Conversations with the law school trial advocacy community. Hosted by Spencer Pahlke (shareholder at Walkup Melodia and trial advocacy director at UC Berkeley School of Law) and Justin Bernstein (director of trial advocacy at UCLA School of Law).
Spencer Pahlke and Justin Bernstein
Introduction (0:00:00). Spencer cuts down a tree, and Justin gets sentimental (for three reasons).The Break (0:11:38). The EATS awards! And one errata.All Star is Back! (0:12:44). St. Mary's A.J. Bellido de Luna is back and briefer than ever. He announces the return of the All Star Bracket Challenge, reveals his poker secrets, and explains how his face ended up on t-shirts.Top Gun Preview (0:24:03). Baylor's Robert Little expresses how much a Scripty would mean to him, answers "anonymous" Top Gun questions, and shares the 16 schools invited to Top Gun XVI.Trial Competition Performance Rankings (0:44:01). Adam Shlahet talks about his excellent beard, names Crayola colors, explains why Jared Rosenblatt is like his "little brother," and announces the TCPR 2024-25 winners.The Scripties! (0:59:43). Come for the traditional awards -- Best Trophy, Best Swag, Best Banquet, Team of the Year, Coach of the Year -- and stay for the even bigger awards: Best Use of Email, Worst Results Predictor, Best Virtual Trial Link, and the inaugural Listener of the Year.Mailbag Question (1:12:13). Who would win a fight between 100 humans and 1 silverback gorilla? And -- more importantly -- what is the mock trial equivalent of this question?
Introduction (00:00). Apply for competitions and vote in the Scripties!The Break (06:11). Serious results from Amicus, ridiculous results from Amicus, and a new podcast achievement.Gavel Rankings (12:40). With the semester coming to a close, Gavel founder and head mathematician Jared Rosenblatt shares his calculations and major storylines from the 2024-25 season. He also lodges allegations of snoring and cheating.Shanin Specter: Defending the Rule of Law (25:04). The famed trial lawyer talks about how his firm and other plaintiffs' firms are standing up for the rule of law. (Students who want to sign the amicus brief can click here.)Mailbag (50:26). How do you conduct tryouts?
Introduction (00:00). Spencer and Justin are recovering."Ask Your Law Mom" (02:30). Buffalo Law's Jen Scharf and Lisa Bauer have their own podcast! They do serious work -- offering advice about legal careers -- but we do our best to make this discussion entirely unserious: yoga, Wordle, student slang, headphone squabbles, and an "Ask Your Law Mom" trivia game that Spencer hosts ... and Justin crashes.Vexatious Litigants (31:29). Northwestern's Josh Jones and Baylor's Dan Tilly debate whether judges should receive "bench briefs." They start friendly, but eventually find their vexatious sides.Mailbag (54:38). A certain Disney Adult listener has questions about Spencer's recent trip to Florida.
Introduction (0:00:00). Spencer goes to Disney World ... and he tries to change the world.US News Rankings -- for real this time! (0:09:48). What schools made a big jump? The Break (0:13:28). Results from both Big National Competitions, case balance numbers, and Students of the Week.Predictions Recap (0:18:07). Who's paying for Waffle House? Can judges fit in suitcases? And who's the first lawyer in Lone Star to actually win a mid-trial motion? Chat with the Champs, Part 1 (0:30:57). We interview the St. John's advocates and coaches, fresh off their NTC championship. How did they handle the short prep? What were their themes? Why does their mock trial office look like a frat? And where's head coach Brian Hughes?Chat with the Champs, Part 2 (0:56:11). We interview the South Texas coaches and half of their advocates, fresh off their AAJ STAC championship. When did they start to believe they could win? What did their two very different advocates learn from each other? And what was their haircut strategy?Mailbag (1:19:37). How would you compare NTC Finals and STAC Finals?
Introduction (0:00:00). Discussion of the embargoed 2025-26 US News Rankings.The Break (0:02:34). Results from Ethics, South Texas, Chapman, and two military competitions.Nationals Predictions Contest (0:03:57). South Carolina's Brett Bayne and Cumberland's Judge Roberts -- and an unexpected guest -- predict results from AAJ Nationals and TYLA Nationals. You'll hear about mascots, Waffle House, worm taming, camel spitting, and many, many Southern idioms.Suggested Plagiarism: Bill Barton (0:37:21). After 500 trials -- and induction into the Trial Lawyers Hall of Fame -- Bill Barton offers advice on cross examination: don't "sublimate the jury's anger." Mailbag Question (01:07:31). Are there too many mock trial tournaments? And should mock trial cases be more like the ones young lawyers would actually get to try?
Introduction (0:00:00). Justin apologizes, and atones, for a Cardinal sin.The Break (0:02:15). Results from Queens DA and Cap City. Plus, a new job opening!Vexatious Litigants (0:03:35). Colleague fight! Stetson's Liz Boals and Kate Donoghue debate if competitions are better with "live witnesses" or "team witnesses." Kate insults her boss. Liz threatens her job.Suggested Plagiarism (0:34:07). Dr. Emily Shaw -- a professional jury consultant and successful mock trial coach -- identifies trial lawyers' most common mistakes, reveals the most surprising aspects of her jury research, addresses how much a lawyer's charisma actually matters, discusses how political affiliations affect jury selection, and explains how coaching mock trial has helped her jury consulting (and vice versa).Mailbag (1:07:16). What tournament innovations would you like to see next?
