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May the Record Reflect: Daily Summaries Delivered
by National Institute for Trial Advocacy
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.
Latest Episodes
The most recent episodes — sign up to get AI-powered summaries of each one.
- 2 weeks ago1h 2m
83. Just Tell Me What You Want Tips for Successful Motion Practice, with Hon. Matt Williams
A successful motion argument starts with credibility: earn the judge’s trust through preparation, candor, accuracy, and a clear understanding of the relief you’re seeking. Judge Matt Williams offers practical strategies for making persuasive arguments, from leading with what you want and focusing on the strongest facts to knowing your judge, respecting the court’s time, and addressing weaknesses strategically. He also explores how lawyers can use AI to test arguments while safeguarding client...
- Sep 21, 20261h 20m
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 examin...
- Aug 19, 20261h 12m
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...
- Jul 21, 20261h 4m
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 Eng...
- Jun 16, 202634 min
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 purpos...
- May 19, 202649 min
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 g...
- Apr 21, 202651 min
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 soci...
- Mar 24, 202638 min
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 ...
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About May the Record Reflect
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.
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