Please tell us about your self and your childhood
I find it satisfying, also for me personally, to be able to look back upon my life in this Fulbright Interview, including the
times of my childhood. Although we are talking about war years during the 1940s, I recall that I had a good childhood. I grew
up in Vienna, in Breitensee, a part of the fourteenth district. I lived with my parents there in a small, cramped public-housing
apartment. However, you know, this very closeness in this apartment complex generated a community spirit amongst us tenants
because, naturally, there were other young kids I could play with. I believe that this contributed to my gaining a sense for
relationships to other people.This phase was followed by my school years: living in the western suburbs of Vienna, I
attended, after elementary school, the Maroltingergasse High School in Vienna’s 16th district. This proved to be a very
special, defining experience for me. When I read about the endless contemporary discussions concerning education and schools
nowadays, I look back with the feeling that, largely thanks to our progressive headmaster, Norbert Janitschek, my schooldays
were wonderful. This is largely due to the fact that our education there went far beyond the actual subjects being taught
and, secondly, because we had what we called our School Club. This club was not organised by the school, but by the then
existing "Austrian League for the United Nations“. At that time we already had the opportunity, according to an applied
principle of self-administration of the Club by the pupils, to organise meetings for discussing with acknowledged
personalities subjects which concerned the reconstruction and future of the Republic of Austria as well as cultural subjects.
It was this experience which aroused in me a lasting interest in international affairs. During the summer holidays both I myself
and some of my friends were able, at the tender age of 16/17, to visit the then only European United Nations Headquarters, in
Geneva. This was entirely due to this Austrian United Nations League and our Club; the consequences were to prove enduring.
And so it came that after finishing school - during and even before my student-days - I developed a desire to take
a look at America, on the other side of the wide Atlantic. This desire, too, had been aroused during my time at high school.
For some two or three years already, a 7th grade pupil had been selected annually and offered the opportunity
of attending, for a year, a high school in the United States of America. Shortly before us,
a pupil (about three years my senior), one Kurt Engleitner, had done just
that; after returning, he retained and maintained his contact with America. I had observed just how deeply this year had left
its mark on him and thought: well, might be a good idea to apply myself. The only problem was that in my seventh grade year the
program had just not been available. As a result, no one was selected and my plan had to be put on hold. After having passed
my High School Graduation successfully, my next life-shaping decision was to commence my law studies in Vienna. All the
same, I held on to my dream of spending some time in America during my studies. Well-meaning professors managed to convince
me, however, that it might be wiser to complete my studies first, then to continue them at postgraduate level, as we now call it,
in the USA. And so it was to be. I completed my law studies quite quickly and graduated in the summer of 1963 at the tender age
of 23. In the previous summer of my final student year, 1962, I had a very special experience. I had applied for a university
summer French course in France. There all of us coming from different countries formed a small, international student group.
At the University of Grenoble, I encountered an American student who had just completed his law studies at the New York University
School of Law and now wanted to apply for a position at the first US law firm that had just established an office in Paris.
Back in those days, such opportunities were rare. We had become good friends on the tennis court where we both liked to play. It
gives me great pleasure to disclose his name: Roger Milgrim. It was he who said to me: "You know, New York University has a
program specially for foreign lawyers who have already graduated, where they then study comparative law. Surely that would be
something for you.“ It was he who really convinced me about this. And so ensued a first experience, and a very positive one it
proved to be, inasmuch as Americans don’t just advise you verbally, but also follow it up and subsequently continue to help
you. Roger sent me university programs and application forms as one had to apply to be accepted by a university, in those days
just like today. Nowadays, too, this applies in the USA, there being no general admission to studies, but rather individual
selection. I combined my application to NYU Law School with one for a Fulbright-Scholarship. It worked and so to my great joy, I
was finally able to travel to the USA. I must mention that in those days there were no big jets available with which one could
hop over to America. We were a fairly small group of Austrian Fulbrighters who set sail on board a ship, via the long route
from Genoa to New York. This was an amazing experience in itself, we were students from all different academic disciplines,
studying history, technical subjects, linguistics, etc. My goodness, what an experience that voyage was. No sooner had we
introduced ourselves to one another, then we began discussing just what would be waiting for us in New York or in other US
cities. Not one of us Fulbright Grantees had visited the USA before. We had a great time on board, the journey lasted 6 or 7
days if I remember correctly, first through the Mediterranean and then across the Atlantic. Even during this time on board we
developed a strong community spirit. Everybody knows that at some point there is a Captain’s Dinner to which voyagers are also
invited to contribute in some way to the "Performance“. The whole group decided to demonstrate an Austrian folk dance. We rehearsed
