Speeches by Chesterfield - Vol. IV, 48-66. 1972-1973

VOLUME IV

SPEECH NUMBER TITLE OR GROUP ADDRESSED

#48 ALLERTON HOUSE CONFERENCE -
LONG-RANGE. PLANNING COMMITTEE -
ILLINOIS STATE BAR ASSOCIATION
March 30, 1972

#49 ANNUAL MEETING ANTITRUST SECTION
Washington, D. C.
April 13, 1972

#50 ORANGE COUNTY BAR ASSOCIATION
Orlando, Florida
April 19, 1972

#51 BARTOW ROTARY CLUB
Bartow, Florida
May 3, 1972

#52 THE RIGHTS AND RESPONSIBILITIES OF
CITIZENSHIP
TAMPA-HILLSBOROUGH COUNTY BAR
ASSO4TATION .- -
Tampa,i 'lorida
May 5, 197.2

#53 1972 GRADUATING CLASS
STETSON UNIVERSITY COLLEGE OF LAW
St. Petersburg, Florida
June 1, 1972

#54 THE CHALLENGE OF THE LAW -
UTAH STATE BAR -
Park City, Utah
June 8, 1972

. . ...... .....

VOLUME IV (cont.)

SPEECH NUMBER TITLE OR GROUP ADDRESSED

#55 CHANGE IS WITH US, AND CHANGE
IS COMING -
197-2 GRADUATING CLASS -
UNIVERSITY OF FLORIDA
Gainesville, Florida
June 10, 1972

#56 THE FLORIDA BAR -
1972 ANNUAL MEETING -
Walt Disney World, Florida
June 20, 1972

#57 -78TH ANNUAL CONVENTION -
COMMERCIAL LAW LEAGUE OF AMERICA
Miami, Florida
July 5, 1972

#58 THE RELATIONSHIP BETWEEN THE AMERICAN
BAR ASSOCIATION AND THE NATIONAL BAR.
ASSOCIATION -
NATIONAL BAR ASSOCIATION, INC.
Miami Beach, Florida
August 1, 1972

#59 A NATIONAL INSTITUTE OF JUSTICE -
A PROPOSAL TO STRENGTHEN STATE
COURTS -
NATIONAL LEGISLATIVE CONFERENCE
New Orleans, Louisiana
August 2, 1972

#60 THE PUBLIC SERVICE ACTIVITIES
OF THE AMERICAN BAR ASSOCIATION -
SAN FRANCISCO ROTARY CLUB
San Francisco, California
August 8, 1972

#61 THE FLORIDA EXPERIENCE

#62 INNOVATIONS IN LAWYER REFERRAL SERVICES -
ABA LAWYER REFERRAL WORKSHOP
Denver, Colorado
October 28, 1972

VOLUME IV (cont.)

SPEECH NUMBER TITLE OR GROUP ADDRESSED

#63 THE FLORIDA COUNCIL OF 100
Palm Beach, Florida
November 2, 1972

#64 RESTRUCTURING THE CRIMINAL JUSTICE
SYSTEM -
78th NATIONAL CONFERENCE ON
GOVERNMENT SPONSORED BY THE
NATIONAL MUNICIPAL LEAGUE -
Minneapolis, Minnesota
November 29, 1972

#65 JACKSONVILLE BAR ASSOCIATION
Jacksonville, Florida
January 18, 1973

#66 RESTRUCTURING THE COURT SYSTEM -
AN AID IN THE FIGHT AGAINST CRIME -
WOMEN'S CRUSADE AGAINST CRIME -
St. Louis, Missouri
March 15, 1973

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 48

VOLUME IV

CHESTERFIELD SMITH

PRESIDENT-ELECT NOMINEE

AMERICAN BAR ASSOCIATION

BEFORE:

DATE OF DELIVERY:

ALLERTON HOUSE CONFERENCE

LONG-RANGE PLANNING COMMITTEE

ILLINOIS STATE BAR ASSOCIATION

MARCH 30, 1972

11:00 A.M.

