Legal communications specialist David Mann joins the podcast to encourage listeners become masters of persuasion through storytelling. In this episode, David explains that legal case storytelling is not just for trials, tells how to flip the narrative script and align the fact finder with your client, and reveals a trove of writing techniques that help sharpen your writing and storytelling skills. Content Warning : Mention of sexual assault. A brief, non-graphic discussion of a defendant’s sexua...
Aug 09, 2022•45 min•Ep 33•Transcript available on Metacast 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 trio”: objections, cross-examination, and impeachment. Find out what these elements of a trial have in common; why trial lawyers face so much pressure around them; how to overcome the challenges of the tense trio at trial; and what mentorship means to career development. Topics 3:31 What is the “tense trio”? 3:56 What makes these parts of a trial so t...
Jul 19, 2022•55 min•Ep 32•Transcript available on Metacast Retired federal judge Nancy Gertner and class action lawyer Reuben Guttman discuss the impact of Twombly and Iqbal , two SCOTUS decisions that precipitated critical changes in pleading, class certification, and expert standards that have affected a complaint’s capacity for making it past the motion-to-dismiss stage. In this wide-ranging interview, they talk about the challenges these decisions have on both judges and practitioners and how the landmark case of Brown v. Board might fare under post...
Jun 14, 2022•51 min•Ep 31•Transcript available on Metacast As social distancing and K95s finally become visible in the rearview mirror, communications expert Carol Sowers returns to the podcast to coach listeners through the yips of post-lockdown performance anxiety and rusty face-to-face social skills, and to discuss the remote advocacy habits we created that are worth keeping and refining. She also touches on a few subtle ways lawyers inadvertently undermine their authenticity and credibility. Topics 2:57 Staring down the yips 9:46 Our best work adapt...
May 02, 2022•40 min•Ep 30•Transcript available on Metacast In Episode 29 of May the Record Reflect , we gather all sorts of admissions—about depositions—from NITA NextGen alumni faculty member Jason Young. After taking and defending thousands of depositions throughout his career, he’s no-nonsense and has figured out how to make the challenges easier on himself, his clients, and his witnesses. Jason also talks about the crucial work–life decisions all lawyers face as they begin their careers. Topics 2:58 The hard part of taking depositions 5:07 Federal r...
Mar 31, 2022•46 min•Ep 29•Transcript available on Metacast In Episode 28 of May the Record Reflect , New Orleans trial legend Dominic Gianna introduces the concept of “audience-centric advocacy” and how to reach jurors and judges through effective storytelling, psychological insights, and physical performance. This self-professed “Broadway theater kid” talks about stepping into your own personal style, becoming comfortable in your own skin, why you need log lines and tag lines, and how he became the legal consultant on My Cousin Vinny .' Topics 3:2...
Mar 01, 2022•1 hr•Ep 28•Transcript available on Metacast 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 shares what he learned in working civil and criminal cases for the DOJ in Puerto Rico and D.C., with a particular emphasis on reversals on closing: what they are, why they happen, and what happens next. Topics 3:39 Closing argument is the time for … 4:04 Advantages and challenges for counsel in closing argument 6:44 When to develop your closing 7:...
Feb 08, 2022•28 min•Ep 27•Transcript available on Metacast 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 foundations of trial practice: the direct examination. As a Chief Assistant United States Attorney with the Department of Justice, Mike has litigated hundreds of cases before trial courts in multiple federal districts and the Ninth Circuit. Tune in to find out why he thinks direct examination is crucial to your case, the best way to deal with bad facts...
Jan 04, 2022•41 min•Ep 26•Transcript available on Metacast 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 each tip was derived, please visit our podcasts on nita.org here . Topics 1:47 Dick Harpootlian 3:49 Alison Reagan 5:57 Dean Marc Miller 9:14 Helen Geib 11:28 BJ Moore 14:35 Alicia Aquino 16:22 Shannon Bales 17:35 Hon. Nancy Vaidik 20:15 Rebecca Diaz-Bonilla 21:59 Judith Gaton 23:29 Steve Wood 27:16 J.C. Lore 29:10 Reuben Guttman 30:36 Jo Carol (LaF...
Dec 07, 2021•40 min•Ep 25•Transcript available on Metacast 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 Alex Murdaugh to describe the roundabout way he entered law and became one of the nation’s top trial lawyers, discuss what it was like to work death penalty cases and prosecute an infamous mass murderer, and reveal advocacy tips that have always brought him luck. Topics 3:28 The accidental lawyer 7:14 Winning . . . and losing 8:48 Introducing Pee Wee ...