hard in some cellar on board ship and fortunately the girls all had Dirndls with them. Our performance proved a huge hit at the
Captain’s Dinner. Soon thereafter, early one morning, we all rushed up on deck, having heard that New York would soon be in
view. I can still hear one of the Fulbright girls calling out: "Look, there’s the Statue of Liberty“! And so we sailed by the
"Lady Liberty“ and up into one of the berths on the Hudson River. A New York University student picked me up from there, one of the
students I later became firm friends with during my time there. Then as now, the routine was that one did not attend university
right away. The other students in our Fulbright group had moved on to their respective cities, not New York; I was the only New
Yorker in the group. Some went on to Boston, to Chicago or to other cities; I, however, had reached my destination. The
"Institute of International Education“ as it was called, continued to look after its foreign scholars during the entire
year. To start with, they organised a week with a guest family for me. And so I discovered, for the first time, that New York
City was surrounded by so-called suburbs of varying character. My guest family lived in Larchmont and it was there that I began my
American life and was introduced to the American Way of Life. My guest family had two small kids, aged 5 and 6, and I have
remained in touch with them to this day. And so it came about that they invited me, during university term, to join them for my
very first US Christmas. It was there that I explained to the kids about my sporting activities and roused their interest in
skiing. Funny, but I should, perhaps, explain that I had been the first Viennese to be admitted to the St. Anton am Arlberg
ski-school as ski-instructor. At that time, a man called Rudi Matt was a famous head of a ski school; if I remember rightly, he
had been Olympic winner in 1936, after which he set up his own ski school right there in St. Anton, Tyrol. In those days St. Anton
attracted many Anglo-Saxon visitors, mostly from the USA and Britain. This proved a huge help in polishing my English
because, of course, I spoke mainly English with the guests attending the school. It was there that I had another enriching
experience. There was one ski-school pupil, a gentleman of some stature from America, who it turned out had been an Austrian
emigrant, being Jewish. As I had heard and been taught, there hadn’t been many keen Alpinists among the pre-1938 Jewish
population in Vienna. Here, however, was a man who adored mountain and ski sports. During the time I was ski-instructor in
St. Anton during vacations, I guess about 1959 or ’60, this gentleman returned to Austria for the first time since his
emigration under pressure from the Nazis. He and his family lived in one of these suburbs of New York, where he also worked
and had prospered. Later on, gradually a lifelong friendship had developed between us. New York was, thus, to be a many-faceted
experience for me; what’s more, back in those days, the 1960’s - today probably less so - Austrians in America were in great
demand to head ski schools; some managed to become quite famous there. You must know that to the East, up in Vermont and New
Hampshire and also in Upstate New York, there are some excellent skiing areas. Each fall these ski resorts would present
themselves in New York City in a large exhibition hall. I remember one ski school head who hailed from Killington, Vermont,
who was originally from Salzburg. I resolved to go and talk to him: "Brauchen Sie vielleicht in den Weihnachtsferien noch einen
Skilehrer?“("Might you be needing another ski-instructor?“); he engaged me on the spot, so that was another "Historic Experience“
for me. I should mention our student group at the New York University School of Law: we were truly international which was
unusual at the time; nowadays it is far more common. It was there that I came into contact with all sorts of nationalities, many of
them my fellow students. The oldest of us was already a judge in the Sudan, whilst half my international student colleagues hailed
from South America. This was to prove important for me, inasmuch as it afforded me the opportunity to undertake a trip around
South America at the end of my year in New York, when everyone had already returned to their home countries. I shall be
describing how I immediately had the opportunity to do a bit of legal work whilst in New York; this meant I could scrape a few
dollars together and buy a cheap air ticket and so set out on my journey around South America. In those days the legendary PAN-AM
airline still existed and they had such a ticket on offer. This meant I was able to visit all my old friends from New York
University after they had returned safely home and were already working back there. So I travelled all around South America. But
let me return to New York. To discover another, totally different legal system, having just completed my studies of Austrian Law,
proved a simply amazing experience. Today it is generally known that the American Case Law System is no longer purely as such
there. Certain areas of law have been standardised by means of codified laws. The earliest such codification is the Uniform
Commercial Code, valid even then practically in all States of the US. However, back in the 60ties and even later in the 70ties, by
contrast to our codified laws, our court decisions were not yet generally available or accessible. Even Austrian Supreme Court
rulings which can easily be read online these days, were then hard to come by. I must say, these differences in legal systems
were truly fascinating and so were their effects upon clients, judges and lawyers alike. I must therefore make it quite clear
that this Fulbright Program was to prove decisive after my return here, because of what I learned during that time. When one visits
a foreign country, especially the United States of America on the other side of the Big Pond, one is bound to be interested in what
the differences are, what one springs especially to mind. I discovered that people over there were more communicative than