TITLE:

THIRTY MINUTES

ADDRESS OF:

TIME:

IT IS MY ASSIGNMENT TO KEYNOTE THIS INTERESTING,

INNOVATIVE AND UNIQUE CONFERENCE WHICH FOR THREE DAYS IS

TO CONSIDER THE FUTURE ROLE OF THE ILLINOIS STATE BAR

ASSOCIATION AND TO MAKE POSITIVE, SPECIFIC RECOMMENDATIONS

AS TO HOW THE ILLINOIS STATE BAR ASSOCIATION CAN GET THERE

FROM WHERE IT NOW IS.

t IT IS OF COURSE NO SURPRISE TO YOU THAT I DO NOT

PURPORT TO KNOW WHAT THE PROPER ROLE OF ANY ONE STATE BAR

IS. IN FACT I READILY ADMIT THAT THE RESULTS OF YOUR CON-

FERENCE WILL SUBSTANTIALLY ENHANCE MY KNOWLEDGE IN THAT AREA.

I AT MOST CAN EXPRESS ONLY GENERAL THOUGHTS BASED UPON MY

OWN EXPERIENCES WHICH OF COURSE WERE GAINED MAINLY IN FAR-

OFF FLORIDA, AND WHICH OF NECESSITY WILL MEET WIDESPREAD

RESISTANCE HERE WHERE YOU HAVE DIFFERING CONDITIONS AND

DIFFERING TRADITIONS. SINCE I CANNOT SPEAK WITH AUTHORITY

ABOUT THE ILLINOIS STATE BAR ASSOCIATION, I SHALL OF NECESSITY

DIRECT MY COMMENTS TO ALL STATE BAR ORGANIZATIONS WHICH I SHALL

REFER TO BY THE GENERIC TERM, "THE ORGANIZED BAR".

t 1

THOSE COMMENTS WILL BE NEITHER STARTLING NOR
NEW MANY OF YOU WILL HAVE-HEARD MOST OF THEM UPON
MULTIPLE OCCASIONS BUT A KEYNOTER IS NECESSARY FOR ALL
CONFERENCES SUCH AS THIS, ALLEGEDLY TO OPEN THE SUBJECT
AND STRETCH THE MIND. IN REALITY, THE PURPOSE OF THE
KEYNOTER IS SIMPLY TO PROVIDE A FOCAL POINT FOR EACH CON-
FEREE TO CRITICIZE FOR THE BALANCE OF THE CONFERENCE IN
ORDER TO DEMONSTRATE THE CLARITY AND BRILLIANCE OF HIS OWN
THOUGHT PROCESSES, IT IS NOT MY GOAL TO COVER COMPREHENSIVELY
EVERYTHING THAT WILL BE COVERED LATER IN THIS CONFERENCE.
AT BEST, I SHALL ATTEMPT TO HIT ONLY A FEW HIGH POINTS,
I I HASTEN TO ACKNOWLEDGE THAT I AM AWARE THAT
THE ILLINOIS STATE BAR ASSOCIATION IS ONE OF THE VERY
GREAT STATE BAR ASSOCIATIONS IN OUR COUNTRY AND THAT IT
EVEN SURPASSES THE FLORIDA BAR IN MANY, IF NOT IN MOST,
SERVICES RENDERED TO OUR PROFESSION AND TO THE PUBLIC.
IT IS ONLY BECAUSE I LIKE, RESPECT AND ADMIRE
THE ILLINOIS STATE BAR ASSOCIATION COLLECTIVELY AND A
GREAT NUMBER OF ITS MEMBERS INDIVIDUALLY THAT I AGREED
AS KEYNOTER TO BE YOUR PIGEON FOR ATTACK FOR THE NEXT
THREE DAYS.
IT IS GENERALLY ACKNOWLEDGED THAT OUR SOCIETY

IS FACING CHALLENGES TO PUBLIC ORDER AND TO THE REALIZA-
TION OF AMERICAN IDEALS GREATER THAN ANY SINCE THE CIVIL

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WAR, PEOPLE FROM ALL WALKS OF LIFE, AGGRIEVED AND

FRUSTRATED AT WHAT THEY REGARD AS THE FAILURE OF OUR
LEGAL, ECONOMIC, AND SOCIAL SYSTEMS TO FULFILL THEIR

EXPECTATIONS OF EQUAL JUSTICE AND OPPORTUNITY, ARE
RESORTING INCREASINGLY TO VIOLENCE AND DISORDER IN

PREFERENCE TO ORDERLY PROCESSES OF CHANGE.

