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May the Record ReflectAuthor: National Institute for Trial Advocacy
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 presencealong with ethics, professionalism, and lawyer wellbeing. Whether youre preparing for trial, handling highstakes hearings, or looking to sharpen your advocacy skills, May the Record Reflect delivers insights you can put to work right away. 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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81. Twelve Elements of Assertive Delivery, with Hon. Chris Whitten and Dr. Karen Lisko
Episode 81
Wednesday, 19 August, 2026
Whether you’re conducting a new client intake, deposing a witness, running a meeting on Zoom, or defending a client in the trial of their life, you must be an effective communicator. In this episode, Maricopa County Superior Court Judge Chris Whitten is joined by legal communications expert Dr. Karen Lisko to break down twelve communication attributes—six verbal and six nonverbal—that you can polish. All it takes is self-awareness and a little practice, and Dr. Lisko and Judge Witten tell you where to start. Topics5:43 Assertive versus aggressive communication styles7:51 Adopt a conversational pace10:34 Pause to punctuate your point14:37 Replace Your Vocal Fillers23:49 Amplify Your Volume28:19 Reach Down for Your Deepest Natural Pitch39:18 End with a Downward Inflection40:54 Smile48:10 Make “Kind Dynamite” Eye Contact52:13 Literally Lean In54:41 Use Hand Gestures Well58:33 Have an Active Listening Face1:00:26 Try “Hinging” Your Head Periodically1:04:19 Signoff questionsQuotes“One of the things that I often find when I deal with someone who lacks confidence is that when they do increase their volume, it has some byproduct advantages. And I can’t explain why from a social science perspective, but it I just keep seeing it, where when someone increases their volume, their face gets more animated, their eyes get brighter.” Dr. Karen Lisko“As a fact finder, when you don’t give me that pause, especially after important evidence comes in, I find myself thinking or having an internal dialogue about what that just meant. And I miss like half of what the next thing you say is. And so those pauses are just so, so welcome for me when I’m listening.” Hon. Chris WhittenResourcesHon. Chris Whitten (LinkedIn)Dr. Karen Lisko (bio)Twelve Essentials of Assertive Delivery (free download)Kind Dynamite (book)NITA Women in Trial (program)Advanced Trial Skills (program)Building Trial Skills: San Diego (program)
