May the Record Reflect

Hosted by National Institute for Trial Advocacy

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Jun 2026

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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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60 recent

June 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 purpose and enjoyment in their work.Topics4:40 Never lose your credibility with the jury or judge6:59 Tell a compelling, human-centered story9:33 Speak plainly—avoid legalese and connect clearly12:32 Professionalism matters—don’t be a jerk15:39 Show grace, even in high-pressure litigation19:26 Build rapport—don’t read from notes21:46 Play by the rules—integrity defines success23:24 Know the rules of evidence and procedure25:41 Be yourself—authenticity resonates with juries27:19 Have fun—find purpose and energy in trial work28:59 Gaining trial experience32:42 Signoff questionQuote“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 MungiaResourcesHon. 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)

May 19, 2026Episode 7849 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 guidance on when and how to deploy these important skills that every trial lawyer needs to master.Topics3:13 Difference between refreshing recollection and impeachment 4:54 What’s wrong with “I don’t know” during examination6:19 Using documents to refresh recollection7:24 What’s wrong with “would” during refreshing recollection8:41 Refreshing recollection demo10:13 A crucial step to remember13:21 The point of impeachment14:37 Step 1 of impeaching by prior inconsistent statement15:35 Demo17:52 Why you should sound disappointed18:50 Demo19:20 Steps 2–623:21 Demo27:21 Why impeachment better be worth the effort30:05 Your tone through impeachment33:16 Impeachment by omission40:49 Consequences of a bad impeachment41:56 Again, make impeachment worth your while44:16 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 FarrellResourcesJohn Farrell (bio)Refreshing Recollection and Impeachment (article)Eight Steps for Handling Deposition Exhibits (podcast)Deposition articles (1, 2, 3)

April 21, 2026Episode 7751 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 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 school10:01 Various toolkits for trial lawyers 13:39 What new lawyers should focus on15:37 Importance of writing and motion practice skills18:28 Going to trial: present and future27:35 Professional branding and marketing yourself as a lawyer33:40 Informal CLE through social media36:17 Younger lawyers have an advantage45:35 Signoff questionQuotes“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 RauscherResourcesVeronica Finkelstein (LinkedIn)Marisa Rauscher (LinkedIn)Veronica in studio71 (podcast, podcast, webcast)Additional Advocacy Skills (program calendar)Law-related podcasts, vlogs, and YouTubes (PDF)

March 24, 2026Episode 7638 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 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 storytelling17:34 Observing versus opining20:31 Going granular24:38 Being engaging and persuasive28:12 Check your blind spots30:26 Persuasive presence and turning facts into a story35:03 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 MannResourcesDavid 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)

February 18, 2026Episode 7530 min

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. Topics4:04 Why preparation is the first step5:38 Deposing Dr. King on The Pitt8:11 Your witness’s role 10:30 Organization of testimony, explained11:50 Under pressure13:50 Cross prep15:33 Practice pointers19:13 Ethical considerations23:02 Signoff questionsQuotes“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 DeFuscoResourcesTom Innes (bio)Mary DeFusco (bio)Judge L. Felipe Restrepo (bio)Building Trial Skills: Philadelphia (program)Cross-Examination Math (podcast episode)

January 20, 2026Episode 7445 min

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 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 expert testimony and traps to avoid, then shares steps for direct examinations, issues in cross, and persuasive techniques. Topics04:20 Why experts are important05:54 Breadth of expert opinions07:24 Expert traps11:44 Standards for expert testimony 15:28 Five steps for direct examination: Introduction and teaser17:48 Qualifications20:10 Red flags in an expert’s background21:28 Opinion25:24 Basis for opinion27:39 Difference of experts’ opinions28:50 Conclusion30:19 Persuasive techniques34:10 Conducting cross42:06 Signoff questionsQuote“One of the things that we [attorneys] often do is we rely too much on credentials. We look at an expert and we think, ‘Well, this person has this certification and this level of education, and therefore they must be better than the other person who doesn’t have that.’ But you know, a lot that is just lost on everybody – the trier of fact. They can’t tell the difference between one credential or the other. But what they can tell the difference is whether someone is likeable and whether they’re understandable.” Gene TanakaResourcesGene Tanaka (LinkedIn)Expert Testimony slides (PPT)Modern Trial Advocacy: Analysis and Practice (book)Federal Rules of Evidence with Objections: As Amended to December 1, 2023 (book)Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them (book)Effective Expert Testimony (book)

