May the Record Reflect

National Institute for Trial Advocacy
  • 4.4 (18)
  • Courses
  • Updated Bimonthly

May the Record Reflect is a skills-focused podcast for trial lawyers who want to get better at what really happens in the courtroom. Hosted by the National Institute for Trial Advocacy, each episode features experienced judges, advocates, and legal educators sharing practical guidance on trial advocacy, depositions, witness examination, oral communication, jury selection, and courtroom presence—along with ethics, professionalism, and lawyer well‑being. Whether you’re preparing for trial, handling high‑stakes hearings, or looking to sharpen your advocacy skills, May the Record Reflect delivers insights you can put to work right away.

  1. Sep 21

    82. Direct Impact, with Steve Wood

    It’s often said that a case is won — or lost — during direct examination. Former prosecutor Steve Wood explores why direct really comes down to effective storytelling, ways to organize your direct examination, and how to ask questions that not only elicit good answers but also help the trier of fact follow the narrative. He also touches on how to cut through the inevitable fog of boredom by introducing purposeful change into the courtroom environment.  Topics 2:44 Goals of direct examination 3:37 Why storytelling matters in direct 5:16 Storytelling elements 14:01 Breaking through the fog of boredom 23:11 Sequencing your questions 26:05 Using your voice 28:45 Organizing your direct 31:57 Accrediting the witness 36:18 Telling the story 41:17 Honesty and bad facts 44:24 Questioning the witness 47:02 Phrasing your questions 59:39 Word choice 1:02:00 Witness focus 1:05:51 Plain English 1:09:46 Tenacity 1:12:37 Runaway witnesses 1:16:36 Signoff question Quote “One of the things that happens in every trial is that there is a contest for credibility between the advocates. I don’t — and can’t — lose that contest. And if a jury hears something bad from the other side first, they might be thinking I was trying to hide something from them.” Steve Wood Resources Steve Wood (LinkedIn) Building Trial Skills: New Jersey (program) Top 10 Tips that Make a Difference (podcast episode) “Don’t Be Boring”: Creating Your Commanding Courtroom Presence (podcast episode) Cross-Examination: Do No Harm (free webcast)

  2. Aug 19

    81. Twelve Elements of Assertive Delivery, with Hon. Chris Whitten and Dr. Karen Lisko

    Whether you’re conducting a new client intake, deposing a witness, running a meeting on Zoom, or defending a client in the trial of their life, you must be an effective communicator. In this episode, Maricopa County Superior Court Judge Chris Whitten is joined by legal communications expert Dr. Karen Lisko to break down twelve communication attributes—six verbal and six nonverbal—that you can polish. All it takes is self-awareness and a little practice, and Dr. Lisko and Judge Witten tell you where to start.  Topics 5:43 Assertive versus aggressive communication styles 7:51  Adopt a conversational pace 10:34  Pause to punctuate your point 14:37  Replace Your Vocal Fillers 23:49  Amplify Your Volume 28:19  Reach Down for Your Deepest Natural Pitch 39:18  End with a Downward Inflection 40:54  Smile 48:10  Make “Kind Dynamite” Eye Contact 52:13 Literally Lean In 54:41 Use Hand Gestures Well 58:33 Have an Active Listening Face 1:00:26 Try “Hinging” Your Head Periodically 1:04:19 Signoff questions Quotes “One of the things that I often find when I deal with someone who lacks confidence is that when they do increase their volume, it has some byproduct advantages. And I can’t explain why from a social science perspective, but it I just keep seeing it, where when someone increases their volume, their face gets more animated, their eyes get brighter.” Dr. Karen Lisko “As a fact finder, when you don’t give me that pause, especially after important evidence comes in, I find myself thinking or having an internal dialogue about what that just meant. And I miss like half of what the next thing you say is. And so those pauses are just so, so welcome for me when I’m listening.” Hon. Chris Whitten Resources Hon. Chris Whitten (LinkedIn) Dr. Karen Lisko (bio) Twelve Essentials of Assertive Delivery (free download) Kind Dynamite (book) NITA Women in Trial (program) Advanced Trial Skills (program) Building Trial Skills: San Diego (program)

  3. Jul 21

    80. The Core Four: Opening, Direct, Cross, and Closing, with NITA Faculty

    Opening statement, direct and cross-examination, and closing argument are the most basic elements of advocacy that a trial lawyer must know. To announce that May the Record Reflect can now be heard on YouTube, we revisited the “Core Four” from our archives. NITA faculty members share their best insights and tips on these four critical competencies. Topics 4:00  Creating your opening statement 6:23  Workshopping the opening 8:38  Struggling with the right story 10:12  Engaging jurors’ imagination during opening 13:26  Using visual aids 16:47  Objections on openings 19:10  Making your case in direct examination 20:16  The challenges of direct 23:56  How to keep direct interesting 26:34  Humanizing a despicable witness 33:52  Fundamentals of a zinger on cross-examination 40:28  Preparation versus spur-of-the-moment 43:08  The challenges of cross 48:28  Women and cross 53:42  Your advantage in closing argument 55:54  When to start thinking about your closing 56:47  Using visual aids 57:45  Jury instructions 1:00:11 Closings for plaintiff versus defendant 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 Resources May the Record Reflect on YouTube (link) The Secrets of Opening Statements, with Brooke Latta (podcast episode) Direct Hit, with Mike Beckwith (podcast episode) The Tense Trio, with Hon. Amy Hanley and Cheryl Brown Wattley (podcast episode) Closing Time, with Luke Cass (podcast episode) NITA Women in Trial (program)

