Higher Callings

The act of governing is an exercise of power. Part of the genius of the United States Constitution is that it does not place all the power in a single ruler, but distributes it across three branches – the legislative, which is Congress, the executive, which is the President and federal departments and agencies, and the judicial, which is the federal courts. This is what we call the separation of powers, a fundamental principle of American constitutionalism. And when we talk about checks and balances, we often are talking about how each branch, when necessary, exercises its own power to limit the power of the other two. 

The last few years in American politics have given us an advanced course in these basic principles. We’ve seen the House of Representatives exert its impeachment power over the President, only to be stymied by the Senate’s unwillingness to convict. We’ve seen Presidents attempt to circumvent the power of Congress by issuing executive orders to accomplish what Congress was unwilling to do. And we’ve seen the courts exert their power over those Presidents by striking down executive orders that they believed exceeded the Presidents’ authority. 

Ultimately, the United States Supreme Court is entrusted with the power to determine whether the legislative or executive branches and even the lower federal courts have exceeded the bounds of their Constitutional powers. In its last term, the Court issued several decisions that have arguably resulted in significant shifts in the balance of power among the three branches. A number of those decisions concern the allocation of power between administrative agencies on the one hand and the federal courts on the other. Another decision which is still making major headlines was the court’s decision in Trump v. United States. There, the Court, for the first time in American history, immunized a former President from criminal prosecution for official acts the former President engaged in during his Presidency.

Last year, Suffolk University Law Professor Renee Landers joined me as my guest on Higher Callings to unpack some of the major decisions from the Court’s 2022 Term. I’m pleased and honored to have Professor Landers back this year to discuss some of these cases from the Court’s most recent term, their implications for the separation of powers, and what they may portend as we enter a new era of single-party control over the federal government. 

If you have enjoyed the Higher Callings podcast, you might also enjoy Don's Substack Newsletter, Reflections of a Boston Lawyer, which you can find here: https://donaldfrederico.substack.com/

When you hear the word “lawyer,” what adjectives come to mind? Obnoxious? Over-priced? Untrustworthy? Or maybe skillful? Smart? Respectable? How often when you think of lawyers do you think “loveable?”  

Danny Karon is a Cleveland-based lawyer who has branded himself as “Your Loveable Lawyer.” To know Danny is to know that that description works. More familiar to some of us as an accomplished class action lawyer who for years ably led the American Bar Association’s national institute on class actions, Danny has also been teaching class actions and complex litigation to the next generation of lawyers at some of the country’s finest law schools and serving as a television news commentator discussing high profile legal cases.  

As “Your Loveable Lawyer,” Danny Karon arms consumers with the knowledge they need to navigate the confusing web of laws that can affect their everyday lives, what Danny calls their “legal wellness.” He does so by packaging complex and often tedious material into short video vignettes that are both accessible and entertaining. And he is working on a book that will draw from his real-life experiences to inform and educate consumers about the same types of issues that are the subject of his helpful videos. What could be more loveable than that? 

In this episode of Higher Callings, I talk with Danny about his career as a lawyer, his leadership of the National Institute on Class Actions, his experience as a law school professor, his foray into news commentary, and his “Higher Calling” as “Your Loveable Lawyer.” We also share some thoughts about the practice of law and Danny offers his advice to law students and young lawyers. As always, Danny’s insights reflect his wisdom and his sparkling personality.

Danny's law practice website can be found here, and his "Lovable Lawyer" website can be found here.

As a bonus, here is a link to a live version of "Emotional Weather Report" by Tom Waits, mentioned early in the episode.

If you have enjoyed the Higher Callings podcast, you might also enjoy Don's Substack Newsletter, Reflections of a Boston Lawyer, which you can find here: https://donaldfrederico.substack.com/

In some courts, when a judge retires, their law clerks or others get together and pay an artist to paint the judge's official portrait. When the portrait is ready, there is a ceremony at the courthouse attended by the judge and the judge’s family, the judge’s clerks, other courthouse staff, and the judge’s friends and colleagues. After a number of speeches honoring the judge, the portrait is unveiled and guests stay to get a close up look at it, congratulate the honoree, and indulge in light refreshments. After the event, the portrait is hung in one of the courtrooms where it will remain for many years to come. 

