May the Record Reflect
Episodes
77. Stay Thirsty, My Friends: The Argument for Lifelong Legal Learning, with Veronica Finkelstein and Marisa Rauscher
21 Apr 2026
Contributed by Lukas
Wilmington Law Associate Professor of Law Veronica Finkelstein and law student Dr. Marisa Rauscher discuss what it takes to become an exceptional liti...
76. Storytelling for Defense Lawyers, with David Mann
24 Mar 2026
Contributed by Lukas
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 eve...
75. Prep for Success: Controlling Your Witness through Thorough Preparation, with Tom Innes and Mary DeFusco
18 Feb 2026
Contributed by Lukas
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 ...
74. Handling Experts at Trial: Can't Live With Them, Can't Live Without Them, with Gene Tanaka
20 Jan 2026
Contributed by Lukas
From forensics to financials and the medical to the technical, trial lawyers rely on expert witnesses to help fact finders understand complicated conc...
73. Depositions Done Right, with Carl Chamberlin
16 Dec 2025
Contributed by Lukas
With most cases settling before trial, depositions have become the real battleground—and few people know that better than Carl Chamberlin. Carl has ...
72. The Vocal Edge: An Opera Singers Secrets for Trial Lawyers, with Anne Fuchs
18 Nov 2025
Contributed by Lukas
Opera and the courtroom might seem worlds apart—but they share a similar stagecraft. In this episode, Anne Fuchs, professional opera singer and Dire...
71. Mind the Gap: Generations in Trial Practice, with Professor Marian Braccia
21 Oct 2025
Contributed by Lukas
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 70...
70. Getting Down to Business: Deposing the 30(b)(6) Witness, with Veronica Finkelstein
16 Sep 2025
Contributed by Lukas
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 ...
69. Keep Calm and Depose On, with Whitney Untiedt
19 Aug 2025
Contributed by Lukas
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 ...
68. I Feel for You: The Lawyer’s Occupational Hazard of Vicarious Trauma, with Prof. Angela Downes
15 Jul 2025
Contributed by Lukas
Long hours, heavy caseloads, high stakes—such is the modern trial practice. But when lawyers represent survivors of violent or traumatic incidents, ...
67. Eight Steps for Handling Deposition Exhibits, with John Farrell
17 Jun 2025
Contributed by Lukas
Depositions are a key building block in legal disputes, especially for cases that proceed to trial. According to veteran trial lawyer John Farrell, pr...
66. Representing Survivors of the "Hidden Crime," with Barbara Barron
20 May 2025
Contributed by Lukas
Content Warning: This episode discusses, in non-graphic terms, representing intimate partner violence survivors. Being a trial lawyer is one of the t...
65. Emergency Advocacy, with Judge Mark Drummond
15 Apr 2025
Contributed by Lukas
For trial lawyers, “advocacy in a hurry” — injunctions, bail hearings, requests for orders of protection, emergency custody petitions, or immigr...
64. Breaking the Ice: Voir Dire Tips and Tactics, with Judge Cynthia McCollum
18 Mar 2025
Contributed by Lukas
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,...
63. Effective Oral Communication, with Mark Caldwell
19 Feb 2025
Contributed by Lukas
NITA Program Director and former Resource Director Mark Caldwell joins the podcast to chat about how to effectively communicate with the various audie...
62. Cross-Examination Math: Less is More, More is Less, with Tom Innes
14 Jan 2025
Contributed by Lukas
In Episode 62, Philadelphia trial lawyer and NITA Program Director Tom Innes introduces listeners to cross-examination math and how the idea of “les...
61. "Don't Be Boring": Creating Your Commanding Courtroom Presence, with Steve Wood and Laurie Gilbertson
20 Dec 2024
Contributed by Lukas
In 2021, former prosecutor Steve Wood told May the Record Reflect that to grow as a trial advocate, he had to accept that he is “insufferably boring...
60. Demystifying Depositions, with Jason Young
19 Nov 2024
Contributed by Lukas
In this rebroadcast of our 2022 interview, we gather all sorts of admissions—about depositions—from NITA NextGen alumni Jason Young. After taking ...
59. At Your Service: Developing as an Advocate through Pro Bono Work, with Angela Vigil and Henry Su
23 Oct 2024
Contributed by Lukas
The wish to leave the world a better place has long inspired people to attend law school and make a difference in the important ways only trial lawyer...
58. It’s Greek to Me Ancient Rhetoric for Trial Lawyers, with Marian Grace Braccia
10 Sep 2024
Contributed by Lukas
When people hear the term “rhetoric,” they often think of words full of sound and fury signifying nothing. Yet that is a woeful misunderstanding o...
