Rephonic
Artwork for May the Record Reflect
Trial Advocacy
Depositions
Witness Preparation
Voir Dire
Intimate Partner Violence
Cognitive Bias
Jury Selection
Cross-Examination
National Celebration Of Pro Bono
Pro Bono Work
Exhibits
Intellectual Property Law
Public Speaking
Persuasion Techniques
Legal Ethics
Storytelling
Juror Decision Making
Obstruction In Depositions
Anxiety Management
Narratives

If you’re a litigator or trial lawyer, your life is full—in and out of the courtroom. May the Record Reflect is the podcast of the National Institute for Trial Advocacy, and we know that if something related to lawyering is interesting to us, chances are it’s interesting to you, too. Trial skills, office life, personal development, and more—it’s all fair game on May the Record Reflect.

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Artwork for May the Record Reflect

Latest Episodes

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 unde... more

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 witnes... more

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 C... more

Depositions are a key building block in legal disputes, especially for cases that proceed to trial. According to veteran trial lawyer John Farrell, properly handling an exhibit so it’s admissible at trial is an overlooked skill that can, and should, ... more

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Recent Guests

Veronica Finkelstein
Associate Professor of Law at Wilmington University School of Law, former Assistant United States Attorney
Wilmington University School of Law
Episode: 70. Getting Down to Business: Deposing the 30(b)(6) Witness, with Veronica Finkelstein
Professor Angela Downes
Assistant Director of Experiential Education and a Professor of Practice at the University of North Texas at Dallas College of Law
University of North Texas at Dallas College of Law
Episode: 68. I Feel for You: The Lawyer’s Occupational Hazard of Vicarious Trauma, with Prof. Angela Downes
John Farrell
Of counsel at Fish & Richardson, recognized as a top trial lawyer in intellectual property matters, and former head attorney of the Homicide Unit at the San Francisco District Attorney's Office.
Fish & Richardson
Episode: 67. Eight Steps for Handling Deposition Exhibits, with John Farrell
Barbara Barron
An attorney and professor at Hofstra Law specializing in advocacy for survivors of intimate partner violence.
Hofstra Law
Episode: 66. Representing Survivors of the "Hidden Crime," with Barbara Barron
Judge Mark Drummond
Longtime trial lawyer and judge with experience in emergency advocacy.
Civil Jury Project at NYU School of Law
Episode: 65. Emergency Advocacy, with Judge Mark Drummond
Cynthia McCollum
Judge of the Minnesota First Judicial District, appointed in 2014, with a background in serious felony and complex conflict cases as a public defender, and a long-time educator.
Mitchell-Hamlin School of Law
Episode: 64. Breaking the Ice: Voir Dire Tips and Tactics, with Judge Cynthia McCollum
Tom Innes
Heads the Prison Advocacy Practice at the Defender Association of Philadelphia
Defender Association of Philadelphia
Episode: 62. Cross-Examination Math: Less is More, More is Less, with Tom Innes
Marian Grace Braccia
Director of the LLM in Trial Advocacy and a practice professor of law at Temple University School of Law.
Temple University School of Law
Episode: 58. It’s Greek to Me Ancient Rhetoric for Trial Lawyers, with Marian Grace Braccia
Jules Epstein
Director of Advocacy Programs and the Edward D. Allbaum Professor of Law at Temple University Beasley School of Law, with a focus on capital cases and trial psychology
Temple University Beasley School of Law
Episode: 57. 10 Things You Should Know about Trial Psychology

Host

Marcy Mangan
Host with extensive experience in trial advocacy, aligning with the podcast's educational focus for legal professionals.

Reviews

4.7 out of 5 stars from 32 ratings
  • Great tips and tools

    Marsi is a fantastic host and you just settle in to being part of the conversation she has with so many smart and talented lawyers. The show always has a focus on practical tips and tools for lawyers to use immediately in their practice. Well done all around. A great production.

    Apple Podcasts
    5
    Estesubi
    United States4 years ago
  • Great listen!

    NITA produces so many excellent training tools for young lawyers. This podcast is no exception!

    Apple Podcasts
    5
    BaileyJoRoss
    United States5 years ago

Listeners Say

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There is a positive reception regarding the host's ability to create engaging discussions with knowledgeable guests, providing real value to listeners.
Listeners appreciate the practical tips and tools highlighted, signaling that the content is actionable and relevant.

Chart Rankings

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Talking Points

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69. Keep Calm and Depose On, with Whitney Untiedt
Q: What motivates lawyers to behave like jerks?
They may be testing your limits, trying to waste time, or might believe they are being helpful with advice on how to better phrase questions.
69. Keep Calm and Depose On, with Whitney Untiedt
Q: How do you deal with a jerk witness compared to a jerk lawyer?
Dealing with a jerk witness is more delicate as they are not your client, and you need different tools to handle their behavior effectively.
69. Keep Calm and Depose On, with Whitney Untiedt
Q: What are the types of obstreperous or jerk behaviors you might encounter in a deposition?
There are four basic categories: the talker, the interrupter, the ego maniac, and the charmer.
67. Eight Steps for Handling Deposition Exhibits, with John Farrell
Q: What should lawyers remember about the 'identify' step?
Lawyers should explicitly ask what the exhibit is and how the witness knows that, to establish foundation and avoid objections at trial.
67. Eight Steps for Handling Deposition Exhibits, with John Farrell
Q: What is step number one?
Step number one is 'mention', which involves getting the witness to acknowledge the existence of the exhibit before discussing its details.

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Frequently Asked Questions About May the Record Reflect

What is May the Record Reflect about and what kind of topics does it cover?

This podcast focuses on providing valuable insights for litigators and trial lawyers, covering a wide range of topics essential to the profession. Key themes include effective courtroom techniques, communication skills, jury dynamics, and the importance of storytelling in legal contexts. Additionally, discussions often explore personal development, trial psychology, and ethical considerations in advocacy. With a diverse array of expert guests, the content is designed to enhance practical skills and engage both seasoned practitioners and those newer to the field, making it a relevant resource for legal professionals.

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How many episodes of May the Record Reflect are there?

May the Record Reflect launched 6 years ago and published 70 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on May the Record Reflect?

Recent guests on May the Record Reflect include:

1. Veronica Finkelstein
2. Professor Angela Downes
3. John Farrell
4. Barbara Barron
5. Judge Mark Drummond
6. Cynthia McCollum
7. Tom Innes
8. Marian Grace Braccia

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