they were in Europe, especially in Vienna. This was true at all levels of society, among students and adults alike. This was the
case with our apartment-sharing communities and out in the so-called suburbs, with their gardens devoid of any fencing. In
other words, there are no fences between neighbours, but everyone respects one another all the same. That really was new
for me! Another feature that sticks in my mind and which influenced me lastingly,
is that at student parties one is always asked one’s
name. Later, when saying goodbye at the end of the party, the person in question invariably remembered one’s name and would
say: "Heinz, it was nice meeting you.“ Yes, that impressed me. Not only that, however, the willingness to help and then actually
to remain in touch, too. If one was invited to some private occasion - this has gradually spread even to Austria - there
always followed the so called Thank-you-Notes. It was not common practice in Vienna to say thankyou in writing, be it to a family
or to a friend who has thrown a party. So these were my first impressions and they truly delighted me, were to influence me for
life. Here I should like to mention a bit about the professional Impetus: I had at the end applied for a legal job, particularly
also with the support of Austrian contacts. After all, we are talking about 1963, when I first came to New York to start
studying at NYU and in which year the Austrian Cultural Institute was founded in New York City. This was to prove of real
importance to me. The first head of the Institute was one Dr. Wilhelm Schlag, with whom I was to remain firm friends till his
all too early death. Let me explain that he later returned to Austria and assumed responsibility for the Austrian Federal
Museums in the Cultural Ministry. Back in those days, the great museums were still attached to the Ministry and had not yet been
outsourced. Willi Schlag helped me with my visa and working permission, so as to remain a bit longer in the USA, without
breaking the strict Fulbright regulations. Fascinating about Dr. Schlag, with regard to New York City in particular and its
historical background, was the fact that many Austrian immigrants were gathered primarily in New York. It was through Dr. Schlag
and the Institute that many of these people for the first time formed strong bonds again with their country of birth. It was at
cultural events in the Institute which I sometimes attended, that I came to know many former Austrians. On one occasion by chance,
I succeeded in impressing Dr. Schlag: NYU which maintained intercultural programs alongside the actual study programs had
been looking for foreign students willing to go and visit local schools in NYC to talk to pupils about their home country, as a
part of their history and geography lessons. I volunteered immediately and figured, well, I’ll go to the Austrian Cultural
Institute and let them help me gather material to distribute in those schools. And it happened that I came to know schools in the
less salubrious districts of New York City that one otherwise would never have visited. There are amazing differences between
areas in New York City, even on the Island of Manhattan. In those days, at least, the Lower East Side was a distinctly
underprivileged area and the public schools there were a pefect match. Nevertheless I found that the young people were genuinely
interested in what I had to tell them about Austria and how life had been there after the War. Yes, my memories of these occasions
remain vivid. Then, I was the only member of the NYU international student group of the academic year 1963/64 who was
to remain there after the studies had been completed and work as a foreign lawyer for a law firm: "Debevoise Plimpton Lyons and
Gates“, as they were then called. This firm was one of those Wall Street law firms which were already large back then. This
experience was to prove significant during my subsequent career. Back in the 60’s and 70’s here in Austria, there were no major
legal partnerships. Attorneys usually operated singly or on a father-son basis, but not in attorney-partnerships. The senior
partner back then of this New York firm I worked for was called Eli Whitney Debevoise. As pronounced in American English the
first name "Eli“ sounds a bit funny. He had, at some stage of his long career, also worked in government service and had, during
the occupation of Germany, been what I think was called, Assistant High Commissioner for Germany. As a result he still
maintained links with that country. If I may mention, I recall a historical fact which was indeed interesting: in 1952, he had
been head of the negotiating team of the Western Allied Powers which negotiated the so-called Bonn Treaties with West Germany.
This treaty has served as a substitute for a peace treaty with Germany ever since. A long time after that treaty had been
signed, in 1964 certain implementation laws were required to be passed by the West Geman parliament in Bonn. There had been, it
must be remembered, differences of interpretation between the political parties of clauses in the Bonn Treaties. I’ve no wish
to expand on this, but these differences had been of a lasting nature so that in the end the politicians said: Well, then let’s
ask the man who negotiated this matter for the Western Allies. So, they set about finding him and eventually had reached Mr.
Debevoise. That’s how it came about that he was asked
to give a legal opinion regarding the clauses in dispute. It suited him
perfectly to have the assistance of a German-speaking lawyer - me - for interpreting the literature already available in Germany on
the matter. I recall another coincidence. Another significant partner in the firm also had links with Vienna, having headed the
legal delegation during negotiations establishing the International Atomic Energy Agency (IAEA) there. This required a
so-called "Status Agreement“ with the Republic of Austria which he had negotiated. To this end, he had spent more than six months
in Vienna and I reckon that this contributed to his consideration that "this young
Viennese lawyer could be useful to us when dealing with arbitration with German clients“.