57. 10 Things You Should Know about Trial Psychology
13 Aug 2024
Contributed by Lukas
Some of the most important heads to get into are those of the jurors seated for your trial. Fortunately, figuring out what makes people tick is both i...
56. She Blinded Me with Science, with Judge Ruth McMullin
16 Jul 2024
Contributed by Lukas
If you’ve ever been baffled by scientific, technological, or financial evidence in your case or wondered how an expert witness arrived at their conc...
55. Tell It to the Judge, with Judge Randall Warner and Judge Christopher Whitten
11 Jun 2024
Contributed by Lukas
Maricopa County Superior Court Judges Randall Warner and Christopher Whitten team up to talk about telling stories to judges. In this episode, the jud...
54. Are You in Control Getting Real about Witnesses, with Judge Amy Hanley and Adrienne Johnson
14 May 2024
Contributed by Lukas
You've probably heard that in direct examination, controlling your witness is all about witness prep, while in cross, leading questions are the k...
53. Preparing Your Witness for the Effective Deposition, with Carl Chamberlin and Whitney Untiedt
09 Apr 2024
Contributed by Lukas
In our second interview on The Effective Deposition, Program Director and author Carl Chamberlin returns to the podcast to talk about witness preparat...
52. Let's "Speak the Truth" about Voir Dire, with Adam Kendall
12 Mar 2024
Contributed by Lukas
Content warning: Mentions of sexual assault. Brief, non-graphic discussions of questioning the venire about sexual assault occur at 32:20–32:59 and ...
51. Depositions: Asked and Answered, with Veronica Finkelstein
13 Feb 2024
Contributed by Lukas
Taking a deposition presents enough challenge as it is without the interference of obstreperous or obstructive counsel, yet it happens anyway and you ...
50. Persuasion is an Inside Job, with Dominic Gianna
09 Jan 2024
Contributed by Lukas
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 ...
49. Justice at Trial, with James Brosnahan
12 Dec 2023
Contributed by Lukas
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 tru...
48. That's Appealing, with Judge Randall Warner
07 Nov 2023
Contributed by Lukas
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 wa...
47. Beginning the Effective Deposition, with Carl Chamberlin
11 Oct 2023
Contributed by Lukas
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 experien...
46. The Secrets of Opening Statements, with Brooke Latta
12 Sep 2023
Contributed by Lukas
Content Warning: A brief, non-graphic mention of a sex crime case occurring from 29:34 to 30:49.Everyone likes to start off on the right foot, and you...
45. Courtroom Demeanor, with Shareema Abel
08 Aug 2023
Contributed by Lukas
Without a doubt, knowing your client’s case up one side and down the other and understanding and applying the law are critical to your chances of pr...
44. Unscripted Redirect, with Justin Bernstein and Spencer Pahlke
11 Jul 2023
Contributed by Lukas
NITA Education Director Rhani Lott Choi returns to May the Record Reflect, this time as guest host, to interview trial competition coaches Justin Bern...
43. Can I Get a Witness?, with Hon. Chris Whitten
13 Jun 2023
Contributed by Lukas
You may see depositions as your golden opportunity to preserve testimony, elicit admissions, and test theories—but for your witness, depositions are...
42. Direct Neglect Where Is the Love, with Hon. Amy Hanley and Dennericka Brooks
09 May 2023
Contributed by Lukas
How many of us cue up the “sad trombone” every time we think of doing direct examination? Direct is renowned for being a boring slog through facts...
41. Slipstreams and Wormholes, with Rhani Lott Choi
11 Apr 2023
Contributed by Lukas
The profession of trial lawyering has a steep, intense learning curve requiring years of practice (and “practice”) before you begin to feel like y...
40. The Resilient Lawyer, with Henry Su
14 Mar 2023
Contributed by Lukas
Being a trial lawyer is a challenging job even apart from the actual, technical work of lawyering in the courtroom. Legal advocacy often places emotio...
39: Off Broadway and Into Court, with Kevin Newbury and Kate Douglas
14 Feb 2023
Contributed by Lukas
Theatre wunderkinds and storytelling specialists Kevin Newbury and Kate Douglas join the podcast to tell stories about telling stories. Kevin and Kate...
38. Trial Practice Resolutions for the New Year, with Steve Wood
10 Jan 2023
Contributed by Lukas
If you’re looking for some resolutions for improving as a trial lawyer, let veteran prosecutor Steve Wood be your guide. In this episode (originally...
37. Explicit Bias and the Jury Box, with Raam Wong
14 Dec 2022
Contributed by Lukas
Something that concerns trial lawyers more than ever is seating a juror with intractable explicit biases or who believes in conspiracy theories. King ...
