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May the Record ReflectAuthor: National Institute for Trial Advocacy
If youre a litigator or trial lawyer, your life is fullin 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 its interesting to you, too. Trial skills, office life, personal development, and moreits all fair game on May the Record Reflect. Language: en-us Genres: Business, Courses, Education, Non-Profit Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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75. Prep for Success: Controlling Your Witness through Thorough Preparation, with Tom Innes and Mary DeFusco
Episode 75
Wednesday, 18 February, 2026
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 control in ever-important prep sessions prior to testimony—and they share hands-on, practical tips that will help your witness give their testimony while staying cool and collected, on track, and under control. Topics4:04 Why preparation is the first step5:38 Deposing Dr. King on The Pitt8:11 Your witness’s role 10:30 Organization of testimony, explained11:50 Under pressure13:50 Cross prep15:33 Practice pointers19:13 Ethical considerations23:02 Signoff questionsQuotes“Practice having the witness speak to the jury both on direct and cross. Speak to the jury—even if all you can do is set up some empty chairs as a jury box.” Tom Innes“It’s a really bad look in front of a jury when the witness answers every question promptly on direct but then very slowly on cross.” Mary DeFuscoResourcesTom Innes (bio)Mary DeFusco (bio)Judge L. Felipe Restrepo (bio)Building Trial Skills: Philadelphia (program)Cross-Examination Math (podcast episode)
