Professor Albert R. Mugel '41

University at Buffalo School of Law Alumni Association Oral History Collection
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00:00:00 - Introduction of the interview; Father's background from Alsace Lorraine; Mother's background German descent; Education; Education; Why law? anecdote of accident; Interest in law in college; Depression, Reichly WPA indictments; John Walter Ryan role models

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Segment Synopsis: Interview Of Albert R. Mugel of Jaeckle, Fleischmann and Mugel on April 19, 2000. Interviewer Earnest J. Norman as part of UB Alumni Oral History Project. Born in Buffalo on west side on Prospect Avenue Oct. 10, 1917. Father born in NYC, grandfather from France-Alsace Lorraine in 1872 after Franco-Prussian War, fought with French army, was bitter about occupation by Germany. Mother's maiden name was Rodenhoffer, 4th generation of German descent; Grandfather lost leg in Civil War fighting w/ Union battle of Petersburg; lived close on West side; Father's family on Park St behind residence of Mark Twain while in Buffalo. Went to Holy Angels on Porter and West, St. Joe's Collegiate on Main and Bryant; Family moved to Richmond Ave.; Attends both UB and Canisius--mother insists on religious education; no degree--went right into law school in 1938, grad UB law school 1941. Siblings? Two sisters, both living in Kenmore, one married, one not. Anyone a lawyer? Why law school? Father was manager of the Styveson Hotel on Elmwood Ave. Delivery boy takes regular elevator--stops between floors, tried to get out and elevator moved--broke back, boy says told not to do that. Lawsuit that Mugel had to testify at. Interest develop in College? Interested in law school; Depression period, listened to radio Frank Reichly proceedings against Common Council--indictments against in regards to Works Progress Administration; "More sweepers than brooms"; Reichly very entertaining, examination of witness brilliant--how two people could handle a broom at the same time. New Deal and results of these cases in Supreme Court, John Walter Ryan as a role model.

Keywords: Buffalo History; Canisius College; Choice of Law; Ethnicity / Diversity; Family; Father; Germany; Great Depression; Legal Education; Mother; New Deal; Primary / Secondary School; Reichly, Frank; Role Models; Ryan, John Walter; Siblings; Significant Cases; Undergraduate Education; Value of Education; Works Progress Administration

Subjects: FAMILY HISTORY

00:08:52 - Undergraduate degree; Why UB Law School? Changes in law school/ Faculty additions; "Little Harvard"; Years '38-'41; Location of law school; Number of students; passing bar exam; Dean Frank Shea; Favorite courses/ required classes/ faculty; Least favorite courses; Litigation courses/ ethics/ Alden; No law review--started by Charlie Webster in '50.

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Segment Synopsis: Undergrad major? Political Science was called Government then; Why UB? Depression, here in Buffalo; didn't realize he was applying for something special, changes in Law school,1887-1937 run by practitioners; 1937 Alden retires as Dean, Frank Shea from Justice Department brought in as Dean; Shea adds Mark DeWolfe Howe, clerk to Oliver Wendel Holmes and official biographer; Louis Jaffe, clerk to Brandeis; David Reismann, leading sociologist, author of "The Lonely Crowd." clerk to Judge Cardoza, leading clerks; Curtis Brown from Harvard--leader in tax field. "Little Harvard"; Halpern added; Manly Fleischmann teaching insurance law; others--nucleus just a great school. Tremendous school, called "little Harvard"; Harvard ultimately took them all. Great school from Fall 1938 to 1941. 3 yr program. Location of the law school? Old mansion at 77 W Eagle St. Home adapted for law school; Library on third floor; Manly Fleischmann noted "the roof was sufficient to keep out large birds." Classes were 30-40 in each class--graduating class; considerable drop out--strict exams. 40 students 32 graduate; Bar exam taken, passing grade of about a third, very difficult; today about 2/3rds. Dean was Frank Shea with Justice Dept. in Washington; came here as Dean; after war became 1st assistant to Justice Jackson in Nuremberg trials; disagreement w/ Jackson and didn't stay through proceedings; goes back to Washington to head large law firm there; How recruited to Buffalo? Not sure how. Favorite courses? courses taught by Halpern, future interests and contract law; traditional courses not fancy names like today; trusts taught by Halpern, madatory courses; taxation taught by Ernest Brown--great friend still living 98, is Prof. in residence at Justice Dept. reviews all briefs in tax field to Supreme Ct.; Langdell Prof of Law Emeritus at Harvard; Classes not liked? a couple, Laidlaw taught the dryest courses imaginable in negotiable instruments and sales but necessary, before uniform commercial code; Litigation or appellate practice courses? Course in evidence, practice; Alden still teaching Carlos C. Alden, taught ethics, practice, con't editor of "Abbott's Digest" of procedure, on law revision commission, area was procedure and ethics. Does Alden's voice in ancedote on serving a process, see man in house. Do you put foot in door? "Home is his castle"; Law Review? No--after he started teaching at Law School; started by Charlie Webster from Univ of Wisconsin, 1949-50, editor in chief at Wisconsin law review.

