Spencer Pahlke and Justin Bernstein
Unscripted Direct
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).
Author
Spencer Pahlke and Justin Bernstein
Category
Podcast website
Latest episode
Jun 3, 2026
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Episodes
Episode 58 - How to Get Away With Hearsay 20.04.2023 1:17:50
(0:00:00) Spencer and Justin talk about how their programs are wrapping up this season — and what they’ll be hosting next season. (0:07:30) The Break: Results from GW’s Estrella and two inaugural competitions: the Crimson Cup at Harvard, and the Amicus Competition in Las Vegas. (0:08:41) She Killed the Cows. TYLA's Major Atina Stavropoulos joins us to discuss her work as a JAG attorney, “nom...
Episode 57 - An Expensive Revenge 13.04.2023 55:49
(0:00:00) We say goodbye to Judge Roberts, but he doesn't want to leave. (0:11:23) The Break. Results from the Bayou, New Orleans, and San Antonio. Plus, some interesting case balance stats. (0:17:42) Howard's Hon. Adam Hunter. In one of the most inspiring interviews we've had, Judge Hunter talks about coaching his alma mater, his new job as an administrative law judge, and the one...
Episode 56 - Spencer and Judge's Excellent Adventure - Part 2 10.04.2023 1:12:20
Spencer is joined by Judge Jim Roberts (Cumberland Law), as they travel to both national competitions in one weekend! In Part 2, they head to New Orleans for AAJ's Student Trial Advocacy Competition. They enjoy war stories from one of the Big Easy's most famous trial lawyers, interview AAJ's president and staff, chat with coaches, and eavesdrop on the trials and announcements. They...
Episode 55 - Spencer and Judge's Excellent Adventure - Part 1 06.04.2023 1:07:43
Spencer is joined by Judge Jim Roberts (Cumberland Law), as they travel to both national competitions in one weekend! In this episode — Part 1 — they start in San Antonio for TYLA’s National Trial Competition. They talk to coaches and students, interview Fellows from the American College of Trial Lawyers and leaders from the Texas Young Lawyers Association, and capture audio from the actual trial...
Episode 54 - Don't call it "word pictures" (Suggested Plagiarism with Jerry Powell) 30.03.2023 1:24:00
(0:00:01) Spencer enjoyed the ambience of a New York restaurant, but is rudely selective in his invite list. Justin is busy in Westwood, and planning a hectic itinerary for the week. Also we learn about a new character for next week’s episode. (0:04:40) The break. (0:06:15) Suggested Plagiarism. Baylor Law’s Professor Jerry Powell steps out of retirement to teach us another lesson on how to...
Episode 53 - The Art of Explaining Science (with go-to trial lawyer Alexandra Walsh) 23.03.2023 1:06:44
(0:00:01) Spencer goes skiing, Justin and his students publish an unusual mock trial case, and we discuss the best sports upset of the week. (0:09:38) Two Nebraskans: Steve Schmidt, head coach of Nebraska's team, talks about their regional win and their nationals preparation. Spencer wears his Nebraska hat. (0:24:13) Secret to Success: We interview Dr. Ethan Hinds, the psychologist who helped...
Episode 52 - The Billion Dollar File Cabinet (Analogies with superstar trial lawyer Bob Van Nest) 16.03.2023 1:04:36
(0:00:01) Spencer and Justin are relieved to learn that, despite the listserv eulogy, Rob McFarland is still alive. (0:11:18) The Break : Results from Trials and Tribulations. (0:11:58) Tournament Recap with Brett Bayne , who explains TNT's novel three-party format. (0:26:11) Jonathan Miller describes his new career as a travel advocate for trial advocates. (0:36:24) Suggested Plagiarism: Bo...
Episode 51 - How to Run a Classroom (NITA's National Education Director Dr. Rhani Lott Choi) 09.03.2023 1:12:11
(0:00:00) Spencer returns to the show. We somehow discuss whether public defenders should ever hire former prosecutors. (0:05:21) Mailbag! We answer listener questions: first about the etiquette of applying to a competition but declining an invitation -- and then some follow-up questions to Spencer's interview last week. Justin gets to watch Spencer dance hip hop. (0:15:14) The Break : Resul...
