Herbert S. Garten, attorney and father of pro-bono legal representation for the most vulnerable, dies

Herbert S. Garten, an attorney called the father of pro-bono legal representation for the most vulnerable, died of heart failure Tuesday at his North Baltimore home. He was 96.

“Herb was a remarkable human being and one of the most important leaders of indigent legal services in Maryland,” said Michael A. Millemann, professor at the University of Maryland School of Law

Mr. Garten was the 1989 president of the Maryland State Bar Association and was named to membership in the Baltimore Jewish Hall of Fame in 2023.

Born in Long Beach, New York, he was the son of Florence and Irving Garten, who owned a chain of men’s hat shops and packaged goods stores. He was a graduate of Bordentown Military Institute. As a Jew, he credited a school requirement that he attended weekly Christian services at a Baptist Church with expanding his cultural horizons.

While in the Army after World War II at Fort Meade, he met his future wife, Susan Fedder. On their first date, his car hit another vehicle. When he delivered her home, his future mother-in-law saw her daughter’s bandaged arm and said to a contrite Mr. Garten, “You must be tired after that experience. Please come in.” They married in 1949.

After graduating from the University of Maryland School of Law, he joined his father-in-law in his legal practice. Mr. Garten specialized in business law, real estate and trusts and estates work. He also recognized that low and moderate-income persons needed legal assistance in court and other areas of the law.

In a 1954 to 1958 case, Mr. Garten and his best friend, James Daniel Nolan, became outraged when a West Lexington Street couple nearly lost their home when the Tri-Tilt Storm Window Company persuaded them to finance their purchase of storm windows and doors through a government-insured loan program.

“Herb and my father, on a pro-bono basis, took on the federal government and they won. Their actions – and the work of other consumer protection lawyers who fought predatory sales practices —helped give rise to the creation of the Maryland Home Improvement Commission in the early 1960s,” said Stephen J. Nolan. “Herb always had a passion for justice.”

Mr. Garten was the founder of Maryland Peoples Pro Bono Action Center, now Pro Bono Resource Center, and was also a past chair of the Maryland Legal Services Corporation, a non-profit that assists economically disadvantaged and homeless legal clients.

“He was that rare hybrid of gentle avuncular mentor, fierce litigator for causes he knew to be just, and unstoppable leader with the vision to imagine a better world,” said Sharon E. Goldsmith, executive director of the Pro Bono Resource Center.

“He practiced what he preached,” Mr. Millemann said. “While leading a private firm, he never said no to many, many requests to lead legal service organizations. He was an aggressive advocate for the poor. He had a passionate commitment to justice. He was appropriately outraged at injustice. ”

Friends recalled Mr. Garten as polite and gracious, charming, respectful and always well-prepared. He started his day by reading four newspapers.

“He was the model of the extraordinary pro bono commitments a private lawyer can make. He was the real deal, a model of how to live a purposeful life for us all,” said Mr. Millemann.

The Baltimore County Bar Association said in a statement, “Herb’s compassion for Maryland’s indigent and his lifelong dedication to the application of equal access to justice for all.”

Survivors include two sons, Alan F. M. Garten, of Baltimore and Morris L. “Maury” Garten, of Pikesville; a daughter, Ilene S. Garten, of Timonium; eight grandchildren; and eight great-grandchildren. His wife of 69 years, Susan Fedder Garten, died in 2019. A daughter, Lynne M. Garten died in 1966. A son, Lawrence M. Garten died in 2006.

Services were held Friday at Sol Levinson and Brothers.