FACHER, Jerome P. Of Boston and Arlington, formerly of Wilkes-Barre, PA, on Thursday, September 19, 2019. He was the beloved husband of Vivien C. Gattie, loving father of Gillian Facher of Philadelphia, PA, Marise Facher of Waltham, MA, and grandfather of Sophie. Dear brother of the late Herbert L. Facher. Services at Beth El Temple Center, 2 Concord Avenue, Belmont on Tuesday, September 24 at 11 a.m. Burial will follow at Beit Olam Cemetery, 60 Old Sudbury Road, Wayland. Memorial Observance immediately following the burial at his home in Arlington. In lieu of flowers, remembrances may be made to the charity of your choice. Facher was born in Wilkes-Barre, PA on December 9, 1925 to Morris and Gussie (Levy) Facher. After leaving Meyers High School early to attend Bucknell Junior College he discovered chemistry was not for him and so began his transfer to Pennsylvania State College where he majored in journalism, graduating in 1946. That same year he enlisted in the Army, serving a tour of duty in Korea. Following his military service in Korea, Jerry was accepted to Harvard Law School where he was an editor of the Harvard Law Review and graduated magna cum laude in 1951. Jerry described it as "the defining experience of my life". His appreciation and close association with Harvard Law School was lifelong. He taught a section of Trial Practice there for 29 years, was an instructor in Trial Advocacy Workshop and in 1999 was a Distinguished Alumni Speaker Series lecturer. After graduation Jerry had offers to join Wall Street firms, but instead chose public service with the Department of the Army as part of a small cadre of civilian lawyers recruited to form the Office of Department Counselor. In 1953, he joined the U.S. Delegation to NATO in Paris, dealing with the important issues of U.S. participation in the planning, construction and financing of military projects being built in various NATO countries, including air fields, naval bases, and secret war headquarters. He then returned to Boston in 1955 where he joined Mintz Levin and Cohn as a litigator. Thereafter he joined Hale and Dorr in 1959 where he remained until his retirement in 2013. At Hale and Dorr, Jerry became a senior partner and served as Chairman of its highly regarded Litigation Department, which included star litigators Joseph Welch and James St. Clair. He served on the Massachusetts Judicial Nominating Commission, was appointed by President Carter as chairman of the First Circuit Judicial Nominating Commission. The Supreme Judicial Court twice appointed him as special counsel to the Judicial Conduct Commission to investigate instances of judicial misconduct. Jerry represented many important individuals and corporate clients, including the conglomerate Beatrice Foods. In 1982 Beatrice was sued by families in Woburn, Massachusetts claiming contamination of city wells. In 1986, after an 86 day trial, Beatrice was exonerated and the case was ultimately settled by the remaining defendant, W.R. Grace. The "Woburn case" as it came to be called, was chronicled by Jonathan Harr in his best selling book "A Civil Action". Jerry retired from WilmerHale in 2013 but long after retirement he continued to lead and judge the firm's mock trial program, conducting his final mock trial last spring for over six hours and providing the participants with his usual candid, fair and constructive rulings and critique. Jerry was a lifelong Red Sox supporter and an ardent theatre fan. Levine Chapels, Brookline 617-277-8300 www.levinechapel.com

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Published by Boston Globe from Sep. 21 to Sep. 22, 2019.

Memories and Condolences
for JEROME FACHER

4 Entries

Steve Asher

October 10, 2019

This week was Kol Nidre, and as I sat at Temple Shalom of Newton, my thoughts turned to Jerry Facher. For decades, he was part of our High Holiday family. He'd arrive for dinner in one of his well-worn BMW's wearing his most sincere suit, enjoy my mother's brisket, and then with his friend Norman, my father, he would insist on rushing out to services to arrive in time to obtain what he and Norman thought were the good seats: left front, near the choir. Jerry kept his tickets, hoping that someday the Temple would repeat the color used a decade before so that he could reuse an old ticket and beat the system. It never happened, although he did find a close match one year.

