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.

May the Record Reflect is a education podcast hosted by National Institute for Trial Advocacy, with 82 episodes on record and a Required Pod Score of 80.

National Institute for Trial Advocacy hosts May the Record Reflect, a education show with 82 episodes published.

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  Episode #82

  82. Direct Impact, with Steve Wood

  Sep 21, 20261h 20m

  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 examination 3:37 Why storytelling matters in direct 5:16 Storytelling elements 14:01 Breaking through the fog of boredom 23:11 Sequencing your questions 26:05 Using your voice 28:45 Organizing your direct 31:57 Accrediting the witness 36:18 Telling the story 41:17 Honesty and bad facts 44:24 Questioning the witness 47:02 Phrasing your questions 59:39 Word choice 1:02:00 Witness focus 1:05:51 Plain English 1:09:46 Tenacity 1:12:37 Runaway witnesses 1:16:36 Signoff question Quote “One of the things that happens in every trial is that there is a contest for credibility between the advocates. I don’t — and can’t — lose that contest. And if a jury hears something bad from the other side first, they might be thinking I was trying to hide something from them.” Steve Wood Resources Steve Wood ( LinkedIn ) Building Trial Skills: New Jersey ( program ) Top 10 Tips that Make a Difference ( podcast episode ) “Don’t Be Boring”: Creating Your Commanding Courtroom Presence ( podcast episode ) Cross-Examination: Do No Harm ( free webcast )

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  Episode #81

  81. Twelve Elements of Assertive Delivery, with Hon. Chris Whitten and Dr. Karen Lisko

  Aug 19, 20261h 12m

  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 where to start. Topics 5:43 Assertive versus aggressive communication styles 7:51 Adopt a conversational pace 10:34 Pause to punctuate your point 14:37 Replace Your Vocal Fillers 23:49 Amplify Your Volume 28:19 Reach Down for Your Deepest Natural Pitch 39:18 End with a Downward Inflection 40:54 Smile 48:10 Make “Kind Dynamite” Eye Contact 52:13 Literally Lean In 54:41 Use Hand Gestures Well 58:33 Have an Active Listening Face 1:00:26 Try “Hinging” Your Head Periodically 1:04:19 Signoff questions Quotes “One of the things that I often find when I deal with someone who lacks confidence is that when they do increase their volume, it has some byproduct advantages. And I can’t explain why from a social science perspective, but it I just keep seeing it, where when someone increases their volume, their face gets more animated, their eyes get brighter.” Dr. Karen Lisko “As a fact finder, when you don’t give me that pause, especially after important evidence comes in, I find myself thinking or having an internal dialogue about what that just meant. And I miss like half of what the next thing you say is. And so those pauses are just so, so welcome for me when I’m listening.” Hon. Chris Whitten Resources Hon. Chris Whitten ( LinkedIn ) Dr. Karen Lisko ( bio ) Twelve Essentials of Assertive Delivery ( free download ) Kind Dynamite ( book ) NITA Women in Trial ( program ) Advanced Trial Skills ( program ) Building Trial Skills: San Diego ( program )

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  Episode #80

  80. The Core Four: Opening, Direct, Cross, and Closing, with NITA Faculty

  Jul 21, 20261h 4m

  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 Engaging jurors’ imagination during opening 13:26 Using visual aids 16:47 Objections on openings 19:10 Making your case in direct examination 20:16 The challenges of direct 23:56 How to keep direct interesting 26:34 Humanizing a despicable witness 33:52 Fundamentals of a zinger on cross-examination 40:28 Preparation versus spur-of-the-moment 43:08 The challenges of cross 48:28 Women and cross 53:42 Your advantage in closing argument 55:54 When to start thinking about your closing 56:47 Using visual aids 57:45 Jury instructions 1:00:11 Closings for plaintiff versus defendant Quote “Something I always do is I talk to jurors like they are a friend that I’m having a martini with and I’m sitting across the table from. And I’m just talking to that friend about something that’s a very serious, very important issue — and I’m keeping it simple, I’m keeping it concise — so it’s a serious tone, but it’s casual.” Brooke Latta Resources May the Record Reflect on YouTube ( link ) The Secrets of Opening Statements , with Brooke Latta ( podcast episode ) Direct Hit , with Mike Beckwith ( podcast episode ) The Tense Trio , with Hon. Amy Hanley and Cheryl Brown Wattley ( podcast episode ) Closing Time , with Luke Cass ( podcast episode ) NITA Women in Trial ( program )

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  May the Record Reflect

  79. Ten Essential Tips for the Successful Trial Lawyer, with Hon. Sal Mungia

  Jun 16, 202635 min

  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. Topics 4:40 Never lose your credibility with the jury or judge 6:59 Tell a compelling, human-centered story 9:33 Speak plainly—avoid legalese and connect clearly 12:32 Professionalism matters—don’t be a jerk 15:39 Show grace, even in high-pressure litigation 19:26 Build rapport—don’t read from notes 21:46 Play by the rules—integrity defines success 23:24 Know the rules of evidence and procedure 25:41 Be yourself—authenticity resonates with juries 27:19 Have fun—find purpose and energy in trial work 28:59 Gaining trial experience 32:42 Signoff question Quote “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 Mungia Resources Hon. 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 )

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  Episode #78

  78. Refreshing Recollection and Impeachment, with John Farrell

  May 19, 202649 minS0

  <p>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.</p><p><b>Topics</b><br/>3:13    Difference between refreshing recollection and impeachment <br/>4:54    What...

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