Introduction (0:00:00). Justin gets practical: when do you start planning for next year? Spencer gets philosophical: how do you find the right balance between teaching and other professional obligations? The Break (0:10:41). Results from Trials and Tribulations, and BLSA Nationals!Vexatious Litigants (0:11:26 ). In between vicious insults, Fordham's Adam Shlahet and Hofstra's Jared Rosenblatt debate whether schools should let students compete twice in the same semester. Suggested Plagiarism (0:36:17). Spencer interviews famed trial lawyer Shanin Specter, who teaches a class called How to Ask a Question. We learn some valuable lessons, including: "No one thinks you're as nice as you think you are." "Don't lead the barista." "Don't take &%$% from anyone, including the judge." And Justin's favorite: "Spencer, you're gonna have to take my class now."Mailbag (1:04:22). Three letters this week! Should judge orientations include instruction on proper trial techniques? Can advocates circumvent the "I wasn't asked that rule" with an objection? And do STAC and NTC have more protests than invitationals?
Introduction (0:00:00). Who's at fault for Microphone-Gate?"How I Teach" (0:04:07). Justin is organizing a new EATS presentation -- and he wants your advice. Who would you like to see teach? And on what topics? (Click here to nominate people.)The Break (0:08:16). Which 20 teams are headed to AAJ Nationals? AAJ Report Card (0:10:08). Was the judge shortage solved? What was the case balance in Hunter v. Huffheins and Snoats? Are there any rules that need to be changed? And how does AAJ stac(k) up against TYLA?AAJ Predictions Recap (0:27:03). Katie Powers complains about spreadsheet access, Sara Williams explains the importance of being "vibey," and both ladies continue the art of humblebragging. Who's getting the spa treatment, Katie or Sara?Suggested Plagiarism: Chris Arledge (0:40:46). Coming off his most recent eight-figure verdict, Chris explains how he cross-examines differently than most: with "destinations," "persuasive speech," "multiplying facts," and "thesis statements."Mailbag (1:19:21). A question about NALAE's new All-American Awards.
Introduction (0:00:00). What do we expect for the first in-person STAC regionals this decade?The Break (0:07:02). Results from BLSA regionals. Winners of the Online National Championship. An insult from Jared Rosenblatt. Exciting news from the Pahlke Family. And a mea culpa from Justin.NTC Witness Program (0:11:34). Texas Southern's Tim Adams and Brandon Draper bring back one of the most generous projects in the community. Also: Brandon feels vindication, and Tim makes a campaign speech.NALAE Interview (0:22:52). President Shlahet and President-Elect Schott talk about NALAE's new partnership with AAJ, the new All-American awards, and their "love letters."The Heart of AAJ (0:47:51). Jenn Rafter and Kathryn Schwacha talk about the switch back to in-person competition. We ask Kathryn to give Spencer advice for becoming a personal concierge, and we ask Jenn if she can say "Shlahet Shwacha" five times fast.AAJ Predictions (1:01:02). Cumberland's Sara Williams and Mercer's Katie Powers return to predict the winners of all 10 regions. Sara promises to pay her gambling debt, Katie tries to humblebrag, and we find out who knows more about transportation.Mailbag Question (1:28:30). A.J is still complaining. Plus, a question about and non-vegan alcohol.
Introduction (00:00). What makes this episode different from all other episodes? An evening recording, some adult beverages, and a plea to judge AAJ.The Break (06:18). Results from Shark Beach. Winners of the last 5 NTC Regions. And the final case data for Wooden v. Saban. NTC Predictions Results (14:32). We check in with Jess -- and Marlon Brando -- before crowning a winner. Will Robert be buying lunch? Or will Phil be buying drinks? Will Phil be "massacring Spencer's Boy"? Or will Robert be naming Phil's boy?Suggested Plagiarism: Jesse Wilson (33:02). The famed jury consultant talks about transporting jurors with your use of physical space, not "giving your eyes away too cheaply," and teaching a "Whole Passel of Pahlkes."Mailbag (50:27). Two questions this week! "Why won't Spencer answer my phone calls?" "What is your #1 piece of advice to a coach who wants to see better results?"
Introduction (0:00:00). Spencer skis.The Break (03:14). This week's winner: aesthetic improvements.Suggested Plagiarism: Joel Souza (05:59). The director and screenwriter shares his approaches to storytelling, pacing, character development, and more.Predictions Contest (25:12). After we decided to leave in an outtake, Robert and Phil offer bold sports takes, excellent insults, and a few mock trial predictions. Most importantly, Robert roasts Phil via song.Mailbag (54:21). Three questions this week! One question seeks gossip. One question involves a supermodel. One question asks for the best competition name. Feedspot's 40 Best Legal Podcasts For Law Students:https://podcast.feedspot.com/law_school_podcasts
Introduction (0:00:00). Justin's mom gets yelled at by another team's coach during a Zoom trial, and Justin doesn't appreciate it.The Break (0:05:55). Results from 8 NTC regions, and updated case balance data from Wooden v. Saban -- including detailed data about which parts of trial are won by each party.Suggested Plagiarism: Patricia Glaser (0:17:01). She has represented Conan O'Brien, Miley Cyrus, Paula Deen, and Ryan Seacrest. Here, Patty tells some courtroom war stories, bemoans how "allegations have become evidence" in America, how trial strategy changes when a celebrity is on trial, explains why she represented Harvey Weinstein, and shares her approach to trial techniques -- jury selection, themes, objections, and when to turn up the heat on cross.Vexatious Litigants: Liz Lippy v. Jules Epstein (0:51:14). The two Temple colleagues debate whether case problems should involve sensitive or controversial topics. Since they are reluctant to insult each other, we give them some help...Mailbag (1:28:50). How do you teach students to deal with judges who get things wrong?