Episode 50 - A Top One Pahlke (Main Interview with Spencer Pahlke) 02.03.2023 1:18:58
To celebrate the 50th episode, we decided to mix it up. Spencer switches seats from co-host to interview guest, and Justin hosts solo. (0:00:00) Introduction. Justin has a few thoughts about Stanford. Spencer isn't there to stop him. (0:03:42) The Break . Results from Cap City. (0:04:10) Predictions are Hard . Mercer's Katie Powers and Stetson's Kate Donoghue forecast winners from a...
Episode 49 - The Big Bad Wolf (storytelling with Grant Rost) 23.02.2023 1:24:57
(0:00:00) Spencer enjoys a new closet. Justin enjoys a new family member. (0:04:31) The Break : Results from Costello, Chester Bedell, and the last weekend of NTC regionals. Plus, a necropsy of the cows case. (0:13:04) Suggested Plagiarism: Liberty's Grant Rost teaches storytelling and socio-drama with the help of three pigs and a wolf. (0:42:56) Predictions are Hard : The winner is exalted...
Episode 48 - Bad Facts (with superstar trial lawyer Ben Rubinowitz) 16.02.2023 1:11:43
(0:00:00) Spencer reflects on his return to coaching and talks about a new NALAE survey. (0:13:15) The Break : Who won the seven regions this past weekend? Who killed the cows (i.e., updated case balance numbers)? And where did all the judges go? (0:17:30) Suggested Plagiarism : Ben Rubinowitz is a star trial lawyer -- four-time winner of Best Lawyers' Lawyer of the Year and selected to the...
Episode 47 - Guess Who's Invited to Dinner? (Jury Selection with Judge Weems) 09.02.2023 1:27:20
(0:00:00) Spencer travels the country. Justin searches for a missing judge. (0:05:02) The Break: Results from the first six regionals -- and the case balance numbers from NTC Week 1. (0:08:45) Suggested Plagiarism: Houston's Judge Christine Weems explains how she teaches jury selection. It involves Barack Obama, popcorn, Twitter, and Jennifer Lawrence. (0:38:14) Hanging with the Hagan : NT...
Episode 46 - NTC Predictions 02.02.2023 1:11:48
The NTC season begins this week, and so does the fourth season of Unscripted Direct. (0:00:00) We catch up on our winter break achievements. Spencer won a jury trial. Justin watched good TV. (0:08:23) The Break: At the National Trial League finals, one coach makes history. (0:10:11) Suggested Plagiarism: In our new segment, we interview (and steal ideas from) world-class advocacy teachers about s...
Episode 45 - US News (with Erwin Chemerinsky) 01.12.2022 1:35:33
In our final episode of the semester, we focus on US News rankings -- with the help of two very special guests. (0:00:01) Intro. Spencer celebrates Thanksgiving. Justin becomes an uncle. And we chat with Spencer's law partner, Valerie Rose, who shares an embarrassing fact about Spencer. (0:21:55) The Break. We recap results from the Daniel Competition -- and reveal the Top 10 schools in the F...
Episode 44 - The Scriptie Awards 17.11.2022 1:02:10
(0:00:01) Introduction . Spencer recalls a momentous experience, and Justin acknowledges a personal defeat. (0:10:15) The Break . Results from Case Classic, National Trial League, All Star Bracket Nationals, the Kelly Competition, and -- most importantly -- the 281st Judicial Division in Texas. (0:14:04) Tournament Preview : Georgia State's Daniel Competition, with Paige Boorman. We learn ab...
Episode 43 - Decision 2022: Adam v. Jared 10.11.2022 1:14:00
It's Election Week in America -- the perfect time for our first no-holds-barred debate... (0:00:01) Introduction. Spencer goes door to door in Reno. Justin stumps for the Scripties. Click here to vote! Voting closes Sunday at midnight, and the winners will be announced next week. (0:05:44) The Break . Results from Quinnipiac's Criminal Competition and Loyola's National Civil Trial...
