Unscripted Direct

Unscripted Direct

By Spencer Pahlke and Justin BernsteinEducation
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Unscripted Direct episodes

  • Episode 118 - "Ask Your Law Mom"

    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.

    59 min
  • Episode 117 - Chatting with the Champs

    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?


    1 hr 27 min
  • Episode 116 - "Otto is a Sentient Citrus" (Nationals Predictions with Judge Roberts and Brett Bayne)

    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?

    1 hr 14 min
  • Episode 115 - What Percentage of Real Lawyers Would Make Your Mock Trial Team?

    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?

    1 hr 13 min
  • Episode 114 - "How to Ask a Question" (Interview with Shanin Specter)

    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?

    1 hr 11 min
  • Episode 113 - "Dragging Hostages" - Star Trial Lawyer Chris Arledge on How He Cross-Examines

    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.

    1 hr 22 min
  • Episode 112 - STAC is Back (In Person)

    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 non-vegan alcohol.

    1 hr 32 min
  • Episode 111 - Predictions Have Consequences

    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?"

    57 min
  • Episode 110 - The One Where Robert Little Sings

    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

    1 hr 1 min
  • Episode 109 - Liz v. Jules (and Hollywood Legal Legend Patty Glaser)

    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?

    1 hr 34 min

About Unscripted Direct

From the publisher's feed

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…