Introduction (00:00). An email masquerading as "congratulations."The Break (04:03). The winners of the first two NTC regions, results from Chester Bedell, and case balance data from Wooden v. Saban.Interview: David Ball and Artemis Malekpour (10:16). Two of the most famous jury consultants in America talk about Reptile Theory, the classic book David Ball on Damages, and the #1 advice they would give trial lawyers.NTC Predictions (17:43). Jess Pasquarello shares her thoughts on Robert naming their first child, and then Robert and Phil make their picks for the eight regions competing this week. Mailbag (52:34). Who hacked Joe Lester's website?
We ring in the new semester with:Introduction (00:00). Hiding from relatives, a cross-country roadtrip, and some trials.The Break (11:10). Results from the National Trial League, fantasy football, and the AI Sandbox.The Chapman Challenge (12:40). John Bishop announces a new competition -- March 29-30 in California -- and invites everyone to apply.NTC Predictions (17:55). Robert Little v. Phil Pasquarello, Year 3. Before our contestants predict Regions 4 and 5, they set the stakes. Robert proposes that if Phil wins, Robert buys lunch; but if Robert wins, he gets to name Phil's firstborn child ...Mailbag (46:04). Why is this the 8th season, not the 4th season?
We're back with the Third Edition of the National Flash Trial Competition and its accompanying episode on the pod. This year Berkeley Law's annual tournament expanded to ten teams, meaning we got to introduce two more schools to our tradition of learning through flash trials.Join our erstwhile UC Berkeley undergraduate hosts Lucy Cavalluzzi and Melinda Lu as they embed with teams from Houston and South Carolina to tell the story of this year's National Flash Trial Competition.
In Part Two of our Season Finale:The Champagne Mystery (0:00:00). Who's behind the anonymous alcohol?!The 2025 NTC Case (0:03:02). For the first time in the National Trial Competition's 50-year history, the NTC case was written by law school coaches. A day before the case release, the authors -- Matt Woodham, Nick Cotter, Justin Bernstein -- talk about what's different this year.Vexatious Litigants (0:21:53). Texas's Mike Golden and Nova's Joe Lester debate when coaches should receive results. Come for the debate, stay for the physics theory and personal insults.The Scripties (0:46:33). We announce the Fall 2024 award winners in eight categories, including Best Case, Best Banquet, Best Team, and Favorite Competition. Plus, a few "bonus" categories like Worst Use of Email, Strangest Case Decision, Most Creative Leadership, and more... Mailbag (1:01:41). Why have competition registration fees gotten so expensive? Are they worth it?
Part One of our Season Finale:Introduction (0:00:00). Happy Tofurkey Day.The Break (0:04:45). Results from the Daniel competition, and the most one-sided rivalry in sports.Erwin Chemerinsky (0:05:50). Berkeley Law's Dean talks about the state of US News two years after the big controversy, why many prestigious law schools ignore trial advocacy, and when his CV will include appearances on this podcast.US News (0:25:09). Spencer and Justin discuss this year's US News voting and identify one school that deserves to be ranked higher.Doris Cheng (0:30:50). Justin interviews Walkup partner Doris Cheng about the strategy behind her $15M verdict and the hardest part about teaching trial advocacy.Gavel Rankings (0:43:37). Hofstra's Jared Rosenblatt responds to the "Evil Jared" nickname, announces the "10 hardest competitions," and unveils the top-ranked schools from Fall 2024.Mailbag (0:55:18). Why is witness prep called "woodshedding"?
Introduction (0:00:00). He's just a humble Nebraskan ... who flies to New York for foot massages.The Break (0:06:43). Results from five events. Advocate of the Week. Puerto Rico giving away "Finalist" trophies like Oprah gives away cars. And puppies!!Remembering Arturo Alvarez (0:12:27). The community lost an outstanding and inspiring advocate, Nova Southeastern's Arturo Alvarez. Counselor Counseller (0:14:11). Baylor's new dean Jeremy Counseller talks about his vision for the law school, what it means that Baylor hired a trial advocacy professor as dean, his sweet accommodations in Scotland, and when Robert Little can expect a raise. Suggested Plagiarism: Kathleen Nastri (0:32:32). She's the former president of AAJ. She has a $58M verdict. And she has some suggestions about focusing on more on your own case and less on your opponents' case.The Pace Guys (0:50:54). Jared Hatcliffe and AJ Muller talk about making students do pushups, "Grandpa Lou" Fasulo, AJ's belly dancing, and the names that Pace students use to distinguish Jared Hatcliffe from Jared Rosenblatt. Mailbag (1:18:23). When is a school's repeated misconduct enough that they should be banned from competitions?
Introduction (0:00:00). Justin has a beauty product problem.The Break (0:04:20). The busiest weekend of the Fall -- results from six competitions!Meet Sam DiGiuseppe (0:08:44). Drexel's new Assistant Trial Competitions Director talks about her new role, her white and brown noise machines, the shelves she can't reach at 4'11", tap dancing for her team. We also tried to ask her about [redacted]. Main Interview: John Bishop (0:20:19). Chapman's advocacy director talks about his career as a TV sports producer, the bizarre reason he chose law school, whether he's the best athlete in the trial ad community, and whether he's a spy.Another Main Interview: Tony Ghiotto (0:51:44). Illinois's trial advocacy director talks about his sinful name, his military service, his Twitter attacks on a U.S. Senator, and how he's won so many teaching awards.Scandal at the Premiere (1:16:45). When a team gets caught intentionally breaking the most important rule at the tournament, what should the host do? The four Premiere hosts -- Joe Lester, Phil Pasquarello, Mike Golden, and Justin -- discuss.