It was thanks to him that I gained experience of international arbitration
procedures early on in my career. Oh, by the way, his name was Robert B. van Mehren, but everyone called him Bob van Mehren. He
had a twin brother who was a renowned Professor of Law at Harvard University Law School. This is how I came to have so many
wonderful international contacts. But at last it was time to return to Vienna; or, to be honest, I had to return, having first
visited my international colleagues in South America. I returned briefly to New York from there and really had the feeling of
"coming home“. I found it tough leaving New York finally and returning to Austria. Here’s a favourite saying of mine: "I never
had a cultural shock after coming over to New York from Austria, but I surely had a cultural shock in 1966, when I returned to
Austria from America“. I wanted to apply for a job with one of the legal practices here, one of the very few back then who dealt
already in commercial law and the economic sector. As I already mentioned, there were no legal partnerships in Austria serving
major businesses in those days. I remember how, at one job interview, I introduced myself accordingly, as one does on such
occasions to this day and told my interviewer about my US experience. And here it comes: this decidedly prominent lawyer
interrupted me with the words: "Where were you, young colleague? In America? For goodness’ sake, they don’t have a legal system
over there!“ Let me briefly explain the continental differences: Codified Law on the one side and Case Law on the other side. Back
then, over here, the prevalent feeling even amongst business people tended to be: "We don’t need lengthy and complex contracts
to be drawn up, it’s all set out in the General Civil Code or the Commercial Code anyway. Who needs long legal draftsmanship for
agreements?“ In practice, however, in international commercial and contract law, the Wall Street firms did indeed require their
contracts to be drawn up with great precision, because of the Case Law system. As a result Americans paid great attention to
the facts and circumstances in drafting the contracts they drew up. They did this so as to clearly define the starting out basis
of both parties to the contract. This resulted in long contracts and the practice was subsequently to be established in all forms
of contract. The fact that nowadays company acquisition contracts, in particular, require a "due diligence“ analysis - in
those days the expression didn’t even exist here in Europe - shows that the practice stems originally from America. Then
again, both our business and our legal world learned all this from the Anglo-Saxon law sector, for example the famous
"representations and warranties“ in a takeover agreement, setting out for the
warranty obligations on the part of the seller the relevant facts of the case in detail.
Today all this is common practice. All that the business world and the legal community
has actually learned from the Anglosaxon legal system. I subsequently had the chance, instead of joining a private law
practice in order to gain my first professional experiences, to have been accepted into the Solicitor General’s Office
(Finanzprokoratur). There I was offered a real opportunity. This office, namely,
effectively constitutes a real public law-firm of the Republic of Austria. You have to know that this office
has a long tradition going right back to the Austro-Hungarian Monarchy,
the Habsburg Empire. Indeed, my boss there had himself begun in that public office at its then branch office in Lemberg (Lwiw) in
the Ukraine. This appointment proved fascinating and it was in this Solicitor General’s Office that I experienced how it is to
work within a group of lawyers. I was later to remark, in recognition of this: in those early years in Austria, "the
Finanzprokuratur was the first and only law firm in Austria“. It is for this reason that I remain in touch even today with former
colleagues, now retired. I also know the current President of the Finanzprokuratur, Wolfgang Peschorn. Nevertheless, I eventually
had to make up my mind (some five years later, having passed the respective Bar Examination and a specific Solicitor‘s General
exam) whether I was going to remain where I was or turn to some other legal occupation for my career. It was about that time that
I bumped into an old school mate of mine - not from my class - but from the same school, the Maroltinger High School, I’ve
mentioned before. He had worked in a renowned practice and had now decided to set up his own law practice. Quite spontaneously
we resolved to do just that together! And so the "Heller & Löber“ practice was born. I was to spend my entire professional career
with this friend, Kurt Heller. As a start we were able to form our own partnership, making use of my New York experiences. We
very quickly developed into "Heller, Löber, Bahn & Partners“. This was very much a development promoted by my Fulbright time
and my work experience immediately thereafter in the USA. There were particular qualities which I had learned and grown
accustomed to during my study and work period in America. Here’s just one example from our subsequent partnership: when a client
came to our law-office to see me, I developed the habit of introducing him to the other partners. Even when dealing with a
case on my own we used to say: do meet my colleague "So-and-so“. Another thing which impressed me in America - and I doubt whether
this has changed there to this day - was the general willingness occasionally to offer free help to others on a professional
basis. Many people there devoted a lot of their time to - let me use the English term - "pro bono activities“. Here we would call
this "philanthropic work“ or "free professional support“. However, the Latin term, pro bono, reflects exactly the mind-set
of the person in question. This was to remain a keynote for the rest of my ensuing career - for the legal partnership and for
myself personally. So, I gradually became interested and involved in our professional association - the Rechtsanwaltskammer (Bar
Association). This was to result in nearly 20 years of pro bono activity. Those were interesting times, serving under the
association’s legendary President, Walter Schuppich who had cultivated legal connections among various national Bar
Associations and Chambers of Lawyers very early, back during the days of the Cold War and the Iron Curtain countries. His work
resulted in the early establishment of the so-called International Conference of Bar Association Presidents in Europe.
