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Artwork for May the Record Reflect
Depositions
Trial Advocacy
Witness Preparation
Expert Witnesses
Voir Dire
Intimate Partner Violence
Public Speaking
Cognitive Bias
Jury Selection
NITA
Law
Cross-Examination
Pro Bono Work
National Celebration Of Pro Bono
Exhibits
Intellectual Property Law
Obstreperous Counsel
Legal Strategies
California Water Law
Comprehensive Environmental Response, Compensation, and Liability Act

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—al... more

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Artwork for May the Record Reflect

Latest Episodes

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 re... more

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, a... more

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... more

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... more

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Recent Guests

Marisa Rauscher
Law student and educator with a background in educational psychology
Newman University, Philadelphia and Wilmington University School of Law
Episode: 77. Stay Thirsty, My Friends: The Argument for Lifelong Legal Learning, with Veronica Finkelstein and Marisa Rauscher
David Mann
Legal story specialist, adjunct faculty at Loyola University Chicago, program director at NEDA
NEDA, Loyola University Chicago
Episode: 76. Storytelling for Defense Lawyers, with David Mann
Gene Tanaka
Environmental litigator with 39 years of experience, program director and faculty member at NITA
NITA
Episode: 74. Handling Experts at Trial: Can't Live With Them, Can't Live Without Them, with Gene Tanaka
Carl Chamberlin
Longtime NEDA faculty member with decades of experience in taking, defending and teaching about depositions.
California Court of Appeal
Episode: 73. Depositions Done Right, with Carl Chamberlin
Anne Fuchs
Director of Communications for the Court of Appeals of Indiana and internationally acclaimed opera singer
Court of Appeals of Indiana
Episode: 72. The Vocal Edge: An Opera Singers Secrets for Trial Lawyers, with Anne Fuchs
Professor Marian Grace Braccia
Professor at Temple University Beasley School of Law specializing in courtroom technology and trial skills
Temple University Beasley School of Law
Episode: 71. Mind the Gap: Generations in Trial Practice, with Professor Marian Braccia
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

Host

Marcy Mangan
Host of May the Record Reflect

Reviews

4.7 out of 5 stars from 33 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 States6 years ago

Listeners Say

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Great host with practical tips for lawyers.
High production quality and useful guest insights.
Tends to feature actionable, real-world advice for trial work.

Chart Rankings

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Talking Points

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75. Prep for Success: Controlling Your Witness through Thorough Preparation, with Tom Innes and Mary DeFusco
Q: How should attorneys approach ethical considerations in witness preparation?
Attorneys should guide witnesses in forming accurate and probative answers while ensuring that the ultimate testimony remains truthful, thus supporting good wordsmithing without crossing ethical lines.
75. Prep for Success: Controlling Your Witness through Thorough Preparation, with Tom Innes and Mary DeFusco
Q: What does the timeline for witness prep actually look like?
The final stage of witness prep should occur one or two days before the deposition for optimal recall, but preparation begins much earlier when first engaging with the witness.
74. Handling Experts at Trial: Can't Live With Them, Can't Live Without Them, with Gene Tanaka
Q: What are the five steps of direct examination of experts?
They include introducing the expert, explaining qualifications, stating the opinion, presenting the basis for the opinion, and wrapping up with a conclusion.
74. Handling Experts at Trial: Can't Live With Them, Can't Live Without Them, with Gene Tanaka
Q: What are the standards for expert testimony?
Experts must be qualified in their area, use reliable facts, and apply principles appropriately; they cannot provide legal conclusions but can discuss the standard of care.
74. Handling Experts at Trial: Can't Live With Them, Can't Live Without Them, with Gene Tanaka
Q: What does the title "Expert Witnesses, Can't Live With Them, Can't Live Without Them" mean to you?
It conveys the tension of needing expert witnesses for complex cases while also acknowledging the challenges they present.

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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 show focuses on practical trial skills, courtroom strategies, and the human side of litigating. Episodes frequently explore witness preparation, deposition techniques, handling expert witnesses, and managing emotional and ethical dynamics in legal settings. A notable strength is the speaker lineup—seasoned practitioners and educators share concrete tips, real-world anecdotes, and frameworks that listeners can apply in the courtroom or in-law practice. The format tends toward actionable guidance, interview-style conversations with prominent legal professionals, and discussions of emerging issues in trial advocacy and legal communication.

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1. Fresh Air
2. Think from KERA
3. Stay Tuned with Preet
4. Freakonomics Radio
5. #SistersInLaw

How many episodes of May the Record Reflect are there?

May the Record Reflect launched 7 years ago and published 78 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. Marisa Rauscher
2. David Mann
3. Gene Tanaka
4. Carl Chamberlin
5. Anne Fuchs
6. Professor Marian Grace Braccia
7. Veronica Finkelstein
8. Professor Angela Downes

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