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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)

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)

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)

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)

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. Topics 3:13    Difference between refreshing recollection and impeachment 4:54    What’s wrong with “I don’t know” during examination 6:19    Using documents to refresh recollection 7:24    What’s wrong with “would” during refreshing recollection 8:41   Refreshing recollection demo 10:13 A crucial step to remember 13:21 The point of impeachment 14:37 Step 1 of impeaching by prior inconsistent statement 15:35 Demo 17:52 Why you should sound disappointed 18:50 Demo 19:20 Steps 2–6 23:21 Demo 27:21 Why impeachment better be worth the effort 30:05 Your tone through impeachment 33:16 Impeachment by omission 40:49 Consequences of a bad impeachment 41:56 Again, make impeachment worth your while 44:16 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 Farrell Resources John Farrell (bio) Refreshing Recollection and Impeachment (article) Eight Steps for Handling Deposition Exhibits (podcast) Deposition articles (1, 2, 3)

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 school 10:01 Various toolkits for trial lawyers  13:39 What new lawyers should focus on 15:37 Importance of writing and motion practice skills 18:28 Going to trial: present and future 27:35 Professional branding and marketing yourself as a lawyer 33:40 Informal CLE through social media 36:17 Younger lawyers have an advantage 45:35 Signoff question Quotes “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 Rauscher Resources Veronica Finkelstein (LinkedIn) Marisa Rauscher (LinkedIn) Veronica in studio71 (podcast, podcast, webcast) Additional Advocacy Skills (program calendar) Law-related podcasts, vlogs, and YouTubes (PDF)

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 storytelling 17:34 Observing versus opining 20:31  Going granular 24:38  Being engaging and persuasive 28:12  Check your blind spots 30:26 Persuasive presence and turning facts into a story 35:03  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 Mann Resources David 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)

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.   Topics 4:04  Why preparation is the first step 5:38  Deposing Dr. King on The Pitt 8:11  Your witness’s role   10:30  Organization of testimony, explained 11:50  Under pressure 13:50  Cross prep 15:33  Practice pointers 19:13  Ethical considerations 23:02  Signoff questions Quotes “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 DeFusco Resources Tom Innes (bio) Mary DeFusco (bio) Judge L. Felipe Restrepo (bio) Building Trial Skills: Philadelphia (program) Cross-Examination Math (podcast episode)

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.  Topics 04:20  Why experts are important 05:54  Breadth of expert opinions 07:24  Expert traps 11:44  Standards for expert testimony   15:28  Five steps for direct examination: Introduction and teaser 17:48  Qualifications 20:10  Red flags in an expert’s background 21:28  Opinion 25:24  Basis for opinion 27:39  Difference of experts’ opinions 28:50  Conclusion 30:19  Persuasive techniques 34:10  Conducting cross 42:06  Signoff questions Quote “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 Tanaka Resources Gene 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)

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.  Topics 3:22   The purpose of depositions 6:20   Difference between gathering information and obtaining information 10:38 Why depositions are important 12:30 Physical settings for remote depositions 14:15 The “usual stipulations” 17:20 Getting commitments 21:27 Commitments in remote depositions 24:42 Preliminary questions 29:51 Structure of substantive questioning 33:30 First demo 36:57 Key phrases for asking open-ended questions 38:25 And ones to avoid 43:01 Drilling down into a substantive topic 44:18 Second demo 1:04:19 Paying attention and listening 1:06:40 Using exhibits 1:10:15 Dealing with interruptions 1:13:56 Carl’s early depositions 1:16:53 The Effective Deposition 1:21:36 Signoff questions Quote “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 Chamberlin Resources Carl Chamberlin (LinkedIn) The Effective Deposition, Sixth Edition (book)

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. Topics 02:30  Why vocal quality matters 04:03  Assessing your voice and why we hate the sound of it 07:13  Transatlantic accent 08:34  Introverts and extroverts, and skills  13:42  La Postura 21:16  Appoggio 33:05  Legato 41:26  Chiaroscuro 39:41  Nasality and vocal fry 50:20  Opera and the appellate court 55:23  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 Fuchs Resources Anne 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)