Bar Presidents from Hungary and other neighbouring countries, including even Romania, used to gather annually in Vienna to
discuss issues of the day. I found this acitivity fascinating. As a result of these international exchanges - not to forget
encountering other cultures as well - our Austrian legal partnership was the first to establish an office in Budapest in
1989, immediately after the collapse of the Iron Curtain and the opening-up of the Eastern Comecon-block; ours was the very first
non-Hungarian, foreign legal practice there. We had to acquire a licence in order to open our office. It was soon followed by
offices in Prague and Bratislava which, in turn, gave rise to an interest of some German colleagues and friends, to link up with
us in order to form a joint set-up here in Vienna. The result was the first cross-border merger of legal practices between Germany
and Austria. We called our new partnership: "Bruckhaus Westrick Heller Löber“. Allow me to add a very touching and interesting
detail: our German friends said, “We want equality of names reflected in our firm name, so that it does not look like the
Germans are taking over the Austrians.“ This new partnership led to lasting friendships and a harmonious professional attitude. It
is fair to maintain that this, too, has its roots in my American experiences. Even if nowadays conditions are quite different -
with digitalisation and worldwide networks - back then this Fulbright Program had a real influence on both myself and some of
my German partners who had, in turn, also been Fulbright Fellows in the USA. Basically, Fulbright has influenced my entire life
positively. There came a point when our international legal partnership had to decide (and this was some time before I
retired), whether we could continue without the Anglo-Saxons in this globalised world? The consideration resulted in our
becoming the major international partnership, Freshfields-Bruckhaus-Deringer. Here the Lingua Franca also
played a role - the international Legal Lingua Franca: and this is English. This was all part of a long continuous process and
paints, for myself looking back, a sweeping, pleasing picture.
Outstanding experiences of the Fulbright time
I have already mentioned that I was active in a special School Club back in my highschool days. As far as I know, only four such
clubs existed in Vienna. These Clubs were organised by the Austrian League for the United Nations. Back in those days there
existed, as today, an international union of national UN associations. The aim was to deepen understanding about the
United Nations and they were of special importance during the 1960’s. By chance - but there are no coincidences in life - an
international conference of this international union (WFUNA: "World Federation of United Nations Associations“) was held in
New York just at the beginning of my time there. You must remember that back then, one couldn’t simply hop over in a jet to
attend, quite apart from the high costs. So I went to the august executive committee of this Austrian League of the United Nations
and offered them: "Might I perhaps be able to represent the League there and so help economise?“ And the gentlemen in the
committee agreed which is why, at age 23, I was by far the youngest representative amongst the delegates from all over the
world. I was even received by U Thant, then Secretary General of the United Nations, for a conversation. A photo of myself
standing beside and being greeted by him was taken and was published alongside my report on the conference, in the Austrian
League‘s magazine. Of course, I was mighty proud of attending such a conference back then - positive about this experience was
that my interest in international political developments and the international organisations was well and truly roused, as a
result. This conference took place in September 1963 during John F. Kennedy’s Presidency. He addressed the gathered WFUNA
delegates with a speech. I recall one general saying of his: "Do not ask what your country can do for you - ask what you can do
for your country!“ Sadly, I had to be present in the United States - we’re talking about November 1963, my first semester at
NYU - when John F. Kennedy was assassinated. That was a truly shocking experience.
The Fulbright application process
Let me return to my early interest in the Fulbright-Program: I had actually heard about this opportunity towards the end of my
high school days and really wanted to take part. Here I feel bound to include a name I still remember and which all former
Fulbrighters will remember, too: Frau Trude Wild. This Mrs Wild was always really helpful. She was always tactful if she had to
tell someone they hadn’t a chance, or that a study-year in the USA would be of no value, depending on a person’s professional
ambitions or their study progress. When I first applied, before I started studying, I didn’t stand a chance at this point. And
then, later on, I remember the advice of my professors at university here in
Vienna: "Young man, complete your studies here, first.“ This seemed sensible to me at the time, so I wasn’t disappointed at
failing to get a Fulbright Scholarship. With regard to the selection process, I should add that it was my old friend Roger
Milgrim whom I got to know at the University of Grenoble and who had explained to me that I could apply for a scholarship from
other institutions as well, if I were to be accepted for the special progam at NYU Law School which I already mentioned. There
was a Ford Foundation Fellowship, for which I then applied, all in writing and via surface mail. I carried out this application
parallel with that for a Fulbright Travel Scholarship and which would cover more than just my travel costs. I have already
mentioned that we continued to be looked after in New York, including full health and accident insurance coverage for the
entire year. Back then, I applied to the Fulbright Commission in Vienna, in writing with a vast mass of documents, well laced with
the several recommendations one had to append. This application was followed by a long interview
and I was thrilled when, some time later, I received the news that I had been accepted.
