52本のエピソード

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.

May the Record Reflect National Institute for Trial Advocacy

    • 教育

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.

    52. Let's "Speak the Truth" about Voir Dire, with Adam Kendall

    52. Let's "Speak the Truth" about Voir Dire, with Adam Kendall

    Content warning: Mentions of sexual assault. Brief, non-graphic discussions of questioning the venire about sexual assault occur at 32:20–32:59 and 42:25–44:34.
    Experienced trial lawyers are accustomed to being the ones asking 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.

    Topics
    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)

    Not Just for Trial! How to Use Exhibits from Day One (Register for Adam's live webcast on March 26, 2024)

    • 50分
    51. Depositions: Asked and Answered, with Veronica Finkelstein

    51. Depositions: Asked and Answered, with Veronica Finkelstein

    Taking a deposition presents enough challenge as it is without the interference of obstreperous or obstructive counsel, yet it happens anyway and you must be prepared to deal with it. Following her appearance on a NITA panel webcast on 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.

    Topics
    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)

    • 1 時間
    50. Persuasion is an Inside Job, with Dominic Gianna

    50. Persuasion is an Inside Job, with Dominic Gianna

    Cognitive bias is a barrier that lawyers must overcome in court—and it’s not just biases of the jurors they must consider, but those, too, of the judge, opposing counsel, expert witnesses, and even one’s own self. New Orleans trial legend 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. 

    Topics
    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)

    • 1 時間2分
    49. Justice at Trial, with James Brosnahan

    49. Justice at Trial, with James Brosnahan

    Many a young idealist register for law school with visions of Atticus Finch dancing in their heads, but only the rarest few have those dreams come true. NITA Trustee Emeritus and national treasure James Brosnahan is among them. In Episode 49, 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. 

    4:28   Voice quality videos on LinkedIn
    9:05   Evaluating your own voice quality
    11:25 Tempo
    17:22 Volume
    20:53 Tone and mood
    25:16 Warmup exercises
    28:20 Emphasis and emotion
    30:06 Speech harmonizing and collecting voices
    35:15 Favorite voices
    37:05 Clarity
    42:59 Pauses
    41:57 Arguing before SCOTUS
    52:04 Interrogation by Orrin Hatch
    56:21 Controversial representations
    1:00:16 Defending the Constitution
    1:03:35 Speaking truth to power
    1:07:29 Boston Irish and the Kennedy agenda
    1:14:39 What Jim has learned at NITA
    1:19:03 Signoff questions
    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)

    • 1 時間21分
    48. That's Appealing, with Judge Randall Warner

    48. That's Appealing, with Judge Randall Warner

    Every trial advocate enters the courtroom hoping for a “one and done” decision that favors their client. But appeals do happen, and if you’re waiting until the verdict is read before you start thinking about what comes next, you’re already 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.

    Topics
    3:35   Different considerations for different trials
    5:10   Common mistakes
    6:13   Basics of appeals
    8:59   Reverse-engineering your case
    10:24 Appellate specialist on the trial team
    11:22 Good appeal issues
    13:00 Bundling your issues
    14:10 Poor appeal issues
    15:06 Pretrial preservation considerations
    16:11 Motions in limine}
    17:52 Bench memoranda
    19:57 Preservation at trial
    22:20 Objections and evidence
    26:16 Staying in the judge’s good graces
    27:17 Jury instructions
    31:22 Verdict forms
    38:49 Damages
    40:38 Bench memorandum for jury instructions
    42:12 Motion to acquit
    45:26 Career advice to younger self
    46:33 Signoff questions 
    Quote
    “I’m a fan of bundling issues. So, for example, if you’ve got one issue that’s a sufficiency of evidence issue and another that’s a jury instruction issue and a third issue that’s an evidentiary objection or a couple evidentiary objections, and they all point to the same wrong result, those issues — independent of what the standard of review may be on any one of them — kind of work together to create an argument for prejudice for the case overall.” Judge Randall Warner
    Resources
    Judge Randall Warner (bio)
    “All Mixed Up about Statutes: Distinguishing Interpretation from Application” (article)
    “All Mixed Up about Mixed Questions” (article)
    “Efficiency in Motion” (article)

    • 51分
    47. Beginning the Effective Deposition, with Carl Chamberlin

    47. Beginning the Effective Deposition, with Carl Chamberlin

    At a time when more cases settle than go to trial, the deposition has become of utmost significance. Our guest Carl Chamberlin draws upon his experience taking and defending depositions in private practice as well as teaching deposition skills 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. 

    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)
    NITA Publications (book)

    • 1 時間26分

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