Keywords: Administration; Alden, Carlos; Anecdote; Application process; Attrition; Bar Admissions and Exams; Buffalo Law Review; Choosing UB Law School; Class Composition; Classes; Curriculum; DeWolfe Howe, Mark; Deans; Eagle Street Campus; Faculty / Professors; Fleischmann, Manly; Great Depression; Halpern, Philip; Harvard University; Intellectual Tradition; Jackson, Robert; Justice Department; Laidlaw, William; Law Courses; Law Faculty; Law Professor; Legal Education; Little Harvard; Post World War II; Reputation; Shea, Francis; Specialized Training; UB Law School general; Undergraduate Education; Webster, Charles

Subjects: UB LAW AS STUDENT

00:21:37 - Enlists in Army after grad cum laude; Pedersen wrote history of Law School; Worked at Kenefick, Cook,--predecessor to Philips, Lytle; Worked in tax department; Chris Baldy; anecdote; Telegram from Francis Perkins--offered federal job; Politics associated with job offer; With firm '45 - '48; Army anecdote; Officer training school.

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Segment Synopsis: Depression before Law school; WW II begins a year after starting law school; enlist in the Army after Pearl Harbor; graduates cum laude, clerks for Smith Kendal and Pedersen in the Genessee Building while in law school. Clerks for Smith Kendal and Pedersen in Genessee Building. Gil Pedersen wrote history of Buffalo Law School. After Law school fall 1941, joins Kenefick, Cook, Mitchel, Bass and Letchworth, only large firm in City, predecessor to Philips, Lytle. Great firm, Hodgson Russ firm broke off from that firm as well--Pat Hodgson, Ralph Andrews, Homer Woods, Lornie Goodyear; WWII was ongoing, US was involved in Lend Lease; Kenefick firm took three--Monty Pooley, Ray Miles, and Mugel (was 6'1", 140# w/big glasses); needed someone in tax department--thought he wouldn't pass physical. Mugel tax lawyer. First full time position. Chris Baldy was managing partner, was bald as his name and pinched glasses high wide collar, introduced him to Judge Kenefick, James McCormick Mitchel, Tom Wheeler. Only law firm in country that had two presidents as members. 1st day on job, received a telegram from Francis Perkins, Secty of Labor under FDR; meet with man at Dunn Bldg. offered job as regional council to Fair Labor Standards Board covering Syracuse to Buffalo based on recommendation to Perkins. Registered Republican, needed clearance from Senator Meade; told to see Demo County chariman; goes to Ellicott Sq Bldg. George Doyle's father chairman--told to say a young lawyer looking for a job with the gov't; Chris Baldy was committee chairman--"Al, how long have you been with us?" "Mr. Baldy, this is a big mistake." 1st day on job, received a telegram from Francis Perkins, Secty of Labor under FDR; meet with man at Dunn Bldg. offered job as regional council to Fair Labor Standards Board covering Syracuse to Buffalo based on recommendation to Perkins.Registered Republican, needed clearance from Senator Meade; told to see Demo County chariman; goes to Ellicott Sq Bldg. George Doyle's father chairman--told to say a young lawyer looking for a job with the gov't; Chris Baldy was committee chairman--"Al, how long have you been with us?" "Mr. Baldy, this is a big mistake." With Kenefick firm 1945-1948 and was involved in law school; learned tax law from Prof. Brown; While in the Army at Camp Chaffee Ark, as private, told to report to division headquarters to General Highbird--he had a tax problem; recommends him to officer training school--gets through eye exam; got in as tank officer.