Nov 02, 2021•44 min•Ep 24•Transcript available on Metacast 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 its way to the United States Supreme Court. Her case, Cleveland Board of Education v. LaFleur , was part of the societal sea change that resulted in women being able to remain in the workforce as their families grew. Jo Carol’s experience lit a fire in her to become a lawyer herself and transform the lives of her clients she serves. Topics 2:09 The ...
Oct 11, 2021•49 min•Ep 23•Transcript available on Metacast 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 necessitate early, close attention from practitioners. They discuss the interplay of early discovery with the Federal Rules of Evidence and Civil Procedure, how law schools are responding to “front-loaded” litigation that often results in fewer jury trials, why public interest law matters, and what’s exciting about pretrial. Topics 3:37 The meanin...
Sep 07, 2021•43 min•Ep 22•Transcript available on Metacast 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 remembers about his first trial, his life in public service as the Delaware DOJ’s leading trial attorney, and the other reflections on living the lawyering life. Topics 2:43 Tip #1 5:20 Why law? 7:18 Tip #2 10:31 Recollections of his first trial 13:08 Tip #3 18:08 Favorite part of trial 25:04 Tip #4 27:15 Nerves and anxiety about trial 28:34 Tip #5 32...
Aug 03, 2021•1 hr 1 min•Ep 21•Transcript available on Metacast 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 and how to dress for post-pandemic office life at a time when the expected corporate culture—and maybe our bodies—have changed. Topics 3:05 Why your clothes matter 5:36 But isn’t style frivolous? 13:18 Work clothes that no longer “fit” 16:22 Evaluating your wardrobe after covid 18:45 What pieces to invest in, and what to save on 21:48 Pandemic’s impa...
Jul 06, 2021•41 min•Ep 20•Transcript available on Metacast In Episode 19 of May the Record Reflect , Judge Nancy Vaidik of the Indiana Court of Appeals and international communications consultant Rebecca Diaz-Bonilla, are in the hot seat to share insights from their new book, Point Well Made, Persuasive Oral Advocacy . They reveal why oral advocacy still matters in a time when most cases settle before going to trial, how to better know your judge to give yourself a leg up, and what are the highs and lows of ruling from the Zoom bench. Topics 3:56 A lear...
Jun 01, 2021•48 min•Ep 19•Transcript available on Metacast 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 electronic courtroom presentation. When expertly executed by a trial technologist, a trial presentation will provide you and your fact-finders one shortcut after another that ease courtroom procedures and benefit your client. Trial technologists Shannon Bales and Alicia Aquino share their insights, recommendations, and best practices that will have you conv...
May 04, 2021•1 hr 11 min•Ep 18•Transcript available on Metacast 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 accessing your clients’ electronic data, what to do if it happens, and what ethics canons have to say about it. Patent attorney and e-discovery expert Helen Geib and technologist BJ Moore share their tips to help you manage this important and often overlooked aspect of law firm management. Topics 4:00 Why law firms are a rich target for cyberhackers 7:45 How...
Apr 06, 2021•49 min•Ep 17•Transcript available on Metacast 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 “50 Tips for 50 Years” mini-series gives you best practices for dealing with nerves at trial, how to improve your public speaking skills, and delivering a sound winning argument, as shared by NITA program directors, faculty members, authors, and members of the Board of Trustees. 1:25 Dealing with nerves at trial—or anywhere 15:11 Getting good at ...
Mar 02, 2021•36 min•Ep 16•Transcript available on Metacast 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, we wanted to celebrate this year-long occasion with our gift to you: 50 trial tips for each of NITA’s 50 years. In this first episode of a special two-part series, a cross-section of NITA program directors, faculty members, authors, and members of the Board of Trustees share their best tips and tricks for improving trial skills. 1:35 Choosing the st...
Feb 09, 2021•44 min•Ep 15•Transcript available on Metacast 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 societal change. Listen as Dean Marc Miller of the University of Arizona James E. Rogers College of Law and Allison Regan, professional development director at Houston’s Bracewell law firm, offer their perspectives on being a successful law student and young lawyer during this unique moment in our nation’s history. Topics 3:33 Is this a terrible time t...