A year or so ago I attended just such a ceremony for retired federal bankruptcy court judge Frank Bailey. I’d gotten to know Frank a bit through American Bar Association meetings we’ve attended in recent years, and monthly luncheons of a small group of active and retired Massachusetts lawyers and judges who enjoy each other’s company and lively conversation. Although it was easy for me as a relatively recent acquaintance to discover what a likeable person Frank is, I learned at the unveiling ceremony just how much he is loved and revered by those who have known him much longer and better than I. 

At one of our luncheons, Frank told me about some of the work he now leads as President of the Pioneer Public Interest Law Center. The Center is a nonprofit and nonpartisan law firm that, as described in its mission statement, “defends and promotes educational options, accountable government and economic opportunity across the Northeast and around the country.” It does that, in part, by filing lawsuits and friend-of-the-court briefs in cases where Pioneer believes its participation would advance these values the organization was formed to promote. The Law Center is selective in the cases it takes, and only takes cases that it views as important to its public service mission. 

A few weeks ago I asked Frank if he’d be willing to appear on the Higher Callings podcast, and he graciously agreed. The conversation you are about to hear gave me an opportunity to learn more about Frank’s background and career, including his work on the United States Bankruptcy Court, his significant roles with the American Bar Association, and the important efforts he now leads as President of the Law Center.  

I’m pleased to share with you the delightful conversation I had with this exceptional role model and public servant, retired Judge Frank Bailey.

If you have enjoyed the Higher Callings podcast, you might also enjoy Don's Substack Newsletter, Reflections of a Boston Lawyer, which you can find here: https://donaldfrederico.substack.com/

When a person becomes a lawyer, they take an oath. The oath is often administered in a formal bar admission ceremony. Each year in Massachusetts, many such ceremonies take place at historic Faneuil Hall. The new lawyers and their families hear speeches from judges and bar leaders, and the oath they are required to recite dates back to colonial times. Through it, they pledge to “do no falsehood, nor consent to the doing of any in court”; not to participate in the pursuit of “any false, groundless or unlawful” claims; and to conduct themselves “in the office of an attorney with the courts according to the best of [their] knowledge and discretion,” faithful to the courts as well as to their clients. Most states’ attorney oaths also include a commitment to support that state’s constitution and the Constitution of the United States of America. 

These promises new attorneys make are lifelong commitments. They are promises to abide by the rule of law, and are vitally important to the strength of our democracy. And they are only the first, but also the most fundamental, of the professional duties lawyers assume in exchange for the privilege of practicing law. 

One person who takes the lawyer’s oath most seriously is Scott Harshbarger. Scott has practiced law in Massachusetts for more than 50 years. He has also held high office, including serving as the District Attorney for the largest county in the Commonwealth in the 1980s, and as the two-term Attorney General of Massachusetts in the 1990s.  

In 2019, Scott co-founded a nonprofit organization called Lawyers Defending American Democracy, and he continues to chair LDAD’s board. Among other activities, LDAD seeks to hold lawyers accountable when they violate their professional oaths in ways that threaten to undermine democracy and the rule of law. 

I recently spoke with Scott about his early influences, his decision to become a lawyer, and his career-long commitment to professionalism as reflected in the oath that lawyers take. Those topics are covered in the first portion of our conversation. At approximately the 56 minute mark, we turn to a discussion of the mission and work of LDAD. Throughout our entire conversation, I never tired of hearing Scott’s perspective of the role of the lawyer in defending our democracy and the work his organization is doing to protect the rule of law.  

The following episode is our complete conversation. I encourage you to listen to it in its entirety, even if you need to do it in more than one sitting, as Scott’s inspiring description of his early influences at the beginning of the episode helps to place his values and ideals into an illuminating historical context and demonstrates the roots of his commitment to the work of LDAD that he describes later. And please consider sharing it with your friends, family, and other contacts.