  4. Jun 16

    79. Ten Essential Tips for the Successful Trial Lawyer, with Hon. Sal Mungia

    Washington State Supreme Court Justice Sal Mungia shares essential tips for effective trial advocacy, emphasizing credibility, storytelling, and clear communication with jurors. He highlights the importance of authenticity, professionalism, and preparation—from mastering the rules of evidence to building rapport without relying on notes. Blending practical guidance with personal insight, Justice Mungia encourages trial lawyers to practice with integrity, show grace, and ultimately find purpose and enjoyment in their work. Topics 4:40 Never lose your credibility with the jury or judge 6:59 Tell a compelling, human-centered story 9:33 Speak plainly—avoid legalese and connect clearly 12:32 Professionalism matters—don’t be a jerk 15:39 Show grace, even in high-pressure litigation 19:26 Build rapport—don’t read from notes 21:46 Play by the rules—integrity defines success 23:24 Know the rules of evidence and procedure 25:41 Be yourself—authenticity resonates with juries 27:19 Have fun—find purpose and energy in trial work 28:59 Gaining trial experience 32:42 Signoff question Quote “Every time that I tried a case, I was thinking, ‘This is the best thing ever!’ I’m not kidding. ‘I am just eating this thing up. I’m loving this. This is my chance to be creative, to be able to tell my story, to represent my client, to use my wits to figure out whether I should object. If I do object, how do I make that argument? How do I use my exhibits?’ It’s just so much fun. And it’s so nerve-wracking when you’re waiting for the jury, right? That’s when it’s just ‘argh!’ tension-wise. But I always thought, “This was great. I can’t think of anything that I’d rather do.’” Hon. Sal Mungia Resources Hon. Sal Mungia (LinkedIn) Building Trial Skills and Deposition Skills: Seattle (programs) The Trial of the Chicago 7 (film) May the Record Reflect on YouTube (link)

  5. May 19

    78. Refreshing Recollection and Impeachment, with John Farrell

    In this episode, veteran trial lawyer John Farrell distinguishes between refreshing recollection and impeachment, two essential but sometimes conflated courtroom skills. Learn how to help your own witness recall facts on direct examination through refreshing recollection and how to effectively challenge an opposing witness on cross with a structured, high-impact impeachment technique. Packed with practical language and strategy (and a few demos along the way), this conversation offers clear guidance on when and how to deploy these important skills that every trial lawyer needs to master. Topics 3:13    Difference between refreshing recollection and impeachment 4:54    What’s wrong with “I don’t know” during examination 6:19    Using documents to refresh recollection 7:24    What’s wrong with “would” during refreshing recollection 8:41   Refreshing recollection demo 10:13 A crucial step to remember 13:21 The point of impeachment 14:37 Step 1 of impeaching by prior inconsistent statement 15:35 Demo 17:52 Why you should sound disappointed 18:50 Demo 19:20 Steps 2–6 23:21 Demo 27:21 Why impeachment better be worth the effort 30:05 Your tone through impeachment 33:16 Impeachment by omission 40:49 Consequences of a bad impeachment 41:56 Again, make impeachment worth your while 44:16 Signoff questions Quote “The reason [impeachment] is so important is that if you decide to impeach and you don’t do it correctly or successfully, the witness has just been told they can lie all the time on the stand. You’ve lost control. If you do it really well the first time, and the next time they go off message, they say something else different, and [the witness goes], “Well, no, that’s not right. It was Fact C.” And [you] go, “I don’t think so. Let's go to your depo transcript.” [The witness will] go, “Okay, fine, fine, it was C,” because they don’t want to go through that again. So I think it’s an important tool.” John Farrell Resources John Farrell (bio) Refreshing Recollection and Impeachment (article) Eight Steps for Handling Deposition Exhibits (podcast) Deposition articles (1, 2, 3)

