Have You Received This "Honor"?

Brian Tamanaha

Imagine the pride I felt when I received the following letter:

Dear Professor Tamanaha,

On behalf of the Board of Directors, we are pleased to inform you that you have been selected to become a Fellow of the American Bar Foundation. Membership in The Fellows is a great honor and your selection recognizes your leadership in and contribution to the legal profession….The New York Fellows conduct monthly luncheons in New York City, and sponsor lectures and informal gatherings around the state….A number of leaders in the ABA and other professional associations participate in the New York Fellows.
….

The letter was signed by seven legal luminaries, including a former Dean of Columbia Law School and two prominent law professors at area schools. The accompanying list of current Fellows has many impressive names.

I was honored that my work had been recognized in this way.

Okay, there was a small catch in the final paragraph:

You will receive a formal invitation and pledge card in the mail shortly. Accepting this invitation requires a tax-deductible contribution of $250 per year for ten years.

That’s a sizable amount of money for me—$2500 over ten years—but not an undue sum, I thought, given the honor and opportunity to be a part of this select group. And I contemplated asking the Dean whether the law school would make the payments on my behalf, given that it was a professional achievement.

Imagine my bemusement when I discovered, several days later, that a bunch of people on our faculty (perhaps nearly everyone above a certain age?) had received the same “honor,” including at least one person who has not published or engaged in any professional activities (other than teaching) in many years.

Although I cannot say for sure, it’s hard to avoid the conclusion that this letter is nothing more than a deceptive solicitation for contributions (that's certainly what we suspect). I say deceptive because the letter, and the entire package it came with, is written and designed in a manner that gives a clear impression that the recipient has done something special to earn this recognition. It appeals to the ego and insecurities of law professors, many of whom perpetually wonder whether anyone pays attention to their work (making us easy targets for this kind of pitch.). It uses the term "Fellow," which is a genuine honor in academic circles. [It would be especially devious if they intentionally sent the letter during the summer knowing that most professors would not be around, and so would not learn that this was a liberally bestowed honor.]

If this is indeed a deception, it is beneath the dignity of the American Bar Foundation. The ABF supports important research on the legal profession. Some of the best books I have read on the subject have been funded by the ABF. I respect and admire people at the ABF. Indeed, I have thought about developing a relationship with the ABF in connection with a future research project (though I guess this post puts an end to that prospect). If the ABF wants contributions, it should say so directly, not send out letters based on a pretense.

I hope I am wrong about this.
Posted 3:40 PM by Brian Tamanaha [link]