Introduction (0:00:00). When Spencer knocks on doors, does anyone recognize him from the podcast?The Break (0:04:11). Results from Quinnipiac, Premiere Austin, and Premiere Fort Lauderdale. Who were the best teams ... and who were the Best Coach-Judges? Adrian Mebane (0:07:00). Loyola Chicago's newly-promoted advocacy director describes her new job duties, her goals, and her unusual gardening style. Main Interview: Jeremy Dailey (0:22:45). Georgia's coach talks about how mock trial changed his career trajectory, his relationship with his mentor Kellie Casey, how gay advocates are treated differently in mock and real courtrooms, cooking 500(!) New York Times recipes, his $15 principle when it comes to wine, and the new FRE rule that creates a privilege for his "hot takes." Vexatious Litigants (0:53:41). Should teams disclose their motions before trial? Judge Erickson says yes, and A.J. Bellido de Luna says no. We also hear about Judge losing football bets, A.J traveling to an "undisclosed location," and the immortal words, "May it please the court. May I blow my nose?"Mailbag Question (1:20:21). At tournaments that allow some schools to bring two teams, should we do anything for schools with one team to level the playing field?
Introduction (0:00:00). Sounds like this episode has a lot of hosts...The Break (0:02:33). Results from Tournament of Champions, Michigan, St. John's, Syracuse, Gold Cup, and Davis MLK.The Moms (0:06:53). Spencer's mom Penny and Justin's mom Anita make their first appearance together. We find out that Penny has now listened to the show ... and Anita asked if one of our guests was single(!). We then play a game to see who knows their son better.The Roast (0:28:01). We invited 11 frequent guests -- Brett Bayne, AJ Bellido de Luna, Liz Fraley, Mike Golden, Liz Lippy, Robert Little, Phil Pasquarello, Katie Powers, Judge Roberts, Jared Rosenblatt, and Adam Shlahet -- to submit 60-second clips making fun of us. We didn't tell them we'd be ranking their roasts. Mailbag Question (0:59:13). A retrospective.
It's election season! This episode features two trial lawyers -- and mock trial veterans -- who used their courtroom skills to get elected as district attorneys. TOC Preview (0:00:00). Who are the new teams? What's the new rule? What do we think of this year's case? And what is Spencer's bold prediction? Main Interview: McGeorge's Thien Ho and Jason Schaff (0:12:41). Thien talks about prosecuting the serial murderer known as the Golden State Killer and winning the seat as Sacramento's District Attorney. Jason talks about defending railroads, tells a truly disgusting courtroom story, explains his love of Southwest Airlines, and explains how he beat Spencer when they were both in law school. Both of them give backhanded compliments to McGeorge's new director, Reza Rezvani. "Chris Three Names" (0:41:05). Justin talks to his college mock trial co-counsel, Chris de Barrena Sarobe, who was elected District Attorney of Pennsylvania's Chester County. Chris talks about his time on Temple's trial team, how mock trial helped him in real trial, and why he'd love to hire your students. Mailbag Question (0:56:21). What advice would you give a new director who's trying to raise their program's profile?
Introduction (0:00:00). Justin gets mocked. The Break (0:03:15). Results from Summit, National Pretrial, and Buffalo. Ravioli as Fiction and Truth (0:05:38). Baylor's Jerry Powell talks about his first novel, featuring a murder mystery in 1800s Waco and Catfish Calloway, the aging trial lawyer who represents the accused. He then gets philosophical about the decline of truth in America — and the increased importance of jury trials.Main Interview: OSU's Elizabeth Cooke (0:40:33). The Ohio State trial advocacy director discusses her Supreme Court brief, how her program has excelled despite attending relatively few competitions, the pleasures of Ohio ice cream, some Ohio State trivia, and her knack for spotting wildlife.Mailbag Question (1:01:21). What should you say to a work colleague who doesn't appreciate the value of hiring grads with trial team experience? Spencer gets angry.
Introduction (0:00:00). Spencer has two family members in trial. Did they consult him for advice? The Short List (0:03:25). Stetson's Kate Donoghue talks about Hurricane Helene, shares the good news of her promotion, and evaluates Justin's hypothetical "candidates" to fill her old position. Main Interview: Dave Schott (0:18:52). Denver's director talks about starting his own law firm, creating a board game, his worst public speaking experience (it's quite disturbing), serving as in-house counsel for a toymaker, and why a TV station named him an "Everyday Hero." He also opens up about his pending lawsuit -- why he sued Denver Law, how this has affected him, and where things stand now.Mailbag Question (1:14:49). What do you do with the student no one wants to work with?Musical Guest (1:20:08). We finish the episode with a musical performance from Professor Schott.
Introduction (0:00:00). Knock-knocks and birthdays.Win, Lose, or Drawl (0:03:23). In a reaction to last week's episode, four Lone Star listeners teach Justin how to talk like a Texan.The Break (0:08:52). Results from Drexel's Battle of the Experts. Spencer administers some truth serum.Vexatious Litigants (0:12:53). South Carolina's Brett Bayne defends the standard "negative space" rule for cross examination, which requires witnesses to concede that anything omitted from their statements didn't happen. Baylor's Robert Little takes the opposite view because he believes in something called "reality." Things get vexatious.Main Interview: Brian Hughes (0:38:01). The head coach at St. John's Law identifies the "irrelevant borough" in New York, recounts his career opportunities as a philosophy major, describes his career as a private investigator's assistant, denies that he's been modeling his entire life after Jared Rosenblatt, plays "Name That Hughes," and explains why he's nearly invisible online: "Brian, what are you trying to hide?"Mailbag Question (1:01:29). What is your least favorite synonym for "mock trial case"?
