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,…
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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…
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…
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…
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…
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…
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…
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 their case. But dealing with experts is an expert technique in itself, so in this episode NITA Program Director Gene Tanaka breaks down the battle-tested process that has brought him success. First, he lays out the standards for…
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 and defending depositions in private practice and teaching the craft for over 30 years. In a reprise of one of May the Record Reflect 's most popular episodes, he’s here to share how to kick things off the right way—from setting…
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 for the Indiana Court of Appeals, reveals how posture and breath can transform your voice into a powerful advocacy tool. From mastering vocal control to learning a little Italian, this conversation will help you speak with…
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 associates just starting out, the generational diversity in today’s legal workforce is unprecedented. In this episode, Professor Marian Braccia of Temple University Beasley School of Law discusses how generational identity…