Herald P. Fahringer '56

Segment Synopsis: Introduction. Graduated from Penn St. Decides to go back to law school. Why UB? working downtown at Prudential Bldg. as salesman a few blocks from Law School; Sees Dean Hyman in 1953; had Masters from Penn St.; take LSAT, started that Fall; Graduates class 1956. Had several jobs at Buffalo; ultimately forms Lipsitz, Green, Fahringer, Roll, Schuler and James [now Lipsitz Green Scime Cambria]; 1973 moves to NYC as a branch office; Criminal defense work--white collar crime and first amendment work--adult industry.

Keywords: Application process; Choosing UB Law School; Criminal Law; Deans; Hyman, Jacob; Law Firms; NY, New York City; Practice

Subjects: UB LAW AS STUDENT

Segment Synopsis: Feels he failed miserably after college, MA in history, teaching wasn't for him; goes into performing arts as actor; radio and TV commercials; limited--looking for greater success. Anecdote he thinks fascinating: at 16 father takes to Penn St. for aptitude test; takes battery of tests and woman tells him he is best suited for a lawyer, public relations and psychology. Studies psychology, then history. He is unhappy with career; reads Caine Mutiny, is caught up in trial; ignites desire to go into law.

Keywords: Anecdote; Caine Mutiny; Choice of Law; Choosing UB Law School; Employment / Jobs / Wages; Father; Occupations

Subjects: EDUCATION

Partial Transcript: "I think I got as good an education as anybody could get. I didn't have to go to Harvard for that. I could get that from Buffalo and I think I had as good of teachers as anybody could get for those requirements."

Segment Synopsis: Had been out of school a while and lost some of the discipline of study; challenging; had to work to put himself through school; was a salesman, would attend class and then go to office; demands of law school too great--quits job. Thought people of UB law were wonderful: Hyman, Summers, Laidlaw, Lenhoff, Mugel; great preparation; Man who had most influence in life was Clyde Summers; opens world in terms of individual rights and importance of the human condition; credits Summers with why he entered field of practice, excellent teacher--took all his courses; Definition of Clyde Summers? principles? He was amazing teacher, taught constitutional law, torts; committed to individual freedom and liberty; 1st, 5th , 4th amendment; torts emphasized importance of the individual. Summers coached Moot Court team; HF selected for team; Summers "Vince Lombardi" of moot court teams; drilled them hard; another dimension of Summers; amount of time and commitment for a case to succeed; HF still practices those principles instilled. Statement of principals instilled rephrased by interviewer, legal education, values,skills, level of bar were established in law school; learned disciplines in law school he still uses today. Statement of principals instilled rephrased by interviewer, legal education, values,skills, level of bar were established in law school; learned disciplines in law school he still uses today. Dean Hyman had influence; deserves credit for innovative practice in law school; went to Erie County court to try cases; brought in practitioners to law school as advisors/preparation for practice. Keep relationship with faculty or peers after UB? Yes, with Clyde Summers, wrote to him, visited him at Yale, continued correspondence for a while. [Summers now at Penn State Law school.] In law school HF kept to himself; busy work and school schedule, no time for social life; Regrets the lack of social life; Vincent Doyle closest friend from law school, continues to maintain contact. Law School preparation. Emphasis in theory in law school; need element of practice as well. Need theory of law. Wonderful testimonial--says his education at UB as good as anything he could have gotten at Harvard.

Keywords: Administration; Areas of Scholarship; Class Composition; Classes; Deans; Doyle, Vincent; Faculty; Financial Support; Harvard University; Hyman, Jacob; Intellectual Tradition; Law Faculty; Law Professor; Law Students; Legal Education; Mentors; Moot Court; Practitioners and Faculty; Reputation; Self Improvement; Social Life; Summers, Clyde; Torts; UB Preparation