Introduction (0:00:00).The Break (00:01:41). Results from First Chair New York, First Chair San Diego, and Tex-ABOTA's Voir Dire Competition.Vexatious Litigants (0:03:42). Mercer's Katie Powers argues that teams should not be allowed to protest an invention of fact unless they attempted an impeachment. Drexel's Phil Pasquarello argues they should. High jinks ensue.Main Interview: Jo Perini-Abbott (0:27:33). Lewis and Clark's advocacy director recounts her journey west, explains her program's rapid rise, and tries to run from some prior social media posts. Return Address (00:53:38). Judge Jim Roberts of Cumberland Law sets the record straight about TOC's team selection system. Mailbag Question (1:04:01). Loyola's Susan Poehls asks, what's the ideal number of parties for a competition to host?
Introduction (0:00:00). One tournament ends, another begins, and a third is resurrected. The Break (0:14:34). Results from Berkeley's FlashTrials.Vexatious Litigants (0:15:46). In the first installment of our new debate series, Fordham's Adam Shlahet and Cumberland's Judge Jim Roberts debate whether competitions should send judges the case beforehand. Main Interview: Bobbi Flowers (0:54:03). The first director of Stetson's Advocacy Center talks about 40 years as a lawyer and 30 years at Stetson. What was it like prosecuting public corruption cases? How did she start EATS? Who are the best coaches she's seen? What was it like winning the Triple Crown? Why does she like having tough conversations? How did she "chase the Fall"? And who does she call "The Weasel"?Mailbag Question (1:30:24). Georgia State's Paige Boorman asks, would our community benefit from model rules for competition procedures?
Introduction (0:00:00). Speaking slowly, competing quickly... "...It Happens to All of Us" (0:04:14) Northwestern's Josh Jones and DePaul's Theo Thomas discuss how to more effectively coach Black students and how to build a more inclusive trial program.Where are they now? (0:45:06) 2022 Top Gun champion Haley Kairab talks about what it was like winning Top Gun, how she turned down more lucrative jobs to start her career in the courtroom, the confidence that mock trial has given her, and how she spent that giant Top Gun check.Mailbag Question (0:57:36). Georgia's Kellie Casey asks, should Tournament of Champions should change its selection criteria by including more than just two competitions?
It's Season 7!Season Preview (0:00:00). Justin and Spencer preview the six major storylines for the upcoming year, including some big news: Which three coaches will be writing the NTC regionals case? Which three coaches will be writing the NTC nationals case? Homecoming (0:17:01). Dan Tilly returns to his alma mater, Baylor Law School. He answers absurd questions about why he made the move, explains how his job will change, tells us why his bio is so much shorter than Robert Little's, and wonders what he has to do to finally earn a Baylor email address.Transition to Coaching (0:39:48). Two recent star competitors, Berkeley's Jenna Forster and Baylor's Kris Ruiz, offer advice to others making the transition from competitor to coach. Mailbag (1:06:12). Would you let a student book a flight that risks missing the competition to avoid missing class?
The podcast was supposed to be on vacation ... but we interrupt this summer break for an important update! On May 1 (Episode 89), we covered the witness incident at NTC Nationals. On May 15, TYLA circulated a statement about the incident. We had some follow-up questions. So, we interviewed TYLA and ACTL leadership about the incident -- and a broader range of National Trial Competition topics. We also learned about two significant changes to NTC 2025. Intro (0:00:00). Spencer and Justin chat about their recent law firm training in Seattle, and how they prepared differently when teaching experienced and sophisticated litigators. The Break (0:08:43). Results from Baylor's Top Gun.Top Gun Conversation with Katie Powers (0:10:08). After the UCLA-Mercer final round, Justin and Katie chat about the weekend: how they prepared before they got to Waco, how they handled the hardest 24 hours in mock trial, and what they thought of the final round.Witness Behavior (0:37:07) We asked coaches for questions they'd like us to ask TYLA NTC Co-Chair Dave Hagan about the witness incident. Why was the witness allowed to attend the social events with students after making the offensive comments? Will that witness be invited back next year? Would TYLA handle it differently if it had the chance? Do you think the history of TYLA witness behavior created a culture that led to this? Why didn't TYLA's statement denounce the behavior? And how is TYLA going to change its witness training to prevent this from recurring? National Trial Competition (0:48:41). Dave stays on and ACTL NTC Chair Richard Zielinski joins, as we continued to pose questions asked by coaches. Why do you think people are angry? How do TYLA and ACTL divide duties? How much money does ACTL contribute to NTC? Why have cases been so imbalanced? After this year's cases were more balanced with coach input, will you include coaches (who aren't coaching NTC) not just in the vetting process, but the drafting process? Will TYLA consider providing the witnesses, as it did until recently, to reduce teams' expenses? Dave and Richard answers these questions -- and more -- and announce some major changes to NTC casewriting and witnessing.The After Party (1:31:03). After the interview, Spencer and Justin discuss -- and debate -- what they heard and what comes next.