36. I’ll Be the Judge of That: Best Advice from NITA’s Judges
08 Nov 2022
Contributed by Lukas
This month’s episode features advice and observations from some of NITA’s top judges, who serve as faculty, presenters, and board members. They sh...
35. The Great Pretender, with Judge Ruth Rocker McMullin
11 Oct 2022
Contributed by Lukas
Imposter syndrome is a common phenomenon among lawyers, often starting in law school, where self-doubt about your spot among so many wunderkinds can s...
34. Upon Further Examination, with Rhani Lott Choi and Kate Sandlin
16 Sep 2022
Contributed by Lukas
The spontaneity of cross-examination and impeachment often intimidates lawyers early in their trial career. NITA Education Director Rhani Lott Choi an...
33. The Secrets of Persuasive Legal Storytelling
09 Aug 2022
Contributed by Lukas
Legal communications specialist David Mann joins the podcast to encourage listeners become masters of persuasion through storytelling. In this episode...
32. The Tense Trio, with Judge Amy Hanley and Cheryl Brown Wattley
19 Jul 2022
Contributed by Lukas
Kansas District Court Judge Amy Hanley is joined by UNT Dallas College of Law Professor Cheryl Brown Wattley for a lively discussion of “the tense t...
31. Goliath Hits Back, with Judge Nancy Gertner and Reuben Guttman
14 Jun 2022
Contributed by Lukas
Retired federal judge Nancy Gertner and class action lawyer Reuben Guttman discuss the impact of Twombly and Iqbal, two SCOTUS decisions that precipit...
30. Your Courtroom Comeback, with Carol Sowers
02 May 2022
Contributed by Lukas
As social distancing and K95s finally become visible in the rearview mirror, communications expert Carol Sowers returns to the podcast to coach listen...
29. Gathering Admissions, with Jason Young
31 Mar 2022
Contributed by Lukas
In Episode 29 of May the Record Reflect, we gather all sorts of admissions—about depositions—from NITA NextGen alumni faculty member Jason Young. ...
28. Give ‘em the Ol’ Razzle Dazzle, with Dominic Gianna
01 Mar 2022
Contributed by Lukas
In Episode 28 of May the Record Reflect, New Orleans trial legend Dominic Gianna introduces the concept of “audience-centric advocacy” and how to ...
27. Closing Time, with Luke Cass
08 Feb 2022
Contributed by Lukas
In Episode 27 of May the Record Reflect, former federal prosecutor Luke Cass slides into the hot seat to answer questions about closing arguments. He ...
26. Direct Hit, with Mike Beckwith
04 Jan 2022
Contributed by Lukas
26. Direct Hit, with Mike Beckwith In Episode 26 of May the Record Reflect, we’re joined by trial veteran Mike Beckwith to talk about one of the fo...
25: Best of 2021
07 Dec 2021
Contributed by Lukas
In Episode 25 of May the Record Reflect, we take a listen to the best tips we heard from each episode in 2021. To hear the full episodes from which ea...
24: Tips and Tales, with Legal Legend Dick Harpootlian
02 Nov 2021
Contributed by Lukas
In Episode 24 of May the Record Reflect, we’re joined by legendary American trial lawyer Dick Harpootlian. He takes a moment out from representing A...
23. My Landmark SCOTUS Case with Jo Carol LaFleur Nesset-Sale
11 Oct 2021
Contributed by Lukas
In Episode 23 of the podcast, we’re joined by Jo Carol Nesset-Sale, who as a young woman brought forth a pregnancy discrimination lawsuit that found...
22. Pretrial Advocacy, with Reuben Guttman and J.C. Lore
07 Sep 2021
Contributed by Lukas
In Episode 22 of May the Record Reflect, Reuben Guttman and J.C. Lore discuss their new book, Pretrial Advocacy, and why modern litigation practices n...
21: Top 10 Trial Tips that Make a Difference, with Steve Wood
03 Aug 2021
Contributed by Lukas
In Episode 21 of May the Record Reflect, veteran prosecutor Steve Wood joins us to share his ten favorite trial tips. He also talks about what he reme...
20: Trial Style and Courtroom Confidence, with Judith Gaton
06 Jul 2021
Contributed by Lukas
In Episode 20 of May the Record Reflect, trial lawyer and wardrobe consultation Judith Gaton joins us to explain why style matters in the courtroom an...
19: Upleveling Your Oral Advocacy Skills, with Hon. Nancy Vaidik and Rebecca Diaz-Bonilla
01 Jun 2021
Contributed by Lukas
In Episode 19 of May the Record Reflect, Judge Nancy Vaidik of the Indiana Court of Appeals and international communications consultant Rebecca Diaz-B...
