The Hearing – A Legal Podcast

Most people would agree that lawyers and doctors should have professional licenses and oversight to protect the public from malpractice. But does the licensing system actually serve its intended purpose? In this episode, join host Janelle Wrigley for an insightful conversation with Professor Rebecca Haw Allensworth of Vanderbilt Law School, as she discusses her book, ‘The Licensing Racket: How We Decide Who Is Allowed to Work and Why It Goes Wrong’. Professor Allensworth delves into the complicated, and occasionally fraught, world of professional licensing, including in law and medicine, exploring how the licensing system affects workers and consumers alike. They discuss the unintended consequences of self-regulation, impacts on innovation, and ideas for reform. With real-world examples and thought-provoking insights, this episode sheds light on a topic that impacts our daily lives more than most of us might realize.

Those who could benefit most from the legal system are often those least able to access it. As this episode's guest, Stephen Kinsella, notes, "There are only so many cake stalls and jumble sales you can have in a local community, in order to raise funds to pay a lawyer." So that's where his organisation, Law for Change, steps in – as a Community Interest Company that helps provide financial backing and indemnities to cover legal costs for cases with significant societal impact. Join host Becky Annison as she and Stephen discuss the motivations that led him to set up Law for Change and how the organisation selects its cases to carry out its mission. With an eye toward cases that will benefit society, or that could establish or refine important legal principles, the organisation has assisted with cases across a broad spectrum, including on issues such as fracking and police misconduct. More broadly, Stephen talks about current challenges facing the UK legal system, including court backlogs and antiquated systems, and his concerns about a judicial system that relies on philanthropy to fill gaps. You can find out more about Law for Change here: https://www.lawforchange.uk

In this episode, Dan Nardello, the founder of top-tier investigative firm Nardello & Co., speaks with host Teneé Frazier about the evolving role of private investigations within the legal industry. They discuss the increasingly sophisticated nature of investigations, their essential role in complex litigation and dispute resolution, and the need for strict ethical adherence. Their conversation delves into the methodologies used in special investigations, from public records reviews to strategic interviews. It also explores the challenges of navigating different legal systems, particularly concerning privacy regulations in the UK and US. And Dan shares tips on exercising due diligence to mitigate risk when hiring a private investigation firm.

The world can feel hopelessly polarised at times, especially on topics such as racism and criminal justice. If your spirits need lifting, and if you need reassurance that respectful dialogue is possible, even if people disagree with each other, then this episode is for you. Abimbola Johnson, a barrister at London's Doughty Street Chambers, speaks with host Yasmin Sheikh about her work as chair of the Independent Scrutiny and Oversight Board, which addresses racism in policing. They discuss the importance of having challenging conversations in ways that maintain respect for differing viewpoints and Abimbola's hopes for the legacy of the Board's Police Race Action Plan (https://www.npcc.police.uk/our-work/police-race-action-plan/) as it enters its final year.

In a recent survey, 79% of legal professionals said they felt the profession had negatively affected their mental health. And over 15% had even considered suicide. These are two of the worrying statistics we learned from this episode's guest, Kent Halkett. Kent is an attorney with the Tennessee Alliance for Legal Services who has written articles about mental health in the legal community for a host of publications. Kent chats with host Teneé Frazier about his journey to becoming an advocate for improving mental health within the legal profession. Kent shares the story of his own mental health challenges, which culminated with him attempting suicide. He explains how publishing his story catapulted him, and this often-taboo subject, into the spotlight. During their conversation, Kent describes some of the warning signs of mental health issues, stresses the importance of a work-life balance, and outlines the support available for those in need. Kent also shares insights on how the problem could be addressed, such as by increasing awareness through better education – both in law schools and as part of continuous professional development. You can find out more about the ALM and Law.com Compass mental health survey of the legal profession here: https://www.law.com/americanlawyer/2024/05/17/mental-health-by-the-numbers-the-2024-survey-infographic/?slreturn=20250123165408 You can read one of Kent's articles, Mental Health in the Legal Profession: A Crisis, a Case Study and a Call to Action, here: https://www.tba.org/?pg=Articles&blAction=showEntry&blogEntry=59057

We are leaving future generations to face more challenges than ever. Yet it can be incredibly difficult for governments to act for the long term when so many of their incentives encourage short-term thinking. In this episode, host Becky Annison chats with Derek Walker, the Future Generations Commissioner for Wales, about how Wales is attempting to solve this problem. Derek explains why Wales passed the Well-being of Future Generations Act, how this pioneering legislation obliges the Welsh government to act for the long term, and whether other nations can follow this example.

Native Americans are fighting for their legal rights across many important fronts in the US. In this episode, Janelle Wrigley speaks with Matthew Campbell, Deputy Director of the Native American Rights Fund, about NARF's legal and advocacy work. Matthew and Janelle's wide-ranging discussion covers issues such as voting rights, the protection of places that are sacred to tribal nations, and access to natural resources. They also discuss the sovereignty of tribal nations, their relationship with the US government, and the challenges of ensuring access to voting.

In this chat, Lucie Allen, Managing Director of BARBRI, dives into the shifting landscape of legal career development. She highlights the impact of new qualification standards and the need for resilience and adaptability among legal professionals. Lucie shares her journey as a menopause advocate, emphasizing the importance of open conversations in the workplace. They discuss the transformative potential of the SQE for enhancing diversity in legal education and the vital role of supportive environments in fostering professional growth.

"From 1910 to 1997, Black Americans have lost 90 percent of farmland to heir property. The Department of Agriculture has deemed it the worst problem that you've never heard of." These are just two of the staggering facts we've learned about heir property from writer and author Terah Shelton Harris. Terah chats with new host Tenee' Frazier about her recent novel, Long After We Are Gone. It's about a family trying to save their ancestral land from being taken from them – shining a light on the damaging effects of heir property. She explains what heir property is, the detrimental effects it has on property ownership in African American communities, and the steps heirs should take to avoid land loss. Terah also shares her journey to becoming an author and the life events that helped shape her writing style.

"Mind your privilege, give not away your right!" With those words, William Penn urged the jurors in his 1670 religious freedom trial to remember the power and the responsibility of their role in the English judicial system. For this episode, we return to the topic of jury nullification – the power of juries to acquit despite evidence of the defendant's guilt – with a fresh take from the UK. Professor Richard Vogler of the University of Sussex chats with host Becky Annison about the role of jury nullification, going all the way back to William Penn's trial in the 17th century up to its relevance in climate change cases of today. They discuss why legal institutions began viewing juries with more suspicion from the 1970s, and why it’s more important than ever to defend the jury's place within our legal system – including its power to nullify convictions. For more on this topic, listen to Janelle Wrigley’s conversation with Glenn Reynolds, from the University of Tennessee, about jury nullification in the US (ep.159) – https://pod.fo/e/269d1a.