Episode 42 - Protest Committee of One 03.11.2022 1:58:42
(0:00:01) Introduction. Spencer goes trick-or-treating. Justin recruits some celebrity judges for Tournament of Champions. (0:07:58) The Break . Results from St. John's, Georgetown White Collar, and Tournament of Champions. Spencer asks Justin about the UCLA threepeat -- and whether they will be hosting for the next two years. (0:13:51) National Civil Trial Competition with Loyola's Sus...
Episode 41 - Man Bites Dog, Dog Hires Wilton 27.10.2022 1:48:42
(0:00:01) Introduction . Spencer and Justin set the table. (0:02:30) The Break . Results from three tournaments and a controversy at one. (0:06:52) Preview: Tournament of Champions . Spencer offers a sharp critique. Justin explains why UCLA decided to enter a team while hosting. And we preview the Fall's most difficult competition. (0:36:01) Question of the Week. In our first semifinal, Cumbe...
Episode 40 - Flash Back! 25.10.2022 1:18:27
We interrupt your regularly scheduled podcast listening routine with a special bonus episode! My trial competition class out here in Berkeley is coming to a close soon, and flash trials are in the cool autumn air. Seemed like a perfect time to broadcast the episode that tells the triumphs and almost-triumphs that made up the story of the first-ever National Flash Trial Competition. This is also...
Episode 39 - "$@%& Around Funhouse is Over" 20.10.2022 1:42:33
(0:00:01) Introduction . Spencer announces a bonus episode. Justin has a big date. We provide updates on a cheating scandal. And we introduce the "Scripties." (0:07:07) The Break . Three sets of tournament results: Buffalo, MLF Davis, and California Association of Criminal Justice. (0:09:03) El Presidente . NALAE's new president, A.J. Bellido de Luna, answers the tough questions a...
Episode 38 - Mega Millions 13.10.2022 50:30
(00:01) Introduction . (02:50) The Break . Results from Stetson's National Pretrial Competition, All Star Bracket, and All Star National. We also announce the winner of Mock Madness! (07:48) Tournament Spotlight . We chat with Buffalo's Jennifer Scharf about surfing, wine, and whether the wings in Buffalo really are better (we also ask her a few questions about the Buffalo Niagara tourna...
Episode 37 - Gavel Rankings! 06.10.2022 1:03:26
(0:00:01) Introduction . Spencer gets to a reunion. Justin gets COVID. (0:06:40) The Break . Results from Denver's Summit Cup. (0:08:07) Tournament Spotlight. A preview of the country's largest invitational competitions. (0:11:46) Question of the Week . Campbell's Tatiania Terry v. Wake Forest's Ashley DiMuzio. These two have history! Their schools are in-state rivals, and t...
Episode 36 - Squid Game 29.09.2022 1:51:23
On this week's episode: (0:00:01) Introduction . Spencer has a powerful class session, Justin misses a tournament, and TYLA announces that 2023 regional hosts have a choice: in person or online. (0:12:45) The Break. Results from Battle of the Experts! And some interesting phrasing from Spencer... (0:15:49) Tournament Spotlight: Denver's Kevin Keyes previews Summit Cup '22 -- and dis...
Episode 35 - TYLA Spills The Tea 22.09.2022 1:51:07
On this week's episode: (0:00:01) Introduction. The new list of "Top 45 Law School Podcasts" is out. Plus, good suggestions from listener Ashley Menage of South Texas. (00:09:37) Tournament Spotlight. Drexel's Phil Pasquarello tells us about all the changes to this year's Battle of the Experts, shares a new wrinkle to the Drexel-Temple rivalry, and explains what it'...
Episode 34 - Flash, Clash, and Backlash 15.09.2022 1:35:03
Flash Trial results. Clash between Campbell faculty. Backlash from the now-infamous Draper Memo. On this week's episode: (0:00:01) Introduction . Spencer recaps a successful weekend hosting the National Flash Trial Competition, as teams show what they can do with just 60 minutes to prepare a case. Justin recaps a whirlwind weekend where he got to say "May it Please the Court" -- a...
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