First experience after arrival in NY
Having arrived in New York, I did not go to the university straight away. I first joined the guest family I have already
talked about and spent about a couple of weeks with them in Larchmont, a suburb of New York. Even prior to sailing for New
York I had wondered: how can I improve my financial situation there? As I had acquired five brand-new pairs of skis cheaply
whilst working as ski-instructor in Austria, I packed them into my bags with the intention of selling them at a profit in New
York. The only trouble was that cheap skis were already sold at discount rates there in the major department stores; I was
grateful, finally, to be able get rid of them to buyers in a Swiss ski club.
I owe my earliest experiences in the USA to my guest family. With them I was able to experience American family life as well
as life in the suburbs, surrounded by one’s neighbours.
Neighbourhoods in America
As far as the neighbours were concerned, I saw how much more they all
helped one another than I remembered by comparison from Austria. Parties were quickly organised with little ado, something that
was not usual in Austria. I noticed how differently from Austria the adults there treated the youngsters. There was none of that
authoritative talking down so common here at the time. In the suburban neighbourhoods, local people called each other by their
first names as a matter of course, regardless of their age. I also noticed how friendly everyone was to one another: "Nice
seeing you!“, "Hope to see you again!“ and the like. That was not common practice either in Austria or in Vienna in the old days.
Differences between studying in Austria and the US
Many older people will remember that back then in Austria, upfront-lecturing was the norm at Austrian universities with the
focus entirely upon the lecturing professor. This is, perhaps, still largely the case today, whereas in America students were,
even then, expected to figure things out and research for themselves. I should point out that in American Law Studies
university lectures were often preceded by Reading Assignments which would then, at the lecture, be discussed between the
professor and his students. I made the most of this from the start, since I was able, as a result, whilst still student, to
learn and improve my mastery of American spoken legal English, something almost unheard of in Austria back then. I must
nevertheless stress that during my law studies in Vienna I encountered some remarkable personalities amongst the professors.
I remember, for example, Professor Fritz Schwind, well known beyond the bounds of Austria in the field of Civil Law. I must
also mention Professor Günter Winkler for Constitutional Law. He was immensely knowledgeable on the works of Hans Kelsen. Kelsen
had emigrated to the USA - had had to emigrate. Creator of the Austrian Constitution (1920 &1929) who subsequently developed the
"Pure Theory of Law“ and wrote a book about this. With Günter Winkler and a small group of interested students, we interpreted
and discussed this book. The subject was concerned with positive or "Statutory Law“, actively distanced from theories and from any
ideological interpretation or creation of the law. This is how he spread and endorsed the "Pure Theory of Law“ and this impressed
me enormously. Let me return, however, to the question about the differences. I stick to my conviction that this method of
training in America is very special: the method requires students to discuss legal cases right from the start and then assess a
case for themselves on the "Case Law“ principle, before discussing it with their professor. Secondly, this method has the
advantage of students being well prepared, right from the start, for the actual practice of their legal professions. I was
gradually to become convinced myself of this advantage. I must also mention that US lawyers early on not only co-operated across
their specific legal fields, in order to benefit from the expertise of others - for example in legal partnerships - but
also made a point of this when preparing a case with a client. This means recognising the given abilities
of colleagues and both impressed and influenced me in my work considerably.
Campus life at NYU
Campus life at US universities has a very special importance with regard to one’s studies. New York University is situated
close to Washington Square, way down near the start of Fifth Avenue. Round there is the wonderful district of Greenwich
Village which constitutes a real neighbourhood together with a unique neighbourliness
which was very much influenced by New York University. This results from the fact that
most of the students hail from a huge variety of areas and cities. This, in turn, is
caused by the American university system itself. By now, of course, you find this here in Europe, too, but back then this
feature of US student life seemed very special to me. On campus, it must be added, one was expected to observe a very specific
etiquette. One learned the rules of courtesy and consideration with regard to communal living on campus. This I had never
encountered in Vienna and it affected the behaviour of the students amongst themselves. That was very different from
Austria. The following example of student behaviour may sound a touch banal. It was normal practice to study real hard during the
week, but then to make sure one had a good date with a nice girl for the weekend. Even during the working week there was much
conniving about these dates. One might say to a friend: "Got a date for the weekend already?“ This was a certain formality which
was unknown back home. I recall how cleverly some of the young ladies played around with this custom and I do not really mean to
say to their own advantage. It meant a student did not need to go a-wooing directly but would offer a suggestion obliquely. Over
and above meeting for a coffee, one might have undertaken some good activity together. These weren’t real "relationships“
between the boys and girls, but there existed a certain "hierarchy“ amongst the male students and so it was advantageous
to be able to say with pride: "Well, I’ve got my date for the weekend!“ I found this truly exceptional. It had to do with
campus life, as a result of which we were able to meet up regularly or undertake some activities, apart from our studies.
There existed a greater formality there than was to be found in Vienna, where students’ habits were more easygoing.