Subjects: UB LAW AS STUDENT

Segment Synopsis: Professional experience; heart of interview; asks about greatest professional achievements. Arguing before US Supreme Court is a high mark in his or anyone's career; exhilarating experience. Ernest Jackson case--sentenced to death in NYS before abolishing death penalty; indigent case he was assigned to. Stood next to him when death penalty was imposed; took case to NY Court of Appeal; conviction reversed and released from prison; questions as to his guilt. Was there at his release. Case poorly handled by police; he feels it an important case for him in saving this man's life; takes greatest satisfaction in helping those without the means to hire counsel; those most dependent on him; spoke at Syracuse about lawyers doing more pro bono work; fighting for a cause; means more to him than the high profile cases. Significant US Supreme Court cases; has a series of cases on publications of adult literature; feels in a free society that the public should be allowed to choose what they'll read and see and the government should not be involved in that--prosecuting books a strong form of censorship. Defends Deep Throat in the lower courts; made more money than any other movie that year; Devil and Miss Jones were films with a plot/concept in the feature film genre; prevails in all these cases. Had arguments before Supreme Court that he lost that were very close; Larry Flynt involved a prosecution in Ohio, selective prosecution; Ann Mikoll story: Hired by local person in Buffalo on sale of magazines (girlie magazines); HF sees statute as unconstitutional; Mikoll declares state law unconstitutional; city appeals, Judge Jasen reverse her summarily; NY Court of Appeals unanimously sustained Judge Mikoll; great example of her judicial independence. Establishes him as an expert in this field, major publishers across US begin calling him, becomes launching pad for his career and credits Mikoll with major part in it.

Keywords: Accomplishments; Anecdote; Career / Professional Experience; Criminal Law; Deep Throat; Flynt, Larry; Laws; Legal Community; Mikoll, Ann; NYS Court of Appeals; Pro Bono; Satisfaction; Significant Cases; Supreme Court; US Supreme Court

Subjects: PROFESSIONAL EXPERIENCE

Segment Synopsis: Feels he failed at many things but he never gave up; like what you do; feels fortunate that he likes what he does; see those that hate what they do as a tragedy; find that which gives you satisfaction. Why work 7 days a week? because he loves it. If he was an artist, no one would question his dedication/commitment to the work. He loves the practice of law and wants to work 7 days a week. Interviewer restates HF position; Most important is the work--arguing the case, the issue; the client is the vehicle to get there. The thrill, satisfaction comes from the law itself. Chose a way of life; commitments to law impacts how you live; "jealous mistress" affects choices of family, children. Be prepared to pay the price.

Keywords: Career / Professional Experience; Laws; Satisfaction

Subjects: PERSONAL ISSUES

Segment Synopsis: How can you do this kind of work and separate this from life as citizen? Has lived in NYC 25 years; Has never had anyone over to his home and never been to anyone's else's home; has very few friends, stays to himself. How can you defend these people? Goes back to Clyde Summers and everyone being entitled to a fair defense. Has defended hitmen for the mob, serious white collar criminals, Klaus Von Beulow, Larry Flynt; His view is that under our system, every person is entitled to a fair trial. The defense of sexually oriented materials, pornography; How can he get involved in these cases? In his view is very important. Does not enjoy material dispensed by these institutions, embarrassed by it. Strives for the principle; society provides a right of choice and that right must be maintained. Labelled as a pornography lawyer--dislikes label; Comes back to Clyde Summers and UB Law School values instilled. He wants to see that those rights are protected and asserted. The defense of sexually oriented materials, pornography; How can he get involved in these cases? In his view is very important. Does not enjoy material dispensed by these institutions, embarrassed by it. Strives for the principle; society provides a right of choice and that right must be maintained. Labelled as a pornography lawyer--dislikes label; Comes back to Clyde Summers and UB Law School values instilled. He wants to see that those rights are protected and asserted. Argues to juries that he wouldn't have this material in his home but that is not the issue: Are we going to let the government tell us what we can read? Censorship issues. The whole concept of the judiciary as a separate branch of government is to insure that these constitutional protections not dependent on popular support but are designed for minorities are enforced. There is an impact that has to be accounted for. Times he has not been successful. Host of pressures/prejudices. Type of case refused because of personal principles/offense? One case early in career; not proud of. Two men brutalized a woman; sickened him; should have taken case--was his obligation to; set fee high to escape taking case. Wasn't right thing to do. What he says to clients is that he defended in US Supreme Court unsuccessfully a child pornography statute. Tells clients in the medium that if they have a child pornography case, is indefensible, that they might be well advised to go elsewhere. Doesn't think raw child pornography is defensible and has strong feelings against it. Ever wanted to be a judge? offered early in career in Buffalo; not sure he could be neutral; strong feelings on subjects discussed; unsure of impartial judgement; Judges have to make judgements that affect lives of people and society; the ability to stand up to public pressures and do what is right--one of the hardest tasks there is. Legislators have it easier because they do what is popular based on the "mandate" of the people. A concern he has is how the judiciary receives criticism from press and changes the decision; indictment of the system; judiciary's role is to protect the rights of the individual--often the unpopular decision.

