May the Record Reflect

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 c

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 Reco

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

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.

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

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 represen

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 be

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 t

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 a

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

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 as

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 curr

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 st

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

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 e

66. Representing Survivors of the "Hidden Crime," with Barbara Barron

Content Warning: This episode discusses, in non-graphic terms, representing intimate partner violence survivors.  Being a trial lawyer is one of the toughest, most deman

65. Emergency Advocacy, with Judge Mark Drummond

For trial lawyers, “advocacy in a hurry” — injunctions, bail hearings, requests for orders of protection, emergency custody petitions, or immigration orders — calls for m

64. Breaking the Ice: Voir Dire Tips and Tactics, with Judge Cynthia McCollum

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

63. Effective Oral Communication, with Mark Caldwell

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 courtroo

62. Cross-Examination Math: Less is More, More is Less, with Tom Innes

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 t