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 80 episodes on record and a Required Pod Score of 80. PitchCentric scores this show on Booking Probability, Listen Score, and live audience signals refreshed every 24 hours.

National Institute for Trial Advocacy hosts May the Record Reflect, a education show with 80 episodes published.

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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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  Episode #77

  77. Stay Thirsty, My Friends: The Argument for Lifelong Legal Learning, with Veronica Finkelstein and Marisa Rauscher

  Apr 21, 202651 minS0

  <p>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.</p><p><b>Topics</b><br/> 5:24  Why to teach, and why to learn, law<br/> 7:60  Lacking skills out of l...

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  Episode #76

  76. Storytelling for Defense Lawyers, with David Mann

  Mar 24, 202638 minS0

  <p><br/><br/>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 wor...

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