This link will take you to LDAD's website, which sheds a great deal of light on what LDAD is and the extraordinary work it has been doing: https://ldad.org/

If you have enjoyed the Higher Callings podcast, you might also enjoy Don's Substack Newsletter, Reflections of a Boston Lawyer, which you can find here: https://donaldfrederico.substack.com/

It’s been almost four years since the last Presidential election and the battle for the future of our democracy is still raging. Much of it is in the spotlight, through national news media, popular podcasts, books, and social media. Large organizations, like the American Bar Association, have devoted a great deal of time and effort in recent years promoting democracy and the rule of law. Much work also is happening through individuals and groups you may never have heard of who are diligently defending democracy and the rule of law in discreet yet meaningful ways. The important work of those organizations, some of which we’ve featured on this podcast, provides an inspiring source of hope for those concerned about our nation’s future. 

One such group, based in my home state, is Lawyers Defending American Democracy. Co-founded and chaired by former Massachusetts Attorney General Scott Harshbarger and led by Executive Director Lauren Stiller Rikleen, Lawyers Defending American Democracy, or LDAD, states as its mission “to galvanize lawyers to defend the rule of law in the face of an unprecedented threat to American democracy.” Because defending democracy is the responsibility of all Americans and not just one party, LDAD’s website confirms that its work is not political or partisan. 

In June 2023, I had the privilege of interviewing Lauren Rikleen about a number of topics, including the work of LDAD. The following is an excerpt from our conversation. As with other episodes in our Democracy and Rule of Law series, the complete episode of my interview with Lauren can be found on the Higher Callings podcast website and on leading podcast platforms.

If you have enjoyed the Higher Callings podcast, you might also enjoy Don's Substack Newsletter, Reflections of a Boston Lawyer, which you can find here: https://donaldfrederico.substack.com/

What you are about to hear is one of my favorite clips from one of my favorite interviews. It provides a glimpse into events that rapidly unfolded during the evening of Saturday, January 28, 2017, when an Executive Order signed by the new President resulted in the detention of hundreds of travelers who were peacefully and legally entering the United States from several Muslim-majority countries. 

My guest on the podcast, Boston lawyer Susan Finegan, was one of the attorneys who quickly sprang into action as word came through of the Muslim travel ban and the resulting detentions that were taking place at Logan International Airport. The extraordinary events of that Saturday night and the early hours of Sunday morning signified the beginning of four years of cruelty and chaos ushered in by an Administration that too often demonstrated little regard for the Rule of Law. I offer it as a small reminder of what is at stake at this important moment of our nation’s history. 

As usual, you can find the full episode of my interview of Sue Finegan on the Higher Callings website and other podcast platforms.

If you have enjoyed the Higher Callings podcast, you might also enjoy Don's Substack Newsletter, Reflections of a Boston Lawyer, which you can find here: https://donaldfrederico.substack.com/

Welcome to the fourth installment of our series on democracy and the rule of law. 

In our last installment, retired Massachusetts Supreme Court Justice Robert Cordy described his work advising judges in Russia and Turkey how they could align their judicial systems with the judicial systems of Western countries, an alignment that could have improved those nations’ relationships with the West.  He also described how, after years of effort, that work was abruptly shut down by those nations’ autocratic rulers, who saw it as a threat to their power.  

Justice Cordy and I also discussed two key pillars of democracy -- judicial independence and a free press.  When autocrats take control of a country, they begin by taking control of the courts and the media. Judges and reporters who oppose a dictator are jailed or worse. Constitutions are rewritten to place the courts under the autocrat’s control. The dictatorial ruler takes over the press, and any news outlet that publishes content critical of the ruler is shut down.  

In this fourth installment of our series on Democracy and the Rule of Law, Justice Cordy and I continue our discussion about the autocrat’s playbook. Mr. Cordy also provides a hopeful glimpse of change in one Central Asian country, explains what worries him about developments in the United States, and describes the important role of the lawyer in defending our constitutional democracy.  

