The Professor, The Porn Star, & The Death of Empathy: 3 Surprising Podcasts That Will Make Us Better Lawyers

Litigation is a battle of stories; the lawyer who presents the most compelling and authentic story wins every time.  It never ceases to amaze me how little we lawyers are ever taught about story fundamentals.

The good news is we are surrounded by great stories.  The better news? Free resources abound to help us master this craft.  The best news?  This stuff is fun!

One of the most popular ways to consume media and stories today is through podcasts.  I don’t know about you, but I can’t get enough.  They are almost always free and easily accessed on any mobile device.  The two most popular platforms are Apple’s podcasts, and Spotify.  My guess is many of you already know this and are regular listeners.

So, here are three suggestions for podcasts that not only entertain, but play like a masterclass in legal storytelling:

1.  The Tim Ferris Show, Episode, 456, “The Power of Myth — The Hero’s Adventure with Joseph Campbell and Bill Moyers”

I have long extolled the virtue of Joseph Campbell’s Hero’s Journey as a model for effective litigation storytelling.  See, The Secret Sauce of Master Storytelling: How “The Hero’s Journey” Can Change the Way You Practice Law. This particular episode of the Tim Ferris Show is a great gift.  Somehow Mr. Ferris received permission to  air the entire first hour of the famed PBS Series, The Power of Myth. 

This series originally aired as six, one-hour conversations between mythologist Joseph Campbell (1904–1987) and journalist Bill Moyers.  The six hours have become somewhat hard to find, although they are still available for purchase on audible.com.  However, this first hour is arguably the best.  It really is one of the most impressive discussions about the power of story you may ever hear.  CLICK HERE TO ACCESS THIS EPISODE.

2.  Once Upon a Time in the Valley: A Real Life Noir by Lili Anolik With Ashley West

Here we examine the story of one of the most infamous adult film stars of all time, Nora Kuzma, aka, Traci Lords.  What made her story so unique is that she wasn’t an actually an “adult” film star through most of her porn career.  Eventually, someone informed the FBI of her underage status, and that revelation nearly brought down the entire industry during the Reagan/Meese obscenity crusade in the 80’s.

This series (12 episodes) tells her story from every possible vantage point.   It’s not only a compelling “who dunnit” as to who blew the whistle to the FBI,  it expertly undertakes the delicate task we as defense lawyers often face — the dissection of an alleged victim’s description of events.  With the devastatingly thorough approach of the finest litigator, the producers challenge every aspect of Ms. Kuzma’s story including her claims that she was “lured” into the industry, plied with drugs, and repeatedly abused.  Like any good lawyer, they carefully deconstruct her story by unearthing her own many conflicting statements and conducting in-depth interviews of those that were closest to her.   CLICK HERE TO ACCESS THE PODCAST ON APPLE PODCASTS.

3.  NPR’s Invisibilia, Season 5, Ep. 6, “The End of Empathy”

Truth be told, I don’t know if I love or hate this episode.  All I know is I can’t get it out of my head.  If you’ve ever read my stuff or heard me speak, you know that I believe empathy is at the center of  everything we do. See, e.g., What Penguins Can Teach Lawyers about “Minding the Gap” & A Recipe For Great Lawyering:  Liver, Fava Beans and a Nice Chianti.  

I suppose I approached the episode with morbid curiosity based on the title, but it had me at hello.  This tells the story of a “reformed incel” (“incel” is the word for  an “involuntarily celibate” man whose inability to form meaningful relationships is often the source of anger and misogyny) and the woman whose love he is trying to win. Here again, the episode is told from two very different sides;  first with an empathetic spin focused on the redemption of the main character and then with a far less flattering portrayal.

Beyond that, this episode is a big picture view of how empathy works in our brains and our hearts, as well as current research showing that our ability and/or our willingness to feel empathy for one another is on the decline.  Click HERE TO ACCESS THIS EPISODE, and know that this is going to be fifty-two minutes of your time well spent.

Being the podcast junkie I am, I could keep going.  But this is plenty to get your legal storytelling juices flowing.

If YOU have any phenomenal podcast recommendations that may give us insight into our practice, our stories or our sanity during these completely insane times, please post in the comment section below!

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