18: Now Presenting: Why You Need a Trial Tech to Run the Show, with Shannon Bales and Alicia Aquino
04 May 2021
Contributed by Lukas
In Episode 18 of “May the Record Reflect,” we’re talking about something that’s all too often an afterthought when a case goes to trial: the e...
17: Can You Hack It? Protecting Electronic Client Data, with Helen Geib and BJ Moore
06 Apr 2021
Contributed by Lukas
In Episode 17 of “May the Record Reflect,” we’re talking about cybersecurity for law firms: why it’s important, how to prevent hackers from ac...
16. 50 Tips for 50 Years, Part 2
02 Mar 2021
Contributed by Lukas
In this episode of May the Record Reflect, we continue our 50th anniversary celebration by picking up where we left off in Episode 15. Part II of this...
15: 50 Tips for 50 Years, Part 1
09 Feb 2021
Contributed by Lukas
2021 marks fifty years of the National Institute for Trial Advocacy as the nation’s go-to gold standard in All Things Advocacy. Here on the podcast,...
14. Paper Chase, with Marc Miller and Allison Regan
08 Jan 2021
Contributed by Lukas
In Episode 14 of “May the Record Reflect,” we gather insight on how to start your legal career against a daunting backdrop of covid, layoffs, and ...
13. One on One on One, with Judge Mark Drummond and Carol Sowers
03 Nov 2020
Contributed by Lukas
In Episode 13 of “May the Record Reflect,” communications specialist Carol Sowers returns, bringing Judge Mark Drummond with her, to talk about me...
12. Career Development in the Time of COVID, with Amy Hancock and Tim Henderson
06 Oct 2020
Contributed by Lukas
In Episode 12 of “May the Record Reflect,” we get tools, tips, and resources that will help you keep up momentum in your legal career development....
11. Women in Law, with Judge Alia Moses and Nicole Westbrook
01 Sep 2020
Contributed by Lukas
In Episode 11 of the podcast, we discuss issues that women face as legal practitioners. Guests Judge Alia Moses and civil litigator Nicole Westbrook t...
10: Taking Trials in Stride, with Mental Performance Coach Will Murray
04 Aug 2020
Contributed by Lukas
In Episode 10, Boulder, Colorado-based coach Will Murray shares how trial lawyers can take the techniques of triathlon performance and endurance train...
9. The Other “Bar” Association: Alcoholism in the Legal Community, with DeAnna Crosby
07 Jul 2020
Contributed by Lukas
A joint ABA/Hazelden study in 2016 found significant rates of anxiety, depression, suicide, alcoholism, and addiction among licensed, employed lawyers...
8. Best Practices for Remote Hearings, with Judge Amy Hanley and Reuben Guttman
03 Jun 2020
Contributed by Lukas
In Episode 8 of the podcast, we are joined by Kansas District Court Judge Amy Hanley and D.C. civil litigator Reuben Guttman to talk about how to get ...
7. The Write Stuff with Catharine DuBois
05 May 2020
Contributed by Lukas
In Episode 7 of May the Record Reflect, we’re joined by Brooklyn Law School Assistant Professor of Legal Writing Catharine DuBois. Catharine serves ...
6. Serenity Now: Carol Sowers Being Poised in the Courtroom
06 Apr 2020
Contributed by Lukas
In Episode 6 of the podcast, former tv news anchor Carol Sowers shares her tips for becoming more at ease in the physical side of your courtroom perfo...
5. Rebecca Diaz-Bonilla’s “Foolproof” Tips for Professional Communication
03 Mar 2020
Contributed by Lukas
In Episode 5 of the podcast, we are joined by international communications expert Rebecca Diaz-Bonilla. Rebecca got her start as a theatre major in co...
4. What’s Love Got to Do with It? Stephanie Ledesma Knows
17 Oct 2019
Contributed by Lukas
In Episode 4, we wrap up this week’s National Celebration of Pro Bono by talking to Stephanie Ledesma. Stephanie is the Associate Dean of the Thurgo...
3. Here Comes the Judge—Robert McGahey
17 Oct 2019
Contributed by Lukas
In Episode 3, Judge Robert McGahey chats with us about the importance of public service during this week’s National Celebration of Pro Bono. Judge M...
2. Whitney Untiedt Puts the “Pro” in Pro Bono
17 Oct 2019
Contributed by Lukas
In Episode 2 of NITA’s recognition of the National Celebration of Pro Bono here on the podcast, we are joined by Whitney Untiedt. Whitney is an atto...
1. The “Deets” on the National Celebration of Pro Bono
16 Oct 2019
Contributed by Lukas
In today’s inaugural episode of May the Record Reflect, we introduce you to NITA’s new podcast by talking to Annie Deets, one of NITA’s 100+ hou...