  6. Apr 21

    77. Stay Thirsty, My Friends: The Argument for Lifelong Legal Learning, with Veronica Finkelstein and Marisa Rauscher

    Wilmington Law Associate Professor of Law Veronica Finkelstein and law student Dr. Marisa Rauscher discuss what it takes to become an exceptional litigator, from growing your essential hard and soft skills to unconventional ways of developing them, and transforming your personal values into a professional brand. They also explore why maintaining a beginner’s mind — curiosity that never quits — is critical at every stage of a rewarding legal career and recommend their favorite law-related social content that helps them do just that. Topics 5:24  Why to teach, and why to learn, law 7:60  Lacking skills out of law school 10:01 Various toolkits for trial lawyers  13:39 What new lawyers should focus on 15:37 Importance of writing and motion practice skills 18:28 Going to trial: present and future 27:35 Professional branding and marketing yourself as a lawyer 33:40 Informal CLE through social media 36:17 Younger lawyers have an advantage 45:35 Signoff question Quotes “Being an attorney means having a holistic set of skills. A lot of those skills are variations on each other, so the same skill that will serve you well at that Rule 16 conference, when you meet the judge and opposing counsel for the very first time, is an analog of a skill that you would want to have at trial.” Veronica Finkelstein “Great minds and well-intentioned people have tried to establish rules to play by, that serve all in a just fashion, and I want to be in that game, I really do. I want to know the law, I want to use the law for good, and I also want to cultivate the soft and hard skills of lawyering so that my advocacy rests on a strong foundation of excellence. That’s the goal. Know more, do more.” Marisa Rauscher Resources Veronica Finkelstein (LinkedIn) Marisa Rauscher (LinkedIn) Veronica in studio71 (podcast, podcast, webcast) Additional Advocacy Skills (program calendar) Law-related podcasts, vlogs, and YouTubes (PDF)

  7. Mar 24

    76. Storytelling for Defense Lawyers, with David Mann

    Finding the right storytelling angle can be challenge for any trial lawyer, but for those advocating on the right-hand side of the v, it’s often even more so. In representing clients jurors may not automatically find sympathetic, defense counsel must express empathy for harms the plaintiff has suffered without admitting to their liability and present technical data that is critical to their client’s defense but wearisome for fact finders to follow. Good narrative technique can help, and in this episode, legal storytelling specialist David Mann shares the insights he’s gain in over a decade of working with trial lawyers to develop winning case stories.  Topics 4:01  Changing defense landscape 7:20  Plaintiff’s automatic emotional hook 9:54  Humanizing the defense client 12:13  Importance of storytelling 17:34 Observing versus opining 20:31  Going granular 24:38  Being engaging and persuasive 28:12  Check your blind spots 30:26 Persuasive presence and turning facts into a story 35:03  Signoff question Quote “[Defense lawyers] need to be good storytellers, and they are just beginning to see how important that is and how they are now losing where they used to win. They’re also seeing the nuclear verdict problem. So juries are awarding tens of millions and even hundreds of millions of dollars in cases that just a few years ago that would have been unheard of. And now it’s getting to be more and more regular. So that that’s how high the stakes are for the defense.” David Mann Resources David Mann (bio) Turning Facts into a Story (May, November) Persuasive Presence (October) Building Trial Skills: New Orleans (program) The Secrets of Persuasive Legal Storytelling (podcast episode) Engaging the Jury in the First Two Minutes (free webcast) NYT 10-Minute Challenge (gift article)

  8. Feb 18

    75. Prep for Success: Controlling Your Witness through Thorough Preparation, with Tom Innes and Mary DeFusco

    According to Philadelphia trial lawyers Tom Innes and Mary DeFusco, preparing your witness for testimony is a bit like training a guide dog: the real work happens long before the leash comes off. In this episode, Tom and Mary talk about how to create control in ever-important prep sessions prior to testimony—and they share hands-on, practical tips that will help your witness give their testimony while staying cool and collected, on track, and under control.   Topics 4:04  Why preparation is the first step 5:38  Deposing Dr. King on The Pitt 8:11  Your witness’s role   10:30  Organization of testimony, explained 11:50  Under pressure 13:50  Cross prep 15:33  Practice pointers 19:13  Ethical considerations 23:02  Signoff questions Quotes “Practice having the witness speak to the jury both on direct and cross. Speak to the jury—even if all you can do is set up some empty chairs as a jury box.” Tom Innes “It’s a really bad look in front of a jury when the witness answers every question promptly on direct but then very slowly on cross.” Mary DeFusco Resources Tom Innes (bio) Mary DeFusco (bio) Judge L. Felipe Restrepo (bio) Building Trial Skills: Philadelphia (program) Cross-Examination Math (podcast episode)

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4.4
out of 5
18 Ratings

About

May the Record Reflect is a skills-focused podcast for trial lawyers who want to get better at what really happens in the courtroom. Hosted by the National Institute for Trial Advocacy, each episode features experienced judges, advocates, and legal educators sharing practical guidance on trial advocacy, depositions, witness examination, oral communication, jury selection, and courtroom presence—along with ethics, professionalism, and lawyer well‑being. Whether you’re preparing for trial, handling high‑stakes hearings, or looking to sharpen your advocacy skills, May the Record Reflect delivers insights you can put to work right away.

Information

  • Creator
    National Institute for Trial Advocacy
  • Years Active
    2019 - 2026
  • Episodes
    82
  • Rating
    Clean
  • Copyright
    © 2026 May the Record Reflect
  • Show Website
    May the Record Reflect

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