One special memory of the US
It was in America that I first encountered a unique public holiday, namely Thanksgiving and the obligatory
Thanksgiving-Dinner. Once again, I had been invited to this celebration by my host family in Larchmont. I found the way they
celebrated quite amazing: the turkey is roasted in a special way with an awesome stuffing. There is something unique about this
way of celebrating America’s early traditions. Yes, that really impressed me. Another thing I noticed right away was the very
special relationships that developed between students and professors. Professors went to great lengths to establish such
relationships with their students. This, again, impressed me greatly.
New York City Life
In New York I had the opportunity of exploring the city; right from the start, I was never scared of travelling by public
transport, least of all by the legendary New York Subway. I became convinced that this was essential right away if I was
going to integrate successfully into city life. This applied to all 5 Boroughs, as the districts are called. These Boroughs one
passes through are so varied in character. When I returned to New York, many years later, via JFK (John F. Kennedy) Airport, I
usually travelled into town by public transport and it worked out just fine, it’s a great system. I’m glad we now have an equally
dense public transport in Vienna. NYC is, of course in a different league size-wise, but even then the public transport was
exemplary and state-of-the-art. Having been asked whether I had been able to figure out just what New York was about, I am happy
to be able to say that I did indeed get to see the different life situations in the various Boroughs. This applies even to the
several university districts. The most renowned university in NYC is the Columbia University, including its Columbia Law School;
you’ll find a totally different atmosphere there than, say, that at New York University in Greenwich Village. You only have to
look at the difference in campus architecture. It really impressed me the way even in this huge city it was possible to
develop what we, in Vienna, call Grätzel, i.e. local areas. As far as I can make out,
this remains the case in New York to this day.
Student Lodgings
Another interesting feature of NYU - I’ve already mentioned campus life – was one of the large houses right on Washington
Square. This was a student hostel (Dormitory) with tiny apartments. Most of the rooms were double rooms, as well as three
units which were theesomes. These had the advantage of not only having a bedroom, but also a living room and small kitchen area.
I was lucky to end up with a couple of other guys in such a threesome. The three of us figured out our respective duties. We
were a South American, an American and myself. The American was the guy who originally met me on arrival in New York by ship. He
was the "cook“ in our Dormitory and I was "dishwasher“. Here I really experienced the mutual willingness to help I’ve mentioned
before and we had a great time. Of course, we used to throw parties and things like that…
A very special anecdote
Well, I’ve already mentioned my guest family in Larchmont with their kids who are, of course, now long since grown up. I’m still
in touch with them occasionally now. Let me tell you about their invitation to spend Christmas with them. The parents wanted their
kids to learn to ski and, for a start, I helped them purchase skis as one of their Christmas presents. On Christmas Eve in the
living room, I strapped those skis there and demonstrated the then popular Spitzkehre, or switchback -
it’s not really used any more now. To perform this one, I lifted up
one of the strapped-on skis, let it stand on its backend, before letting it fall down
with its ski tip in the opposite direction. Then, I turned around with the other ski also, so that this one ended up parallel to
the first ski again - 180° in the opposite direction. So it was that I tried to demonstrate this switchback in front of the
decorated Christmas Tree. And then it happened: as I turned and stood the one ski up, I inadvertantly sent the Christmas Tree
flying which was standing on the floor. Disaster pure! I was staggered by the generosity with which their mother wasn’t angry
with me and didn’t start to criticise me. I mean, she could have yelled at me, told me off. But no, we all simply set the
Chrtistmas Tree up again and that was the end of it, no ill feelings. I remember thinking that that wouldn’t have been the
case back home in Vienna. I remember this mishap so vividly.
And other anecdotes? I’ve already mentioned my experiences in local schools where I found the kids genuinely interested in
hearing about Austria. I got the feeling that these kids were receiving a truly cosmopolitan education.
How did the Fulbright year affect your perception of America?
Also in comparison with one or the other school in Austria. You have to remember, Austria had remained an occupied country
until 1955 (keyword: Austrian State Treaty). During the occupation there were the Four Allied Powers present, each of
them very different from the others which resulted in the native population acquiring very different impressions of the so-called
Occupying Powers. Myself, I often felt that the Americans left the best impression behind. With this in mind, it was doubly
interesting to experience later the Americans themselves during my Fulbright year and to discover for myself the immense variety
of life there. Much later, I experienced the Midwest, and the very different Southern States, all the different attitudes and
customs. I found the Eastern or Northeastern States most fascinating of all, where most of the intellectual power was
concentrated back then. New York had close ties with Europe and there was the Jewish influence. In Massachusetts, Boston was
famous, not least for its Harvard University with its Harvard Law School. By the time I had become "acclimatised“ and acquired a
New York accent, Americans from, perhaps, the South or the Midwest, whom I met subsequently used to say: "Oh, you are an
Easterner?“. "Oh, you are an Easterner“ often meant either New York or Massachusetts and also implied looking slightly down on
people from elsewhere in the US. I noticed this even back then and it is now probably more pronounced than ever.
How did the Fulbright year affect your perception of Austria?