Although a loyal High Holiday attendee, he was by no means an uncritical participant. Generally he thought the succession of rabbis down the years were too kind to the congregants. He recalled that back in Wilkes-Barre Rabbi Robinson (I think) would begin his Kol Nidre sermons with You miserable sinners and then proceed to describe how miserably hungry the congregation would be by Ne'illah. This was Jerry's idea of a Yom Kippur sermon.

He especially enjoyed the Haftorah portions that emphasized our shortcomings. He fasted but quoted Isaiah 58:3-4, reprinted in Mishkan Hanefesh: Yom Kippur (2015) at 277 (Yes, Jerry, I checked the cite):

Because even on your fast day you think only of desire
while oppressing all who work for you.
Because your fasting is filled with strife,
and with callous fist you strike.

But by the afternoon service he recalled that the Eternal was not only just but merciful, remonstrating His reluctant prophet Jonah for his lack of compassion to the inhabitants of Nineveh:

Should I, then, not have compassion for the great city of Nineveh, a place of more than a hundred and twenty thousand human beings unable to tell their right hand from their left - and many beasts?

Jonah 4:11, reprinted in Mishkan Hanefesh, op. cit., at 349.

I believe Jerry preferred the translation, and also much cattle, but whether they were beasts, cattle, or kine, the point was the same.

He and my father Norman were dear friends for half a century. My recollection (which may be wrong) was that they were named partners of Hale and Dorr at the same time. They were both Jewish lawyers who came from small cities (Worcester and Wilkes-Barre) and succeeded in a major big-city law firm, and they loved it. Norman had a high regard for most of his partners, usually merited, but his opinion of Jerry bordered on awe. If you could watch Jerry Facher try a case, . . .' he would begin.

A close friend of mine who went to Harvard Law School and then became a successful litigator for several major firms took Trial Practice with Jerry and confirmed what Norman said.

At one holiday dinner, Jerry performed a mock cross-examination of my son Dan, then about 11, about what he did that day. Shortly he had Dan, not usually lost for words, tied up in knots. Dan's face lit up with delight. I think he too was inspired by Jerry to become a lawyer.

Speaking of sacred spaces, Jerry and Norman enjoyed adjourning to Fenway Park to watch the Red Sox, who for most of those years were just good enough to break your heart. Jerry had an expert's eye for the nuances of the game: the well-placed bunt, the perfectly positioned shortstop, the pitcher who threw a curve when the hitter expected a fastball. Norman, by contrast, always called for a double steal, even if no one was on base. My father loved every game; Jerry was more discriminating. When something wonderful happened, Jerry would say That's why there's nothing like this game. When some oaf grounded into a rally-killing double play, Jerry would make his displeasure clear.

I like to think that Norman, who died in 2010, and Jerry are together again in a place where Filene's Basement is always open and well-stocked with navy blue suits, brisket is served at every meal, the rabbi inveighs against sin and sinners, and the Red Sox win every day, or at least never lose by hitting into a 6-4-3. I hope they get to see a double steal.

September 23, 2019

It was a true pleasure to have worked with Jerry at the former Hale and Dorr. He was a great lawyer, and a supportive, respectful partner to the professional business staff at the firm. He will be missed. RIP JPF. Silvia Coulter

Anthony Battelle

September 22, 2019

One of the truly great lawyers of our time.

Anthony Battelle

September 22, 2019

Decades ago, as a young attorney, I was tasked to review a mountain of documents stored in the bowels of a tall building in Boston, where I expected to spend days alone and bored. When I arrived, Mr. Facher himself was on location to assist me in my review. He was the most courteous, helpful, and fair minded attorney I have ever encountered, and the task of review was a delight. Not only that, but I did not find a single document that proved helpful to my client! Rest in peace, Jerry, you were an inspiration to countless young attorneys such as myself. Anthony Battelle

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