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. Topics 00:58  Generational span in law offices 04:40  Gen Z stereotypes and realities 05:53  Overview of generations in law 08:35  Defining characteristics by generation 26:37  Gen Z values and “sea change” 29:58  Generational mix in legal workforce 32:02  Authority and leadership styles 36:13  Policies and procedures 39:41  Decision-making preferences 42:55  Communication styles 47:58  Feedback and critique preferences 52:30  Generational tensions and perceptions 58:42  Recognition and rewards 01:01:51  Recommendations for law firms 01:07:20  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 Braccia Resources Marian Grace Braccia (bio) The Generations War Comes to the Law Firm (article) Why We Mistake the Wholesomeness of Gen Z for Conservative (article)

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. Topics 4:23     What is a 30(b)(6) deposition?    7:11     Why all trial lawyers should know about 30(b)(6) depositions 9:40     How deposing 30(b)(6) witnesses is different 14:27    Meet-and-confer requirement about specifications 17:44    Drafting specifications 20:20    Benefit of taking 30(b)(6) depositions 23:57    Qualities of a desirable corporate designee 25:54    Designees and fact witnesses 29:21    Corporate counsel and deposing counsel preparations 35:40    Who represents the designee? 40:05    Nonresponsive or jerk designees 43:24    Things to be mindful of during examination 45:39    When interrogatories are preferable 46:56    Cases to know: QBE and Marker 49:42    Deposition Skills: Philadelphia 51:53    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 Finkelstein Resources Veronica 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)

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 to share her expert strategies for navigating the disruptive behaviors of difficult counsel and witnesses. From talkers and interrupters to charmers and egomaniacs, Whitney breaks down the types of jerks you’ll encounter and how to stay focused, professional, and in control. Whether you’re taking or defending a deposition, this episode offers practical tools, real-world stories, and a reminder that your attitude is your greatest ally. Topics 4:52     Obstreperous behaviors    9:45      When the jerk is the witness 12:30    Strategies for handling witnesses 16:28    Preparing for opposing counsel 18:27    In-the-moment responses 23:16    Socialized for niceness 27:29    Supporting your client 31:45    What not to do 37:39    Rules about lawyer conduct 43:53    Remote versus in-person depositions 52:51    Why do lawyers act like jerks 57:57    A war story 1:01:01  Florida programs 1:07:01  Signoff questions Quote “The worst jerks are the ones that kill you with kindness than the ones who try to come at you with a butcher knife.” Whitney Untiedt Resources Whitney Untiedt (bio) Deposition Skills: Florida (program) Jayme Cassidy (bio) Building Trial Skills: Florida (program)

Long hours, heavy caseloads, high stakes—such is the modern trial practice. But when lawyers represent survivors of violent or traumatic incidents, they often experience next-level stress caused by empathetic engagement. In this episode, UNT Dallas College of Law professor and JAMS neutral mediator, arbitrator, and special master Angela Downes introduces listeners to vicarious trauma and its effects on body and mind, how vicarious trauma differs from burnout, and how to recognize compassion fatigue in yourself and your colleagues. Most importantly, Professor Downes discusses effective stress-management strategies that would benefit anyone with a busy trial practice. Topics 3:46    What is vicarious trauma?    4:15    Lawyers, vicarious trauma, and burnout 7:31    Indicators of vicarious trauma and getting support 15:49  How firms can help 17:40  Self-care strategies 27:55  ABA studies on lawyer stress 31:02  More strategies 35:09  Recognizing vicarious trauma in others 38:20  New generation attunement to wellness 40:24 Sign-off questions Quote “So many of us are defined by the work that we do, and we are more than that. We are more than just … being attorneys and counselors. Although it’s a big part of us, there are so many sides to what we do and who we are as people.” Professor Angela Downes Resources Professor Angela Downes (bio) NITA Women in Trial (program) Stress, Drink, Leave (article) ABA Profile of the Legal Profession (article) ABA Directory of Legal Assistance Programs (resource)