Jan 08, 2021•53 min•Ep 14•Transcript available on Metacast In Episode 13 of “May the Record Reflect,” communications specialist Carol Sowers returns, bringing Judge Mark Drummond with her, to talk about meeting needs of the trial community in the strange new world of Zoom. Video hearings, depositions, jury trials, and even conference calls are now the new normal, but when your client has everything on the line, you must elevate your on-camera presentation. Judge Drummond and Carol talk about NITA’s 1:1 coaching that helps you do exactly that, and they d...
Nov 03, 2020•43 min•Ep 13•Transcript available on Metacast 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. Professional development officers Amy Hancock and Tim Henderson talk about making the most of the challenges—and opportunities—that the pandemic has brought. Topics 3:49 Effects of pandemic on legal career development 5:36 Work-life balance for the home office 10:50 Leadership support during individual struggles 16:17 Fostering collegiality 19:28 Cook...
Oct 06, 2020•58 min•Ep 12•Transcript available on Metacast In Episode 11 of the podcast, we discuss issues that women face as legal practitioners. Guests Judge Alia Moses and civil litigator Nicole Westbrook talk about how their shared passion for the law forged their respective career paths and offer guidance for navigating the personal and professional perils common to the practice of law. Judge Moses is the first woman federal judge in history to be seated on the federal bench for the U.S. District Court for the Western District of Texas. Westbrook’s...
Sep 01, 2020•52 min•Ep 11•Transcript available on Metacast In Episode 10 , Boulder, Colorado-based coach Will Murray shares how trial lawyers can take the techniques of triathlon performance and endurance training that Murray specializes in and apply them to the endurance tests of litigation and trial practice. Much of it is mental, he notes, and tells us how to develop discipline, recode memories and motivations in our brains, calm our nerves in the moment, deal with traumatic stress (our clients’ and our own), and even get a better night’s sleep in th...
Aug 04, 2020•45 min•Ep 10•Transcript available on Metacast A joint ABA/Hazelden study in 2016 found significant rates of anxiety, depression, suicide, alcoholism, and addiction among licensed, employed lawyers in America. In Episode 9 , we hear from DeAnna Crosby, addictions specialist and clinical director of a dual-diagnosis treatment clinic in Southern California, about the unique caretaking responsibilities that make lawyers susceptible to anxiety, depression, and self-medication and what resources are available to create a life beyond the bottle. T...
Jul 07, 2020•48 min•Ep 9•Transcript available on Metacast 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 it right in video and telephonic hearings. The disruptions caused by the covid pandemic have suddenly moved the courtroom into your dining room, and our guests are sharing their best do’s and don’ts from their respective positions on and before the bench. The Honorable Amy Hanley is based in Lawrence, Kansas, and presides over a civil, domestic, an...
Jun 03, 2020•51 min•Ep 8•Transcript available on Metacast In Episode 7 of May the Record Reflect , we’re joined by Brooklyn Law School Assistant Professor of Legal Writing Catharine DuBois. Catharine serves as Program Director for NITA’s courses in persuasive writing, including an online version that starts next week. Among the topics she discusses with host Marsi Buckmelter are the importance of prewriting activities, organizing your document on the macro and micro levels, getting past writer’s block, creativity and the editorial process, and how to p...
May 05, 2020•43 min•Ep 7•Transcript available on Metacast 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 performance: how to speak with confidence, project a pleasing vocal quality, connect with jurors, tame your nerves, and rebound from your mistakes. Carol spent more than thirty years as a broadcast professional for CBA/ABC Affiliate station KHQA in Quincy, Illinois, where she worked as a reporter and main anchor all the way up to vice president for publ...
Apr 06, 2020•53 min•Ep 6•Transcript available on Metacast 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 college, but it was as a law student that she first became aware of how nerves and unpolished communication skills tripped up even the most brilliant intellectual arguments of her fellow classmates—an observation that continued well into her law practice. This gap led Rebecca to blend her background in theater and the law, to teach professionals abou...
Mar 03, 2020•49 min•Ep 5•Transcript available on Metacast In Episode 4, we wrap up this week’s National Celebration of Pro Bon o by talking to Stephanie Ledesma . Stephanie is the Associate Dean of the Thurgood Marshall School of Law Experiential Education program in Houston and one of NITA’s national faculty members. In addition to developing curricula for law schools, agencies, and other legal professionals, she serves the bar on the local, state, national, and international level and volunteers within her Houston community. Stephanie’s recent travel...
Oct 17, 2019•12 min•Ep 4•Transcript available on Metacast 
