WilmerHale is saddened by the death of our retired partner Jerry Facher. Jerry passed away at age 93.
Jerry made an indelible impact on the people and places he touched—from his hometown Wilkes-Barre, Pennsylvania, where he excelled in sandlot baseball with his brother, Herbie; sold shoes to pay for college; and after a long, successful, and distinguished legal career, endowed a college scholarship for students at his alma mater Meyers High School—to Boston, Harvard, Hale and Dorr, and WilmerHale, where he achieved legendary status as a brilliant trial lawyer, revered for his humility, kindness, and commitment to making the profession and following generations of lawyers excellent.
Jerry graduated from Bucknell University Junior College (later known as Wilkes University) in Pennsylvania and then Penn State University in 1946. He was admitted to Harvard Law School but enlisted in the Army and served in Korea. After returning from Korea, he enrolled at Harvard Law in 1948, was elected an editor of the Harvard Law Review, and graduated magna cum laude in 1951.
Jerry cherished Harvard Law School, describing it in the same interview as "the defining experience of my life." He taught a section of Trial Practice at Harvard Law for 29 years, was an instructor in Trial Advocacy Workshop until very recently, and in 1999 was a Distinguished Alumni Speaker Series lecturer.
After law school, Jerry chose to go into public service as assistant to the department counselor in the Office of the Secretary of the Army. In 1953, he joined NATO as a US representative working on where to spend money on military installations, and in 1955 returned to Boston where he litigated at another firm until 1959.
Jerry opposed Hale and Dorr's legendary Partner Jim St. Clair in a case, and Jim was so impressed that he later asked Jerry to join Hale and Dorr. Over the years, Jerry litigated a broad variety of cases, including antitrust, commercial disputes in many different industries (including services, technology, entertainment, real estate, and finance), products liability, intellectual property, securities fraud, and environmental contamination. Whoever the client was and no matter what the stakes, Jerry's fierce commitment to excellent lawyering, zealous representation of the client's interests, professional ethics, and respect for our system of justice and the courts was the same. After a hard-fought trial, Jerry invariably had earned the respect of his clients, his opponents and the court.
Jerry's most well-known case was his defense of Beatrice Foods in an environmental contamination case in Boston federal court which resulted in a favorable jury verdict after a 78-day trial. Jonathan Harr wrote a best-selling book about the case called "A Civil Action," and Jerry and his lead opposing counsel were the protagonists. An eponymous movie followed (shot in the Boston area) in which Robert Duvall played Jerry. Although some thought Duvall overdid Jerry as a quirky, frugal curmudgeon, Jerry was thrilled to be a part of the movie.
Jerry was committed to improving our justice system. He served on the Massachusetts Judicial Nominating Commission, was appointed by President Carter as chairman of the First Circuit Judicial Nominating Commission, and chaired the Massachusetts Supreme Judicial Court Standing Advisory Committee on the Rules of Civil Procedure, and on the Academic Committee of the Flaschner Judicial Institute. The Supreme Judicial Court twice appointed him as special counsel to the Judicial Conduct Commission to investigate instances of judicial misconduct. He served as reporter for the first Conference of the Superior Court Bench and trial bar on civil procedure and trials.
Jerry was fiercely committed to training the next generation of lawyers in and out of the firm. He unselfishly gave his time and energy to young (and even not so young) lawyers on his cases and his focus on effective writing and oral presentation was exacting and relentless. He led many of the firm's litigation training programs, including mock trials, deposition workshops, and written advocacy, and was the first recipient of the firm's Excellence in Training Award which was named after him. Long after retirement, he continued to lead and judge the firm's mock trial program across our offices. Jerry is also the author and teacher of a video-series for the Boston Bar Association entitled "Excellence in the Courtroom" in which a number of firm lawyers played starring roles. Jerry was an early and active proponent of promoting the careers of women lawyers and lawyers of color.
Jerry had many important roles within the firm, including a long tenure as Chair of the Hale and Dorr Litigation Department. The firm also entrusted Jerry with its most sensitive and important matters. He was Hale and Dorr's first formally designated Risk Management Partner after having already effectively served in that position for several decades. Jerry's door was always open, and he gave freely of his time. "What would Jerry do" continues to be invoked when firm lawyers are faced with challenging ethical, legal, and client relations problems.
Jerry had close friendships with many lawyers and non-lawyers at the firm. He cared deeply about his colleagues and their families and they for him. Perhaps Jerry's most lasting contribution to the firm is the important role he played in its culture. Jerry showed the WilmerHale community, striving for excellence, selflessly advocating for clients, practicing ethically, and distinguishing between what is right and what is convenient are all fundamental, but not sufficient. By word and deed he taught individuals that trying a case closely with your team is more fun and less intimidating than doing it alone. Treating colleagues, adversaries, and decision-makers with dignity and respect is the only choice. Practicing law together and under the rule of law is a very special gift and opportunity. Kindness and decency are key; not an afterthought. Jerry was very fond of reminding everyone that you get more with honey than vinegar. And, although not essential, a sense of humor, appreciation for life's little ironies, Shakespeare, and the giddy heights and dark depths of Red Sox fandom will help you to get through the rough ones.