Bernard Ernest Witkin (May 22, 1904 – December 23, 1995) was an American lawyer and author. He is best remembered as the founder of the California law treatise, ''Summary of California Law'', which came to be known as "Witkin" and gave rise to the Witkin Library of legal treatises.

Biography

In 1928, Witkin was an unhappy law student at Boalt Hall (

UC Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California), is a public land-grant research university in Berkeley, California, United States. Founded in 1868 and named after the Anglo-Irish philosopher George Berkele ...

) who thought that the

Socratic method The Socratic method (also known as the method of Elenchus or Socratic debate) is a form of argumentative dialogue between individuals based on asking and answering questions. Socratic dialogues feature in many of the works of the ancient Greek ...

used in law school teaching was not an efficient way to learn the law. He seldom went to class and was in danger of flunking out. About the time the dean told him he needed to shape up, Witkin had an epiphany: law is like any other discipline; it has rules that can be taught. He thought legal education should be more like science education and should teach students the rules of the discipline in an organized way. As

Samuel Williston Samuel Williston (September 24, 1861 – February 18, 1963) was an American lawyer and law professor who authored an influential treatise on contracts. Early life, education and family Williston was born in Cambridge, Massachusetts, to a ...

and

Arthur Linton Corbin Arthur Linton Corbin (October 17, 1874 – May 1, 1967) was an American lawyer and legal scholar who was a professor at Yale Law School. He contributed to the development of the philosophy of law known as legal realism and wrote one of the most ...

had done with their treatises on contracts, Witkin's approach was to reduce case law to black letter rules. He created an outline for each of his courses and started selling his notes to his fellow students. Following graduation, Witkin took a job with a law firm in

San Francisco San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of ...

for two years, while continuing to develop and sell his outlines. Following that job, Witkin clerked for the

California Supreme Court The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sac ...

. At the same time, he started to teach a bar review course. Witkin later clerked for the Chief Justice of the California Supreme Court. Around the same time, Witkin developed his outlines into a lengthy hardcover book arranged by subject matter. In 1940, Witkin became the

California Reporter of Decisions The California Reporter of Decisions is a reporter of decisions supervised by the Supreme Court of California responsible for editing and publishing the published opinions of the judiciary of California. The Supreme Court's decisions are published ...

. In that role, Witkin standardized the rules of appellate practice and wrote the

California Style Manual The ''California Style Manual'', as provided by order of the California Supreme Court and pursuant to statute, is "the official organ for the styles to be used in the publication of the Official Reports" of decisions by California's courts. A per ...

. Later he became interested in judicial education and legal reform. Over the years, his ''Summary of California Law'' grew into four inter-related treatises, which still reflect his original work. In 1968, Witkin gave a speech roasting each member of the California Supreme Court, and displayed his trademark colorful good humor. Witkin died in 1995 at the age of 92.

Honors and legacy

Witkin's treatises continue to be updated by the Witkin Legal Institute. Among many other honors, the California State Law Library is named in his honor. His collection of science fiction publications is held by the

University of California, Davis The University of California, Davis (UC Davis, UCD, or Davis) is a Public university, public Land-grant university, land-grant research university in Davis, California, United States. It is the northernmost of the ten campuses of the University ...

Library. Just prior to his death in 1995, he and his wife received the Benjamin Ide Wheeler Award for service to the City of Berkeley. On March 27, 1983,

Loyola Law School Loyola Law School is the law school of Loyola Marymount University, a private Jesuit university in Los Angeles, California. Loyola was established in 1920. Academics Degrees offered include the Juris Doctor (JD); Master of Science in Legal ...

awarded Witkin the St. Thomas More Medallion, with speeches by former justices Otto Kaus and Donald R. Wright. In

San Diego San Diego ( , ) is a city on the Pacific coast of Southern California, adjacent to the Mexico–United States border. With a population of over 1.4 million, it is the List of United States cities by population, eighth-most populous city in t ...

, the Law Library Justice Foundation holds an annual awards ceremony in honor of Bernard E. Witkin. The Bernard E. Witkin Award honors members of the legal community for civic leadership and excellence in teaching, practice, enactment, or adjudication of the law.

Personal life

In 1978, he married Alba B. Pichetto Kuchman (November 15, 1919 – December 26, 2014), who helped establish his charitable foundation. He was previously married to Gladys L. Burke Schwatka (m. 1957, div. 1968), and also Jane F. Kauffman Lemert (m. 1969), an arts patron who died on August 10, 1977. In 1981, Witkin donated Jane's art collection to the

Crocker Art Museum The Crocker Art Museum is the oldest art museum in the Western United States, located in Sacramento, California. Founded in 1885, the museum holds one of the premier collections of Californian art. The collection includes American works dating f ...

Sacramento, California Sacramento ( or ; ; ) is the List of capitals in the United States, capital city of the U.S. state of California and the county seat, seat of Sacramento County, California, Sacramento County. Located at the confluence of the Sacramento Rive ...

References

Sources

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External links