Introduction. We follow up on last week's NTC critique's and unveil some new competitions.Gavel Rankings (0:10:23). Jared announces the top 10 schools from the '23-24 season, highlights the schools who made the biggest leaps, and wonders if the TOC selection criteria should be updated.Tournament of Champions (0:18:56). Last week, Judge Roberts "translated" Jared, so Justin asks him to translate other community members, too. Then we find out which 16 schools are invited to TOC 2024 -- and who's hosting.Top Gun (0:35:25). Robert Little announces this summer's Top Gun field, shares which tournaments he looks at most closely when deciding invitations, and explains why his office wall has been blank all these years.NALAE (0:48:46). Spencer interviews outgoing president Liz Lippy and incoming president Adam Shlahet about the organization's achievements, goals, and new social media project.Bay Area Trial League (1:16:06). Walkup attorney Jeff Clause shares what he learned.Scripties! (1:25:16) We finish Season 6 by recognizing the community's best competitions, coaches, and programs. Plus, our first-ever Scripty acceptance speech!
Introduction. Spencer hosts solo! The Break (0:02:07). Results from UCLA's Amicus Cup and GW's Estrella -- as well as Stetson's 2024 EATS awards. Anger Translator (0:03:48). President Obama had an anger translator. Now Hofstra's Jared Rosenblatt has one, too. Jared shares his opinions on NTC Nationals -- from the case issues, to pairings that didn't match the rules, to "enlargements" that were too small to read, to the sexist and offensive TYLA witness. And Cumberland's Judge Jim Roberts is here to translate: "What Jared meant to say..." Main Interview: Justin Bernstein (0:36:41). It's the big interview of the big guy. We learn lots about Justin, including: when he won his first trial (and why the verdict wasn't unanimous), what precipitated his mom's concern about his first day at a new school, one of his basketball nicknames (if you know the other, do tell!), why he hates Stanford (but who got the last laugh), his greatest achievement and why it was the punchline of a best-man speech, and a few of his secrets to success at UCLA. Justin explains his unusual career arc: corporate litigator to poker player to mock trial consultant to academia. And we even get him to tell us about how Tom Cruise "coached" him in his early years of mock trial.
Introduction (0:00:00). Spencer knocks on doors. Justin holds tryouts. Main Interview: Thomas R. Kline (0:07:37). The Jim Beasley Story. The Pizza Kelly Story. The Third Chair Story. The "Birthday Present to Myself" Story. The Beating-His-Grandson-at-Squash-and-Talking-Smack Story. Then Tom answers some pressing questions: What's the next Thomas R. Kline School of Law? What's on his Instagram? Will he ever retire? How good are his seats at Sixers games? Is he any good at Bubble Pop? And what does he keep in his pockets during trial? NTC Witness Program (1:00:40). Texas Southern's Tim Adams and Brandon Draper recap their witness volunteer program from TYLA Nationals. Tim jeopardizes his marriage. Brandon gets mocked.
Introduction (00:00). Spencer visits New York. Justin revisits a past mistake.The Break (06:23). Results from STAC Nationals, NTC Nationals, and the San Fernando Valley Competition.Recap from Both Nationals (09:36). How balanced were the AAJ and NTC nationals cases? Did the new coaches review committee make a difference? What did we think of NTC's new fourth preliminary round? Did the new "objections" category make a difference? Will AAJ have in-person or Zoom regionals next year? Predictions Contest (20:02). AJ Bellido de Luna and Brett Bayne join the show ... and hijack the show.US News Analysis (30:13). Justin interviews ONU's Charlie Rose about the recently announced US News rankings in trial advocacy. Then Spencer and Justin offer their thoughts: Why was there so much movement this year? Why do these rankings appear to be more affected by competition results? And what school made the biggest jump?
Introduction (0:00:00). Spencer and Justin answer questions from listeners.Nationals Predictions (0:08:14). Brett Bayne and A.J. Bellido de Luna predict the winners at NTC and AAJ Finals . A.J. tries to color code. It doesn't go well. Both guests manage to offend several schools and coaches while making their predictions. Our Predictions (0:32:42). After Spencer survives a field trip, the hosts make some predictions of their own.Main Interview with Illinois-Chicago's Kelly Navarro (0:42:00). Kelly talks about her career in the Chicago prosecutors' office, how she manages a program of 50 students, the story of the student who got his bar results while he was in trial, skiing during "Birkebeiner Season," and who deserves a Nobel Prize.
Introduction. (00:00:01) Spencer's newest project: The Bay Area Trial League. Justin's newest project: the burger he ate afterwards.The Break. (00:10:54) Results from four competitions -- including some not yet announced on the listserv.Main Interview: Mercer's Katie Powers. (00:15:33) Katie specifies the one instance when she's called "Kathryn," explains how she was appointed to the bench at such a young age, identifies which modes of transportation she helps the government control, acknowledges some culpability for getting a colleague falsely imprisoned, and recounts the time she mistook AAJ's competition director for an Uber driver.
Introduction (0:00:00). Spencer and Justin discuss how they conduct tryouts, and it leads to a broader conversation about how they structure their respective programs at Berkeley and UCLA. The Break (0:14:45). Oops. Losing Graciously (0:17:08). Stetson's Liz Boals and Cumberland's Sara Williams discuss how coaches can teach their students to handle competition losses with professionalism and grace -- and how coaches can model that behavior themselves. Main Interview: Jessica Falkenstein (0:50:45). Drexel's alumni coach clarifies the difference between North and South Jersey, wonders if her father was in the mob, lets Justin test her memory of mock trial opening statements, tells the adoooorable story of how her parents met, acknowledges the photographic evidence that she's shorter than RBG, explains her love of Disney, and repeatedly roasts her husband.
