources Professor Angela Downes (bio) NITA Women in Trial (program) Stress, Drink, Leave (article) ABA Profile of the Legal Profession (article) ABA Directory of Legal Assistance Programs (resource)

    44分

  8. 2025/06/17

    67. Eight Steps for Handling Deposition Exhibits, with John Farrell

    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 3:59  Asking questions before marking a document  5:35  When witnesses want to see a document first 7:48  Making deposition exhibits admissible at trial 8:30  Eight steps for handling exhibits: Step 1 9:36  Step 2 10:35  Step 3 12:08  Demonstrations of marking different documents 25:26  Step 4 , and helping the court reporter 27:59  Step 5, and the important question to ask your witness 29:12  Step 6, and two more important questions 32:15  Step 7 33:37  Step 8 35:35  Three-article series on depositions 37:23  Signoff questions Quote “‘Bears the word’ . . . is the safe phrase that judges like to hear.” John Farrell Resources John Farrell (bio) Deposition articles (1, 2, 3) Refreshing Recollection and Impeachment (article)

    41分
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番組について

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.

情報

  • クリエイター
    National Institute for Trial Advocacy
  • 配信期間
    19年 - 26年
  • エピソード
    74
  • 制限指定
    不適切な内容を含まない
  • Copyright
    © 2026 May the Record Reflect
  • 番組のWebサイト
    May the Record Reflect

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