In Memoriam Charles Fried

I was sad to hear about the recent passing of longtime Harvard Law Professor Charles Fried. I had been surprised (and impressed) to learn that Prof. Fried had retired from teaching just last semester. When I took Constitutional Law from Prof. Fried two decades ago, he had already been on the faculty for 40 years.  I am glad to know that many more students had the opportunity to learn from him.

Others have written ably about Prof. Fried’s impressive life and career. As a first-generation law student, I recall being awed by his impressive resume. It was always exciting when he started our class discussion about a case with the words, “When I argued this case at the Supreme Court . . .”  As a former Solicitor General, he could use that phrase often. But rather than repeat what others have written, I wanted to share my favorite Prof. Fried story—the story where Prof. Fried gave me some of the best advice I received in law school.

Sometime during my 2L year, I decided that I wanted to apply for judicial clerkships. Not knowing much about the process, I thought that my clerkship chances would improve if I asked my most famous professor to write a letter of recommendation. Prof. Fried easily fit that bill. He also served as the faculty advisor to the Harvard Law Federalist Society, and I was actively involved in the organization. I arranged a meeting with him to request the letter. I recall being nervous as I approached his office—I was not one to visit office hours.  I reminded him of my name and respectfully asked for a letter. Prof. Fried kindly agreed to write a letter, but then explained that because I hadn’t talked a lot in class and didn’t have an especially high grade (both statements were true), my letter would not be that strong. He then gave me the key advice. He said that I might be better off asking someone who knew me better to write a letter.  I thanked him and said either that I would do that or that I would let him know (I can’t quite recall which).  Then I left his office.

I took his advice.  I requested other letters, applied for clerkships, and spent an amazing year clerking at the federal appellate level.

Now, some might read this and think that Prof. Fried’s advice was a bit harsh. It wasn’t. I remember him being nothing but gracious and kind as he shared his thoughts. Now as I professor, I understand even more where he was coming from. Writing letters of recommendation can be hard, especially when you don’t have much to say about the student. And judges prefer letters from recommenders that can speak to the skills that would make you a good clerk. Not talking in class and getting a mediocre grade don’t fall into the quality clerkship skills category.

Further, I have had the opportunity to share his advice with countless law students as I counsel them about clerkships. For my entire decade teaching I have preached the value of clerkships to students—recently writing a book on the topic. As I share the steps that they will need to take to apply for a clerkship I can encourage them to build relationships with professors and employers that will lead to good letters of recommendation—letters that speak to the skills that will make them a stellar law clerk.

I will always be grateful to Prof. Fried for his advice. My thoughts are with his family. Requiescat in pace.