Introduction (0:00:00). Spencer talks about bunk beds. The Break (0:03:51). Results from Queens DA and AAJ Regionals. Predictions Contest (0:06:03). Katie Powers and Sara Williams return to find out who won. Katie answers a mailbag question, and Sara tries to stay out of hot water. Thoughts on AAJ Regionals (00:15:27). Case balance data, some crazy protest stories, and three pet peeves. Main Interview: Megan Chaney (0:38:24). Megan forgets that she was on the show before, explains why the CIA rejected her mother, accepts responsibility for bringing COVID to America, describes her childhood detective work, brags about the #1 strip club in Cleveland, and shares one of most poignant stories ever shared on our podcast: how she met her biological family. Words to Live By (01:27:57). Spencer offers some inspiring quotes.
The Break (0:00:00). Results from South Carolina's Trials and Tribulations and LSU's Bayou Challenge -- including a heartwarming tale of congeniality. AAJ Preview (0:03:35). AAJ's lottery system, whether this competition should still be on Zoom, the new death penalty for "reading," and the quality of this year's case. Predictions Challenge (0:24:02). Mercer's Katie Powers and Cumberland's Sara Williams make their picks for AAJ Regionals. Katie complains about not receiving the rules that she definitely received. Sara announces her "friend," her "girl," and her two "boos." Main Interview: Fordham's Brittany Russell (0:54:53). Brittany talks about the words she mispronounces as a New Yorker, Adam Shlahet's bizarre post-defeat ritual, finding blood in a hotel room, her thoughts about the City of Buffalo, and her eight-figure trial results. Ad for Potential New Sponsor (1:31:51). Let us introduce you to a tech startup...
Introduction (0:00:00). Spencer returns home. Does he still qualify as a California resident? The Break (0:02:28). Results from the Shark Beach Showdown and the Online National Championship. Surprise Guest! Joe Lester. (0:14:34). Joe Lester crashes the Zoom and talks about this first year at Nova Southeastern, does an impression of someone else with a Southern accent, explains why he has so much Coke in his office, and tells us about the inaugural Shark Beach Showdown -- including his mandatory public dancing. Protest Debate (0:33:08). In response to last week's segment, Brett Bayne and Justin debate whether a protest committee should require the protesting team to attempt impeachment by omission. Suggested Plagiarism: Felix Luna (0:58:26). Fresh off an $857,000,000 verdict, star trial lawyer Felix Luna reveals some of his secrets -- including a very cool technique for directing experts.
Introduction (0:00:00). Mailbag questions. The Break (0:07:05). Results from the last weekend of NTC regionals, the final stats from Robert v. Phil, and the winner of Spencer and Justin's bet. Convene the Protest Committee! (0:15:24). Loyola's Susan Poehls, Fordham's Adam Shlahet, and South Carolina's Brett Bayne discuss how they would have handled each of five protests. Can I Get A Witness? (0:50:24). Texas Southern's Tim Adams and Brandon Draper announce a new witness program for NTC Nationals. Auditions for a Potential Sponsor (1:03:28). A technological innovation that could change your life.
Introduction (0:00:00): Spencer returns from his jaunt. The Break (0:05:34): Results from Chester Bedell and Weekend Two of the National Trial Competition, and updated case balance numbers. Changes Coming to NTC (0:12:00): Justin puts some direct questions to NTC Co-Chairs Dave Hagan and Ryan Bauerle. Why was the first version of the case so at odds with the community case-writing memo? Why were major case changes released 16 days before the first competition? Will you allow coaches to vet case problems before their release? Dave and Ryan answer the questions -- and make two big announcements about NTC Nationals. Predictions Contest (0:55:49). Robert attempts a comeback against Phil, and Phil attempts an impression of Robert. Auditions for a Potential Sponsor (1:18:01). Eat fresh.
Introduction (0:00:00). Spencer makes an absurd itinerary. We discuss the first Berkeley-UCLA scrimmage. And Justin narrates as Spencer's lights keep going out while we record.The Break (0:09:28). Results from the National Trial League Finals and Weekend One of the National Trial Competition.Is Justice Jackson Guilty? (0:11:39). Justin crunches the case balance numbers from the first six regional competitions and shares three big takeaways.Main Interview (0:22:26). Villanova coaches Steve Patton and Zack Wynkoop explain how they've achieved big success without big resources, how they transitioned from being student leaders to being coaches, and their front-row seat for a certain Philadelphia rivalry.Predictions Contest (0:52:42). Robert Little falls behind, but that doesn't stop him from making fun of Phil Pasquarello. As they make their picks for NTC Weekend Two, Phil makes the first trade offer in predictions contest history. And Robert exercises discretion with the "Pasquarello Bump." Auditions for a New Sponsor (1:17:30). This time we make a pitch to the paper industry.
Introduction (0:00:00). Spencer and Justin get ready for their teams to scrimmage. NTC Survey Results (0:02:44). What did coaches say about the case? The case changes? The enlargement rule? Do people like "live" witness -- or consider them a burden? NTC Predictions Contest (0:29:31). Baylor's Robert Little and Drexel's Phil Pasquarello make fun of each other for 30 minutes. They also spend a few minutes predicting the results for the first weekend of NTC regionals. Auditions for a New Sponsor (1:02:26). After the Haagen Dazs rebuff, Justin and Spencer do an ad-read for a potential new sponsor.
