In our second interview on The Effective Deposition, Program Director and author Carl Chamberlin returns to the podcast to talk about witness preparation. Joining him is NITA Trustee and Program Director Whitney Untiedt, and together they share

52. Let's "Speak the Truth" about Voir Dire, with Adam Kendall

Mar 12th, 2024 50m 41s

Content warning: Mentions of sexual assault. Brief, non-graphic discussions of questioning the venire about sexual assault occur at 32:20–32:59 and 42:25–44:34.Experienced trial lawyers are accustomed to being the ones asking the questions, but

51. Depositions: Asked and Answered, with Veronica Finkelstein

Feb 13th, 2024 1h

Taking a deposition presents enough challenge as it is without the interference of obstreperous or obstructive counsel, yet it happens anyway and you must be prepared to deal with it. Following her appearance on a NITA panel webcast on depositi

50. Persuasion is an Inside Job, with Dominic Gianna

Jan 9th, 2024 1h 2m

Cognitive bias is a barrier that lawyers must overcome in court—and it’s not just biases of the jurors they must consider, but those, too, of the judge, opposing counsel, expert witnesses, and even one’s own self. New Orleans trial legend Domin

49. Justice at Trial, with James Brosnahan

Dec 12th, 2023 1h 21m

Many a young idealist register for law school with visions of Atticus Finch dancing in their heads, but only the rarest few have those dreams come true. NITA Trustee Emeritus and national treasure James Brosnahan is among them. In Episode 49, t

48. That's Appealing, with Judge Randall Warner

Nov 7th, 2023 51m 2s

Every trial advocate enters the courtroom hoping for a “one and done” decision that favors their client. But appeals do happen, and if you’re waiting until the verdict is read before you start thinking about what comes next, you’re already brin

47. Beginning the Effective Deposition, with Carl Chamberlin

Oct 11th, 2023 1h 26m

At a time when more cases settle than go to trial, the deposition has become of utmost significance. Our guest Carl Chamberlin draws upon his experience taking and defending depositions in private practice as well as teaching deposition skills

46. The Secrets of Opening Statements, with Brooke Latta

Sep 12th, 2023 35m 22s

Content Warning: A brief, non-graphic mention of a sex crime case occurring from 29:34 to 30:49.Everyone likes to start off on the right foot, and your opening statement is a crucial place to do it. It’s also Assistant U.S. Attorney Brooke Latt

45. Courtroom Demeanor, with Shareema Abel

Aug 8th, 2023 50m 21s

Without a doubt, knowing your client’s case up one side and down the other and understanding and applying the law are critical to your chances of prevailing at trial. But if your demeanor and presentation style lack polish, you might be getting

44. Unscripted Redirect, with Justin Bernstein and Spencer Pahlke

Jul 11th, 2023 47m 42s

NITA Education Director Rhani Lott Choi returns to May the Record Reflect, this time as guest host, to interview trial competition coaches Justin Bernstein and Spencer Pahlke. You may know Justin and Spencer from Unscripted Direct, the trial ad

43. Can I Get a Witness?, with Hon. Chris Whitten

Jun 13th, 2023 49m 3s

You may see depositions as your golden opportunity to preserve testimony, elicit admissions, and test theories—but for your witness, depositions are a veritable stewpot of jangled nerves and apprehension. In this episode, Maricopa County Superi

42. Direct Neglect Where Is the Love, with Hon. Amy Hanley and Dennericka Brooks

May 9th, 2023 53m 42s

How many of us cue up the “sad trombone” every time we think of doing direct examination? Direct is renowned for being a boring slog through facts and faces as we make on our way to the fireworks of cross and closing. Yet, if you’re not using d

41. Slipstreams and Wormholes, with Rhani Lott Choi

Apr 11th, 2023 47m 10s

The profession of trial lawyering has a steep, intense learning curve requiring years of practice (and “practice”) before you begin to feel like you’ve got a grip on it. What if you could shave years off that timeline. NITA’s Education Director

40. The Resilient Lawyer, with Henry Su

Mar 14th, 2023 45m 50s

Being a trial lawyer is a challenging job even apart from the actual, technical work of lawyering in the courtroom. Legal advocacy often places emotional burdens upon trial attorneys that can be a lot to manage. Henry Su joins the podcast to di

39: Off Broadway and Into Court, with Kevin Newbury and Kate Douglas

Feb 14th, 2023 46m

Theatre wunderkinds and storytelling specialists Kevin Newbury and Kate Douglas join the podcast to tell stories about telling stories. Kevin and Kate discuss how universal themes, conflicts, and archetypes can be used as formulas for brainstor

38. Trial Practice Resolutions for the New Year, with Steve Wood

Jan 10th, 2023 1h 1m

If you’re looking for some resolutions for improving as a trial lawyer, let veteran prosecutor Steve Wood be your guide. In this episode (originally aired in 2021), Steve shares the top ten trial tips that always brought him luck. Any one of th

37. Explicit Bias and the Jury Box, with Raam Wong

Dec 14th, 2022 46m 58s

Something that concerns trial lawyers more than ever is seating a juror with intractable explicit biases or who believes in conspiracy theories. King County Senior Deputy Prosecuting Attorney Raam Wong experienced this situation when he prosecu

36. I’ll Be the Judge of That: Best Advice from NITA’s Judges

Nov 8th, 2022 28m 42s

This month’s episode features advice and observations from some of NITA’s top judges, who serve as faculty, presenters, and board members. They share their reflections on what they’ve seen from their unique vantage point on the bench and dispen

35. The Great Pretender, with Judge Ruth Rocker McMullin

Oct 11th, 2022 41m 37s

Imposter syndrome is a common phenomenon among lawyers, often starting in law school, where self-doubt about your spot among so many wunderkinds can shake your sense of achievement and belonging. Gwinnett County Magistrate Court Judge Ruth Rock

34. Upon Further Examination, with Rhani Lott Choi and Kate Sandlin

Sep 16th, 2022 58m 25s

The spontaneity of cross-examination and impeachment often intimidates lawyers early in their trial career. NITA Education Director Rhani Lott Choi and Denver trial lawyer Kate Sandlin have been there, done that — and in this episode, they disc

33. The Secrets of Persuasive Legal Storytelling

Aug 9th, 2022 45m 16s

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 na

32. The Tense Trio, with Judge Amy Hanley and Cheryl Brown Wattley

Jul 19th, 2022 55m 2s

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 ha

31. Goliath Hits Back, with Judge Nancy Gertner and Reuben Guttman

Jun 14th, 2022 51m 27s

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 affecte

30. Your Courtroom Comeback, with Carol Sowers

May 2nd, 2022 39m 36s

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

29. Gathering Admissions, with Jason Young

Mar 31st, 2022 46m 13s

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 ha