TO THOSE WHO BELIEVE THAT LAW IS THE ONLY
FOUNDATION OF TRUE LIBERTY, JUSTICE, AND EQUALITY OF

OPPORTUNITY, THIS GROWING REJECTION OF THE RULE OF LAW
IS A SOURCE OF ACUTE DISTRESS. PERHAPS EVEN MORE DIS-
TRESSING AND FRIGHTENING IS THE CYNICAL CONCLUSION

OF A TINY BUT HIGHLY VOCAL AND ACTIVE MINORITY THAT THE
AMERICAN DREAM IS ENDED AND THAT SOCIAL JUSTICE CAN BE
BUILT ONLY UPON THE RUINS OF THE DEMOCRATIC SYSTEM.

THOSE WHO BELIEVE IN THE DEMOCRATIC SYSTEM
AND THE RULE OF LAW TEND TO SEE AND PERHAPS FOR TOO

LONG HAVE SEEN ONLY THE ACHIEVEMENTS OF THE SYSTEM
AND NOT ITS FAILURES. THE DISSENTERS OVERLOOK THE

SYSTEM'S VERY REAL ACCOMPLISHMENTS AND SEE ONLY THAT
IT THUS FAR SEEMS TO HAVE FAILED IN MATTERS THEY DEEM

TO BE OF VITAL IMPORTANCE.
UNFORTUNATELY, A MOVEMENT TOWARD REJECTION
OF THE RULE OF LAW CANNOT BE 'REVERSED MERELY BY THE

MOUTHING OF PLATITUDES ABOUT HOW FAR THE DEMOCRATIC

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SYSTEM HAS COME OR BY THE PROLIFERATION OF PROMISES
ABOUT WHAT THE SYSTEM MAY IN DUE TIME ACCOMPLISH. THE

MAN WHOSE-FRUSTRATIONS LEAD HIM TO REJECT THE RULE OF

LAW MAY NO LONGER BE WILLING TO WAIT FOR UEI TIME, AND
HE IS APT TO SEE THE SYSTEM'S ACHIEVEMENTS LARGELY IN

TERMS OF PROTECTING ONE MAN'S PROPERTY AT THE EXPENSE OF
ANOTHER MAN'S SPIRIT. A POINT SEEMS TO HAVE BEEN REACHED

IN THE NATION'S DEVELOPMENT, THEREFORE, WHERE THOSE WHO

STILL CHERISH THE AMERICAN DREAM HAVE BUT ONE REAL ALTER-
NATIVE, AND THAT PERHAPS FOR ONLY A VERY LITTLE WHILE

LONGER: TO MAKE THE DEMOCRATIC SYSTEM REALLY WORK TO
ACHIEVE GENUINE SOCIAL JUSTICE FOR ALL AMERICANS, LAW

AND LEGAL INSTITUTIONS ARE INCONSPICUOUS WHEN SOCIETY

IS AT PEACE. THEIR INADEQUACIES, AS WELL AS THE IMPOR-
TANCE OF THEIR FUNCTIONS, BECOME CLEAR ONLY IN TIMES OF

TROUBLE.

MAKING THE LEGAL SYSTEM WORK SEEMS TO ME TO A
LARGE DEGREE TO BE A MATTER OF RELEVANCE, THOSE AREAS

WHERE THE SYSTEM HAS THUS FAR FAILED SEEM TO BE AREAS
WHERE THE SYSTEM'S ANSWERS ARE NOT ENTIRELY RELEVANT TO

SOCIETY'S ESSENTIAL PROBLEMS, THE QUESTION OF RELEVANCE
HAS, OR SHOULD HAVE, A SPECIAL SHARPNESS FOR THE ORGANIZED

BAR AT THIS TIME. I SUGGEST THAT A CONTINUING FAILURE ON

THE PART OF THE ORGANIZED BAR TO EXAMINE THE LAWYERS'

