Warren and Brandeis founded the prominent Boston law firm of Nutter McClennen & Fish in 1879. At the end of 1890 they published their famous law review article "The Right to Privacy" in the Harvard Law Review.[8] It is "one of the most influential essays in the history of American law"[9] and is widely regarded as the first publication in the United States to advocate a right to privacy,[10] articulating that right primarily as a "right to be let alone" which referred to paragraph 11 of the 1868 law of the press of France.[8] Brandeis later acknowledged that the idea for the essay originated with Warren's "deep-seated abhorrance of the invasions of social privacy" on the part of the press.[11]
In 1899, he left law to oversee the family's paper production business. He managed the family trust established in May 1889 with the legal assistance of Brandeis to benefit his father's widow and 5 children. In 1906, Warren's brothers Edward and Fiske charged that Brandeis had structured the trust to benefit Samuel at the expense of his siblings.[12][13]
Warren committed suicide by firearm at his Dedham, Massachusetts, country home on the night of February 18, 1910, putting to an end the dispute over the family trust. His family disguised his suicide and the date of his death.[14]The New York Times reported that he died of apoplexy on February 20.[4] Following a funeral service at his Boston residence, he was buried in Mount Auburn Cemetery on February 23.[15]
The Warren Trust case became a point of contention during the 1916 Senate hearings on the confirmation of Brandeis to the Supreme Court, and it remains important for its explication of legal ethics and professional responsibility.[16]
^See, e.g., Dorothy J. Glancy, "The Invention of the Right to Privacy"Archived July 22, 2010, at the Wayback Machine, Arizona Law Review, v.21, n.1, pp. 1–39 (1979), p. 1 ("The right to privacy is, as a legal concept, a fairly recent invention. It dates back to a law review article published in December of 1890 by two young Boston lawyers, Samuel Warren and Louis Brandeis.").