December 16, 2025Episode 731 hr 26 min

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 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 the stage with introductory matters to navigating preliminary and substantive questions. Topics3:22 The purpose of depositions6:20 Difference between gathering information and obtaining information10:38 Why depositions are important12:30 Physical settings for remote depositions14:15 The “usual stipulations”17:20 Getting commitments21:27 Commitments in remote depositions24:42 Preliminary questions29:51 Structure of substantive questioning33:30 First demo36:57 Key phrases for asking open-ended questions38:25 And ones to avoid43:01 Drilling down into a substantive topic44:18 Second demo1:04:19 Paying attention and listening1:06:40 Using exhibits1:10:15 Dealing with interruptions1:13:56 Carl’s early depositions1:16:53 The Effective Deposition1:21:36 Signoff questionsQuote“We want to make our questions clear and concise. Simple. The clearer the question, the better the answer. The fewer the objections, the more powerful it is.” Carl ChamberlinResourcesCarl Chamberlin (LinkedIn)The Effective Deposition, Sixth Edition (book)

November 18, 2025Episode 721 hr 6 min

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 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 confidence and command attention when it matters most.Topics02:30 Why vocal quality matters04:03 Assessing your voice and why we hate the sound of it07:13 Transatlantic accent08:34 Introverts and extroverts, and skills 13:42 La Postura21:16 Appoggio33:05 Legato41:26 Chiaroscuro39:41 Nasality and vocal fry50:20 Opera and the appellate court55:23 Signoff questions Quote“Confidence is a skill set. It is not a personality trait. And so as much as it might feel like, Wow, that big, loud, bombastic person with that amazing trial experience, and Look at how he just commands the courtroom with that voice—that may be something that’s inherent to him. It may be something that he learned. But it is 100% true that every single person can learn how to use their voice more confidently and more effectively, without being an extrovert, without it being something that just came to them naturally. There are specific skills you can learn, and anybody can do it.” Anne FuchsResourcesAnne Fuchs (bio)Foxy Opera (30-minute private coaching, enter Secret49 for savings)Vocal Warm-Up Exercises (cheat sheet)Point Well Made: Persuasive Oral Advocacy (book)

October 21, 2025Episode 711 hr 11 min

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 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 influences legal practice, challenges stereotypes about Gen Z lawyers, and offers insights into fostering understanding and mentorship across age groups.Topics00:58 Generational span in law offices04:40 Gen Z stereotypes and realities05:53 Overview of generations in law08:35 Defining characteristics by generation26:37 Gen Z values and “sea change”29:58 Generational mix in legal workforce32:02 Authority and leadership styles36:13 Policies and procedures39:41 Decision-making preferences42:55 Communication styles47:58 Feedback and critique preferences52:30 Generational tensions and perceptions58:42 Recognition and rewards01:01:51 Recommendations for law firms01:07:20 Signoff questions Quote“We are talking about the success of the profession, we are talking about the longevity of the profession, and we want that to be something that doesn’t have to be reinvented every generation. We want to see continuity, and the only way we can do that is for there to be meaningful collaboration between the generations when it’s time to pass the baton.” Marian BracciaResourcesMarian Grace Braccia (bio)The Generations War Comes to the Law Firm (article)Why We Mistake the Wholesomeness of Gen Z for Conservative (article)

September 16, 2025Episode 7055 min

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 current Wilmington Law professor Veronica Finkelstein shares expert guidance on understanding the purpose and power of a 30(b)(6) deposition, identifying the right corporate representative, drafting precise specifications, and preparing your designee for examination. Whether you're deposing a Fortune 500 company or a little mom-and-pop shop, this episode will fine-tune your approach to corporate testimony.Topics4:23 What is a 30(b)(6) deposition? 7:11 Why all trial lawyers should know about 30(b)(6) depositions9:40 How deposing 30(b)(6) witnesses is different14:27 Meet-and-confer requirement about specifications17:44 Drafting specifications20:20 Benefit of taking 30(b)(6) depositions23:57 Qualities of a desirable corporate designee25:54 Designees and fact witnesses29:21 Corporate counsel and deposing counsel preparations35:40 Who represents the designee?40:05 Nonresponsive or jerk designees43:24 Things to be mindful of during examination45:39 When interrogatories are preferable46:56 Cases to know: QBE and Marker49:42 Deposition Skills: Philadelphia51:53 Sign-off questions Quote“This is one of the few times in litigation when you get to pick your witness, so pick somebody good. Don’t pick somebody who’s the CEO of the company who doesn’t have time to get educated. Don’t pick somebody in HR who’s been following the policies wrong for the last 20 years and you’re never gonna unteach. Pick somebody who’s gonna be a really good mouthpiece on behalf of the company who you can educate properly.” Veronica FinkelsteinResourcesVeronica Finkelstein (bio)J.C. Lore (bio)Deposition Skills: Philadelphia (program)NITA Women in Trial (program)QBE Ins. Corp. v. Jorda Enters. Inc. (case)Marker v. Union Fidelity Life Ins. Co. (case)Law 360 article (PDF)