Season six is underway!Introduction (0:00:00). Justin shares some big news. Spencer attempts a bribe. Tribute to Nancy Schultz (0:09:24). Stetson's Liz Boals, Nova's Joe Lester, and Chapman's John Bishop talk about their friend -- and in John's case, mentor -- Chapman's Nancy Schultz. Sponsorship Update (0:36:53). Justin asked Haagen Dazs to become an official sponsor of the show. They responded. Main Interview: Rick Levin (0:41:32). Northwestern's longtime coach shares his "dorkiest" closing argument, talks about getting booted from his law school trial team, describes working for a "lunatic," calls Spencer a "schmuck" ("but not in an insulting way"), and finishes with his best story.P.S. If you'd like to receive email updates about the show (e.g., announcing new episodes), but you're not on the Trial Ad listserv, click here or go to www.unscripteddirect.com.
Hi Everyone!Hope your holiday season has been relaxing and rejuvenating! Just when you thought Season Five was over, we thought we'd interrupt your break with a little unscripted fun, with the second edition of our from-the-trenches reporting of the National Flash Trial Competition. Introduction (0:00:00). Where has Justin gone? And who is that in his seat? Sam Chase joins as co-host.Flash Is Back! (0:03:58). UCLA undergraduate national champions Arneet Gurtatta, Sulaymaan Ali, Jad Soucar, and Kole Alfonso jump in to cover the action on the ground at the Second Annual National Flash Trial Competition, hosted by Berkeley Law. 6 different flash patterns...in 3 days...means excitement and exhaustion for all!Wildly Inadmissible (0:53:39). Oh...that's where Justin went. Weird. Special thanks to our sponsors for making the 2023 National Flash Trial Competition possible! They are Walkup, Melodia, Kelly & Schoenberger; JAMS; Venable LLP; Munger, Tolles & Olson LLP; and King & Spalding.
Our final episode of Season Five!Introduction (0:00:00). TYLA announces a good rule, and the ABA contemplates a bad rule. (To send a comment to the ABA, email Fernando.Mariduena@americanbar.org and refer to Standards 304, 405, 701, and 702. )US News (0:05:40). With ballots coming out soon, we examine statistical trends in the US News voting. What's changed about the way people vote? Do competition results matter more or less? And which school was the most underrated in the most recent USN trial advocacy rankings?The Billion Dollar Man (0:14:11). Star trial lawyer Khaldoun Baghdadi talks about winning a billion dollar verdict ... but losing arguments to his teenage daughter. Main Interview with A.J. Bellido de Luna (0:28:01). The St. Mary's director opens up about his ongoing fight with cancer. Scripties! (1:04:31). We announce the community votes for Best Case, Swag, Banquet, Competition, and more.Wildly Inadmissible (1:16:05). Judge Roberts makes an unusual fashion statement.
Introduction (0:00:00). Spencer and his brother Jackson explain their recent multi-million dollar verdict -- and what it was like trying a case together. The Break (0:16:34). Final results from the Fall. Who Won? Gavel Predictions Contest (0:18:21): Hofstra's Jared Rosenblatt announces the top 10 schools of the Fall, and Quinnipiac's Sean McGuinness and Ryan O'Neill find out who won their predictions contest. In the process, Justin asks Jared about his failing fantasy football team and whether he's worried about being ousted as Gavel CEO. How to Get Published (0:36:06). Stetson's Liz Boals, Campbell's Dan Tilly, and Texas Southern's Brandon Draper discuss how to choose a topic, how to write the article, and how to get published (and how to deal with the celebrity status when you do get published). Wildly Inadmissible (1:01:51). Grant Rost took his celebrated teaching drill a little too far.
Introduction (00:00). Spencer goes to trial (with his brother!), and Justin goes to a wedding.The Break (04:13). Results from five competitions.Scripties Preview (08:14). Click this link to vote for this Fall's best competitions.Suggested Plagiarism (09:32). Rick Friedman has won three $100,000,000 verdicts and written five bestselling trial books, including Rules of the Road: A Plaintiff Lawyer's Guide to Proving Liability and The Elements of Trial. He discusses how and when to interview lay witnesses, how and why to "polarize" the case, and why the goal of cross-examination can be clarity, not contradiction.Wildly Inadmissible (40:42). Cumberland's Matt Woodham has had an educational impact far greater than writing the last three Tournament of Champions cases ...
Introduction (0:00:00). Sam puts on a wedding ring, Spencer puts on a costume, and Justin puts on a tournament. A new national competition (0:06:20). Find out the details! The Break (0:09:04). Results from four competitions! Where are they now? (0:11:36) Akron's Imokhai Okolo leaves a big firm and hangs his own shingle. Main Interview (0:21:31). McGeorge's Reza Rezvani tells us how he tried 15 civil cases in 2 years, talks lesson stacking as a strategy for teaching, tells us stories of Jared Rosenblatt's youth, and may have the secret to beating Justin in basketball. Wildly Inadmissible (1:06:20). Who is rumored to be the next 007?
Introduction (00:00). Spencer celebrates a birthday. Justin shares some big career news.The Break (07:16). Results from four competitions!Main Interview with Paige Boorman (09:01). Georgia State's director breaks into song, introduces "Sad Lunch" into mock trial lexicon, exaggerates her abilities as a markswoman, and humors Justin by playing a game called, "Georgia or Georgia State?" Wildly Inadmissible (40:34). Did you know that Katie Powers and her family are embroiled in some major litigation?