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FUNCTIONS AGAINST THE BACKGROUND OF TODAY'S PROBLEMS AND

TO ADJUST THEM ACCORDINGLY IS A SURE PATH TO PROFESSIONAL

OBSOLESCENCE,

EVEN LAWS AND LEGAL INSTITUTIONS THAT ARE

GENUINELY RESPONSIVE TO ESSENTIAL PROBLEMS MAY NEVERTHELESS

BE IRRELEVANT TO THOSE PROBLEMS IF THE LEGAL SERVICES

NECESSARY TO MAKE THEM OPERATIVE ARE NOT READILY OBTAINABLE

BY ALL WHO MIGHT BENEFIT FROM THEM. IF LAWYERS ARE TO

CONTINUE TO HAVE AT LEAST SOME RELEVANCE TO SOCIETY'S
ESSENTIAL PROBLEMS, PREVALENT QUESTIONS ABOUT THE PRO-

DUCTION AND DISTRIBUTION OF LAWYERS' SERVICES MUST BE
ANSWERED BY THE ORGANIZED BAR ITSELF. THOSE QUESTIONS

CAN BE ANSWERED OR SO I BELIEVE THROUGH THE DIFFICULT

BUT SOMETIMES UNPLEASANT PROCESSES OF SELF-EXAMINATION,
SELF-CRITICISM, AND SELF-IMPROVEMENT, AT CONFERENCES SUCH

AS THIS, EVEN'THOUGH SELF-EXAMINATION AND SELF-CRITICISM

TEND TO BE MADE ESPECIALLY DIFFICULT BY A MARKED

HETEROGENEITY WITHIN THE ORGANIZED BAR.

INDEED, THE LEGAL PROFESSION APPEARS IN MANY
WAYS TO BE A COALITION OF SEVERAL DIFFERENT GROUPS WITH

QUITE DISSIMILAR CHARACTERISTICS AND, IN SOME INSTANCES,

WITH CONFLICTING INTERESTS. GENERALLY SPEAKING, THE

LAWYER IN THE LARGE FIRM, WITH A PREDOMINANTLY BUSINESS

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CLIENTELE, IS CLEARLY DIFFERENT FROM EITHER THE BIG-

CITY SOLO PRACTITIONER OR THE MEMBER OF A SMALL URBAN
FIRM WITH PREDOMINANTLY LOW- AND MIDDLE-INCOME INDIVIDUALS

AS CLIENTS, So, TOO, SALARIED GOVERNMENT LAWYERS SEEM
TO HAVE SOME DISTINCTIVE CHARACTERISTICS AND PROBLEMS,
AS DO. CORPORATION HOUSE COUNSEL AND LABOR UNION LAWYERS,

THE GENERAL PRACTITIONER IN THE SMALL COMMUNITY IS
DIFFERENT STILL FROM ALL OF THESE.

RECOGNITION OF THIS DIVERSITY OF PRACTICE DOES
NOT YET SEEM TO BE GENERAL WITHIN THE ORGANIZED BAR.
MANY LAWYERS CONTINUE TO INSIST ON THE FUNGIBILITY OF ALL
r MEMBERS OF THE BAR, AN INCREASINGLY UNREAL BUT PERSISTENT
VIEW FOUNDED UPON TRADITIONAL PREMISES THAT SEEM NO

LONGER TO BE ENTIRELY IN ACCORD WITH THE FACTS,
THE SETTING FOR THE TRADITIONAL VIEW THE
SMALL TOWN WITH A SETTLED AND HOMOGENEOUS POPULATION,
WHERE EVERYONE KNEW EVERYONE ELSE IS NO LONGER TYPICAL
OF AMERICA. THE NATION'S POPULATION IS INSTEAD NOW

PREDOMINANTLY URBAN, ANONYMOUS, HETEROGENEOUS, ROOTLESS,
AND MOBILE.

So, TOO, WITH THE ARCHETYPE OF THE TRADITIONAL
LAWYER THE COUNTY-SEAT SOLO PRACTITIONER. HE BUILT

HIS PRACTICE SLOWLY BUT SOLIDLY ON AN ACQUIRED REPUTATION
FOR INTEGRITY AND COMPETENCE. HE GAVE GRATUITOUS SERVICE
TO THE POOR AND EARNED AN AMPLE BUT WELL-DESERVED LIVING

FROM THE REST, ONE OF THE FEW LITERATE MEN IN TOWN, HE
BECAME THE TRUSTED AND HONORED COUNSELOR OF ALL,

BUT THE TRADITIONAL COUNTY-SEAT LAWYER IS

BECOMING INCREASINGLY ATYPICAL OF THE LEGAL PROFESSION,
TODAY'S LAWYER MAY BE A MEMBER OF A LARGE LEGAL STAFF,

EITHER FOR A BIG CORPORATION OR FOR A GOVERNMENT AGENCY.
HE MAY BE EMPLOYED BY A LABOR UNION, EITHER ON SALARY
OR ON FULL-TIME RETAINER. HE MAY ENGAGE IN A SPECIALIZED
PRACTICE, EITHER AS A MEMBER OF A LARGE GENERAL-PRACTICE

FIRM WITH PREDOMINANTLY BUSINESS CLIENTS, OR AS A

MEMBER OF A FIRM THAT HANDLES ONLY ONE KIND OF LEGAL
BUSINESS, EVEN THE LAWYER WHO DOES DRAW HIS CLIENTS

PRIMARILY FROM THE GENERAL PUBLIC IS USUALLY NO MORE

TO TODAY'S CONSTANTLY CHANGING URBAN POPULATION THAN
A NAME IN THE CLASSIFIED SECTION OF THE TELEPHONE BOOK

OR ON A BUILDING DIRECTORY. HIS LITERACY IS, BY ITSELF,
NO LONGER OF SPECIAL VALUE TO A GENERALLY LITERATE PUBLIC.