Once again, the full interview is available at the Higher Callings website and other podcast platforms.

If you have enjoyed the Higher Callings podcast, you might also enjoy Don's Substack Newsletter, Reflections of a Boston Lawyer, which you can find here: https://donaldfrederico.substack.com/

Welcome to our third special replay episode of Higher Callings.  

In our first two episodes in this series on Democracy and the Rule of Law, we heard from Elizabeth Andersen and Karen Green of the World Justice Project about the Rule of Law and its downward trend in a majority of countries, including the United States. 

In this third episode, we’ll hear from Robert Cordy, a former federal prosecutor and civil litigation attorney and a retired Justice of the Massachusetts Supreme Judicial Court. In an interview recorded in March 2023, I spoke with Bob about his extraordinary work with judges from Russia, Turkey, and other countries who were eager to learn about the American system of justice and its two key pillars, an independent judiciary and a free press. As Bob learned from these experiences, constitutional democracies are fragile, and efforts to establish and maintain a democracy can be shut down overnight by a ruler who views the courts and the press as threats to his power. It’s a lesson that those of us in the United States might take to heart as we head for the polls to vote in this year’s elections.  

As with the first two episodes of this series, the full episode of my interview with retired Justice Cordy is available wherever you get this podcast.

If you have enjoyed the Higher Callings podcast, you might also enjoy Don's Substack Newsletter, Reflections of a Boston Lawyer, which you can find here: https://donaldfrederico.substack.com/

Because we're now entering election season, we've decided to republish excerpts from some of the past episodes of Higher Callings that listeners may find relevant to their voting decisions. Several of our interviews have focused on Democracy and the Rule of Law, both at home and abroad, with guests who are particularly experienced with and qualified to discuss those topics. So, over the next few weeks, we plan to roll out relevant clips from those episodes. 

What follows is the second clip from one of our most recent episodes, recorded in April of this year. It features Betsy Anderson, the Executive Director of a nonprofit and nonpartisan organization called the World Justice Project, and Karen Green, a retired Massachusetts judge and lawyer and current member of the Project's Leadership Council.

In this clip, Betsy, Karen, and I discuss the Rule of Law Index, a tool developed by the World Justice Project to measure the rule of law in 142 countries, and used by governments and nongovernmental organizations to identify where countries are doing well and where they might focus their efforts to strengthen the rule of law within their borders. We also discuss some disturbing trends in the rule of law worldwide and in the United States, and what we all can do to support the rule of law in our own communities.

To learn more about the amazing work of the World Justice Project, you can find the full interview of Betsy and Karen in an earlier episode of this podcast, and can check out WJP's website at https://worldjusticeproject.org/ 

If you have enjoyed the Higher Callings podcast, you might also enjoy Don's Substack Newsletter, Reflections of a Boston Lawyer, which you can find here: https://donaldfrederico.substack.com/

Because we're now entering election season, we've decided to republish excerpts from some of the past episodes that listeners may find relevant to their voting decisions. Several of our interviews have focused on Democracy and the Rule of Law, both at home and abroad, with guests who are particularly experienced with and qualified to discuss those topics. So, over the next few weeks, we plan to roll out relevant clips from those episodes. 

What follows is the first clip from one of our most recent episodes, recorded in April of this year. It features Betsy Anderson, the Executive Director of a nonprofit and nonpartisan organization called the World Justice Project, and Karen Green, a retired Massachusetts judge and lawyer and current member of the Project's Leadership Council.

In this clip, Betsy, Karen, and I discuss what the Rule of Law is and why it is an important pillar of a free society. In a subsequent episode, we'll hear more about the work of the World Justice Project, including its findings with respect to trends in the Rule of Law worldwide and in the United States. And of course, if you'd like to hear the full episode describing in more detail the important and fascinating work that WJP does, you can find it on the Higher Callings' website or on your favorite podcast platform.

If you have enjoyed the Higher Callings podcast, you might also enjoy Don's Substack Newsletter, Reflections of a Boston Lawyer, which you can find here: https://donaldfrederico.substack.com/