Keywords: Career / Professional Experience; Criminal Law; First Amendment; Flynt, Larry; Judiciary; Laws; Significant Cases; Summers, Clyde; US Supreme Court; Values

Subjects: PROFESSIONAL EXPERIENCE

Segment Synopsis: Two areas he has had to make that decision. When he entered law school, felt he had a neglected education in regards to language; in law school hired English professor (Prof. Connelly); he would review HF's briefs and tutor him on writing, syntax and good grammar; regrets the neglect in his educational process. Would emphasize attention to that today in law school. Interviewer comment: hearing a perfectionist; 1. curriculum needs to be an emphasis on language; 2. each individual lawyer striving to reach his standards must be perfectionist; HF viewed this as a deficiency and needed to correct it. Law school has changed so--comment on law school curriculum: would encourage emphasis on language. Most interested in way they can write and speak. As lawyers, earn living speaking for others. Important to have emphasis on writing, speaking, command of language, harness brute force of language; deterioration language outside of school. Reads NY Times book review section; involves some of the best writing on condensed form and is critical writing; vocab adaptable to legal work. Reads half on Saturday and half on Sunday--makes notes. Background: was fortunate that mother and father had great respect for the english language. Father's favorite books were the bible and the Complete Works of William Shakespeare which was read to him and younger sisters. Gave him appreciation of good language but he lacked skills to put the words together. Needed reinforcement. Language is a challenging enterprise: "like the Pacific Ocean, you can explore it but you can never conquer it."

Keywords: Areas of Scholarship; Career / Professional Experience; Curriculum; Family Background; Intellectual Tradition; Self Improvement; Value of Education

Subjects: UB LAW AS STUDENT

Segment Synopsis: Changes in technology; started on typewriter, saw future with computers about 15 years ago, took lessons; spends hours writing briefs; amazing the ability to edit constantly; boon to legal work. In process of mastering use navigating computer internet resources; now searching for access to information useful to his work. Lawyers must adapt to this instrument for work. Internet distribution of erotic literature--has not had a case, been following law carefully; regulatory provisions; judge tells him anyone can get this stuff on internet anyway; powerful area of communication; some of it must be regulated and will be wave of future in terms of litigation. Typical work week: gets up at 6am, works in office 6:30-6:45am until 5:30-6pm, has supper; watches Jeopardy; retires to study to read, research until about 10pm. Schedules meetings in late afternoon; reserves mornings for writing, thinking, brainstorming; midday returns phone calls; pm more routine tasks; evening at home, goes back to writing with quiet and solitude; 60% of work today in Appellate Court; Last 3 years tried 27 adult business cases; Today enjoys most writing Appellate briefs articles and giving talks. In terms of controlling the day: important to control the day; recognizes the limits to creative energy; likens it to a pot of water boiling on the stove--the day being the fire beneath it. "Being a good lawyer is not about publicity/celebrity, much more than that--it's about professional competency/excellence--knowing yourself you've done a good job; doing a good job for the client is what it is all about." Anything additional to cover? Proud of fact he attended UB Law school; thinks law school excellence has increased.

Keywords: Career / Professional Experience; Computers / Technology; Intellectual Tradition; Practice; Reputation; Satisfaction; Specialized Training; UB Preparation; Values

Subjects: PERSONAL ISSUES; PROFESSIONAL EXPERIENCE; UB LAW MISCELLANEOUS