Keywords: Anecdote; Baldy, Christopher; Brown, Ernest; Career / Early; Career / Military Service; Elections / Political History; Government jobs; Great Depression; Law Faculty; Law Firms; Legal Community; Lend Lease; New Deal; Pederson, Gilbert; Publications; Relationship with UB Law; Republican; Specialized Training; World War II

Subjects: CAREER: LEGAL; CAREER: MILITARY

00:33:37 - Needed to learn more tax law--taught law; Lenhoff recommends him to Jaffe for faculty 1948; No tax program at UB; 1st class--Future Interest, Personal Property; Jack Hyman/ David Curtis; Quality of students--most were vets of WWII; Anecdote of students giving David Curtis a hard time; Full time faculty until 1950--recalled to Korean War; Returns in 1952 to full time teaching; Mugel on Locations of law school '48-'50; Tensions between Medical School and Law School; Poor construction of 77 W Eagle

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Segment Synopsis: In '46 didn't know much about taxes; now private tax lawyer; Ralph Andrews to Hodgson Russ firm, Dan Yorke(?) Prof at Cornell head tax dept. best he knew; knew he had to teach himself tax law and teach others; taught evening classes at Kenefick firm; 14 hours of prep for every hour taught. Dr. Lenhoff came over, told Jaffe to get on faculty, this was in 1948. Dr. Lenhoff came over and recommends him to Jaffe for faculty in 1948; left Kenefick firm to teach full-time. Good relationship with firm, Mr. Baldy. Started in Law School, building a program on tax--no tax course over there. Brown left for Harvard, Halpern on the bench. 1st courses taught was Future Interests, Personal Property; 1st years most in class were veterans. Another Professor taken on two years before: Jack Hyman and David Curtis; Curtis just out of Navy. Student best students ever--most were veterans on GI Bill. Serious students, little patience. Curtis teaching Trusts, Jack DiLorenzo--became general counsel for Post Office Dept in Washington and Francis Faust, gave Curtis a hard time, asked questions he couldn't answer, diversionary tactics, ruined class, made hard to teach. Curtis quits. Tried same tactics with Mugel. At ease, "don't speak until spoken to." Teaching full time until 1950; Recalled to service for Korean War 1st Cavalry; Comes back in 1952 and Don Lubick taught his tax course; full time; Between 1948 and 1950 Buffalo Law School Hoyt Mansion torn down and new 77 West Eagle Street building was completed in 1949. Search for place for school w/ Jaffe S Division and Main, Blackstone Cigar Store third floor loft had sign for Buffalo Law School from turn of the century; classes at Guaranty Bldg. classes at Millard Fillmore School near McKinley Monument; Administration at 40 Delaware Ave, license bureau; County Controller highest political job at time. Law library/admin at Delaware Ave location. Flunks County Controller's son and evicted. Private school at that time. New Law School at 77 W Eagle; story: new medical school built present location or High Street, bitter dispute between Doctors on location. Chancellor Samuel Capen appoints Mugel to committee to advise. Chancellor decides locate Medical school on campus. High Street group Dr. had fire department condemn law school, padlocked out of old Hoyt mansion; Law school always made money, medical school lost money. Had to teach school various locations. Construction of the new building; hurriedly built, poor construction, no elevator, bad design, library on 3rd floor. 1952 teaching full time; 1955 Manly Fleishmann and Ed Jaeckle merge firms. Jaeckle's firm was Corona, Jaeckle and Kelly; Fleischmann Augsburger and Campbell. Needed tax lawyer on board. Left Law School full time but with agreement could always teach. Fleischmann was teacher and mentor, had great interest in law school; Mr. O'Brian was most prominent graduate and Manly Fleischmann's mentor. Fortunate to be in that succession. Happy with the best of both worlds--private practice, teaching--interest in law school. Practice at Jaeckle, Fleischmann, Kelly, Schwartz, and Augspurger (JFK) (Jaeckle big Republican) Practice was tax area. Teaching tax and future interest, developed tax program at Law School; Louis DelCotto was with Jaeckle Fleischmann before joining law school, student of Mugel's. Highest professional achievement? Maybe yet to come; most enjoyable work--time teaching full time, not bothered with clients. Dr Lenhoff used to say, "I resent my clients. They rob me of my time." Lenhoff was a favorite. If you hadn't known Dr. Lenhoff you would never understand the capacity of a human being for scholarship. Remarkable person. People that made a difference to him--the Manly Fleischmanns, Lenhoff, Hyman, Jaffe, opportunity to work with them as colleagues. Shaped him as a person and professional; taught him the importance of rationality in practice.