Let me turn to another aspect, now: I’ve already mentioned that I didn’t find it at all easy to return to Austria. Two months
after my return I had to absolve what is called my "Court Year“ (clerkship at the courts). I was assigned as intern to a judge. I
told him about my year in America. I soon noticed he was not really interested. Let me turn, briefly, back to the Occupation
prior to 1955: I recall a common saying amongst Austrians in later years concerning the Occupying Powers. It was clear that
everyone was longing for the Occupation to come to an end. As far as American soldiers were concerned, you could hear people saying
for fun: "Yankee, go home!“ So it was that my judge whom I had mentioned before, occasionally used to say to me "Well then, you
Yankee go home!“ That did indeed come as quite a "cultural shock“ to me, so soon after my return, and didn’t compare well with the
positive experiences and successes I had had in America. It stands to reason that I identified closely with my experiences
over there and that I felt at home there. That‘s why I still say today, that I consider New York to be my second home city.
Looking back, I reckon my Fulbright experience in New York was to influence the rest of my life. When I look back, I observe a
positive continuity throughout my life. This Fulbright Program, together with my experiences in America which I was then able to
implement in my professional work really was of utmost importance to me. I look back with gratitude at later being able to return
to America regularly, mostly to New York. Also, it is the experiences I had with my fellow students and learning about
other cultures which later enabled me to handle legal assignments of clients easier also in other countries. Without going into any
details, let alone infringing against confidentiality rules, I’d like now to mention later experiences here in Austria. During the
very early 1970s and the late 1960s, too, when there were still no "Multinational Corporations“ or "Multis“, the major American
companies - with the exception of General Motors and IBM - were hardly represented here in Europe. Then, during the 1970s and
later, came the internationalisation of the European economy, during which various groups of companies set up headquarters
here, took European companies over or purchased an interest in them. Most of these large business corporations were American.
Thus came a period during which the Americans who had an interest in Europe required the services of local lawyers. Friendships,
personal ones too, often resulted between the Chief Executive Officers and the lawyers concerned. Most of these were not merely
short-term mandates for the lawyer; this in contrast with the practice today in which, having dealt with one case, companies
may avail themselves of the services of a totally different legal firm for the next. And so, there developed, back then, long-term
links between lawyer and client. Of course my early Fulbright experience was extremely important for these, as I had acquired
knowledge and skills with regard to successful negotiating with English-speaking top executives. As I said, some wonderful and
often lasting friendships resulted from these encounters. Let me mention one, without disclosing the client’s name. This
particular American client of mine always stayed in the Hotel Imperial when he was in Vienna. I often had to attend signature
signings with regard to deals or contracts there at the hotel. It stands to reason that timings had to be precise and targeted, as
the clients were hardly able to spend weeks here, but remained some three days or so. On one occasion we had a large-scale
contract to tie up, one which also required a notarial deed to be signed, and the presence of a Notary Public. Having completed all
the requisite lengthy preparations and negotiations, a specific day had been selected for the final signing ceremony. The
gentlemen of our American corporate client had settled upon 6 pm as time and expected the notary to be available at the Imperial
on the dot. The Notary I had selected on this occasion - I shall mention no names - was President of the Chamber of Notaries and
the chosen day happened also to be that of the Vienna State Opera Ball which said President was more or less obliged to attend in
his official function. I nevertheless managed to persuade our notary to come to carry out the task at the IMPERIAL just before
the Ball. He, of course, appeared in White Tie, ready for the Ball. Our signing ceremony was a purely professional affair,
without personal conversations. Everything was completed without wasting any time, after which the notary took his leave right
away. I hadn’t told these clients that the notary would be continuing straight from the Imperial to the Opera Ball. After he
had been gone, the American gentlemen turned to me and asked: "Tell me, Heinz, do Austrian notaries always attend such signing
ceremonies in tails?“ We had a good laugh about that, and I then revealed to them "You know, he made it especially possible to
assist you and attend our signing, before going on to the Opera Ball.“
How do you assess the value of the Fulbright Experience on a personal and societal level?
To finish off, I should like to add that to this day, albeit in different form, the Fulbright-Program has retained its immense
value. All the more so in our day and age, during which the top American universities still have particualr high rankings and
their scientific work is very targeted. This applies just as much in all the other disciplines, other than jurisprudence, for
example in the technical fields. I believe this significance still exists, despite Erasmus which now fosters exchange between
the many European nations, because intercontinental exchange remains of extreme importance, particularly nowadays. Although it
is easy now to travel around the world, not to mention the availability of the internet, the Fulbright Program remains vital
at academic levels. In this connection it is worth especial mention that, over time, the Fulbright-Program has come to work
in both directions which means, for instance, it has brought many young Americans to us in a large variety of detail-programs here
in Austria. It seems wonderful to me that nowadays Austria has become a highly popular destination for American professors, too,
with Teaching Assistantships here or at other levels. Excellent.