After reading Gerald Gunther’s excellent biography of Learned Hand, I’ve compiled some notable work habits and character traits of this influential judge:
• Disliked Using the Telephone: Hand preferred written correspondence and was an avid letter-writer.
• Daily Walks: He took 4-mile walks through Manhattan to the courthouse every day.
• Openness to Different Views: Hand placed immense value on being open to all points of view, especially those with which he initially disagreed. He once remarked, “Skepticism is my only gospel, but I don’t want to make a dogma out of it.”
• Disdain for Law Practice: Despite his accomplishments, he disliked practicing law.
• Lifelong Reader: Hand was a voracious and broad-ranging reader throughout his life.
• Philosophical Interests: He maintained a lifelong interest in reading philosophy.
Pre-Conference Memorandums
• The Second Circuit introduced a pre-conference memo procedure to encourage individual consideration of each case before group discussions.
• Each judge would work through the case independently and form tentative conclusions before consulting with colleagues.
• Judges refrained from reading others’ memos until they had completed their own.
• Hand’s memos typically ranged from two to four pages, but some were as long as ten pages.
Writing Process
• Hand wrote all his own opinions. His law clerks were tasked with familiarizing themselves with cases by reading briefs and supplemental materials, so they could discuss the issues thoroughly with him.
• He drafted his opinions on legal-size yellow pads, often seeking feedback from his clerks. Some opinions went through as many as thirteen drafts.
Personality and Leisure
• Humor and Sarcasm: Hand’s sense of humor and sharp wit were unmatched among his peers.
• Musical Interests: He enjoyed singing old Calvinist hymns, sea chanteys, and Gilbert and Sullivan numbers.
• Theater and Literature: Hand loved attending the theater and reading classic literature, though he rarely went to the movies.
Work Ethic
• Hand often worked on weekends and holidays, frequently spending time at the library of the City Bar Association.