Keywords: Administration; Anecdote; Caliber of Students; Career / Military Service; Classes; Contributions; Faculty / Professors; Greatest Achievement; Law Courses; Law Faculty; Law Firms; Law Library; Law Professor; Law Students; Location; Peers; Practice; Practitioners and Faculty; Student Culture; Tax Law; Teaching Law

Subjects: UB LAW FACULTY

00:58:44 - 1st son lawyer, background, practice today; 2 middle sons lawyers locally; 4th son geologist; Sons not students of UB Law; Wife's education, interested in Education

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Segment Synopsis: Encourage family to law school? 1st son born while in Korea; Son's educational background, legal practice [break in tape]; 2 other sons lawyers locally Jonathan with Lippes firm litigator; Richard in father's firm doing corporate law; 4th son a geologist in Missouri; 4th son a geologist in Missouri, odd duck making an "honest living" with the US Geological Survey; Natural to go to law school for sons? no encouragement, none attended UB; Wife daughter of Episcopal Minister, Grace Church. Napier-Smith church on Lafayette, grad of Oberlin College, interest in Education, for 15 years was Chairman of Board of Education in Amherst; died 12 years ago.

Keywords: Children / Grandchildren; Expectations; Occupations; Spouse

Subjects: FAMILY HISTORY

01:03:47 - Unprofessional/ unethical activities in law practice; Hopes for UB law school future; Advice? stay flexible; Anecdote: Gil Pederson and civil service law; Other advice? gratification of the profession; Advice for law professors; Closing comments.

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Segment Synopsis: Practice of law now vs. then? disappointed in state of practice now, unprofessional and unethical now--adverstising, respect for other lawyers; Manly Fleischmann's firm most of work was reference work for other lawyers, never think of exceeding what was referred to do. Nils Olsen pay attention to ethical matters can't teach but a standard; hopes for law school to become top in country. Advice for current students? Stay flexible, no set ideas what to do in legal practice. Find a field of interest and become expert. opportunities and how they occur anecdote: Gil Pederson 1933 grad of law school. Lawyer in Rochester during Depression. No money. Taken Bar waiting to hear. Saturday sitting in office of Smith and Kendall. Man comes to door, was a garbage man who lost job with change of administration. Not fair. Takes case, looks up civil service law. 150 lost jobs action brought on behalf of. Protection of garbage men come under civil service; Reputation develops as leading civil service lawyer, State Police case; case of being at the right place at right time. Norman's own position as general counsel of Trico. Anything else to students? Holmes said a person can live greatly in the law; gratification in what you're doing. A learned and respected profession. Advice for professors? Law school professors understand the importance of the institution. will prosper as the law school prospers. Thanks and closing.

Keywords: Administration; Advice; Anecdote; Career / Professional Experience; Elections / Political History; Law Faculty; Law Firms; Law Professor; Legal Education; Legal Ethics; Practice; Significant Cases; Values

Subjects: UB LAW MISCELLANEOUS