THE LAWYER MAY, INDEED, STILL HAVE SOMETHING UNIQUE TO
OFFER THE PUBLIC, BUT IT IS OFFERED IN A VARIETY OF

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REMARKABLY DIVERSE CIRCUMSTANCES.

DIVERSITY WITHIN THE LEGAL PROFESSION MAY HAVE

IMPLICATIONS AT MANY DIFFERENT LEVELS, IT WILL NO DOUBT

AFFECT THE NATURE AND PERHAPS THE QUALITY OF THE

PROFESSIONAL SERVICES RENDERED BY LAWYERS IN DIFFERENT

PRACTICE SITUATIONS, IT WILL PROBABLY ALSO AFFECT THE

COMPENSATION TO BE EARNED FROM PROFESSIONAL SERVICES

PERFORMED IN DIFFERENT CONTEXTS. DIVERSITY TENDS TO

MULTIPLY THE NUMBER OF DIFFERENT KINDS OF SERVICES

OFFERED BY THE BAR, AS WELL AS THE CONDITIONS UNDER

WHICH THEY ARE OFFERED. IT MAY ALSO AFFECT THE EXTENT

TO WHICH DIFFERENT LAWYERS ARE ABLE TO PERCEIVE THE

PROBLEMS OF MAKING LEGAL SERVICES AVAILABLE TO ALL

SEGMENTS OF SOCIETY OR TO APPRECIATE THE NATURE OF

THOSE PROBLEMS. IT WILL SURELY RESULT IN VARIATIONS

IN THE DEGREE TO WHICH DIFFERENT LAWYERS WILL BE AFFECTED

BY SUCH PROBLEMS AND BY VARIOUS POSSIBLE SOLUTIONS TO

THEM. AND FINALLY, IT MAY EXERT A CONTROLLING INFLUENCE

UPON THE WILLINGNESS OF VARIOUS SEGMENTS OF THE ORGANIZED

BAR TO ACCEPT APPROPRIATE SOLUTIONS.

IT IS CLEAR THAT EFFORTS AT SELF-EXAMINATION,

SELF-CRITICISM, AND SELF-IMPROVEMENT BY THE ORGANIZED

BAR SHOULD TAKE INTO CONSIDERATION THE MANY DIFFERENCES

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IN CHARACTERISTICS, ATTITUDES, INTERESTS, AND NEEDS OF

THE VARIOUS ELEMENTS OF THE MEMBERS OF THAT BAR.

'UNFORTUNATELY, THE ORGANIZED BAR, WHEN CONSI-

DERING ITS DEFICIENCIES, SEEMS UNDULY RELUCTANT TO

RECOGNIZE THE PROFESSION'S DIVERGENCE INTO DISSIMILAR

AND MORE OR LESS ISOLATED SEGMENTS, TO PUT IT BLUNTLY,

THE ORGANIZED BAR PERSISTS IN REGARDING ALL LAWYERS AS

EQUAL, WHEN IN FACT THAT JUST IS NOT SO, BLINDNESS TO

THIS FUNDAMENTAL AND PERVASIVE FISSION INHIBITS EFFECTIVE

ACTION WITH RESPECT TO THE PROBLEMS OF PROPERLY STRUCTURING

OR RE-STRUCTURING BOTH THE ORGANIZED BAR AND THE LEGAL

PROFESSION.

HERETOFORE, LAWYERS HAVE VIEWED AND DEALT WITH

PROBLEMS OF THE PROFESSION OF THE LEGAL SYSTEM AND OF

THE ORGANIZED BAR LARGELY FROM THE STANDPOINT OF TRADITION

- OFTEN MERELY FOR THE SAKE OF TRADITION. BUT VALUABLE

AS TRADITION MAY BE, TRADITION FOR TRADITION'S SAKE MAY

NOT ALWAYS PRODUCE ADEQUATE ANSWERS TO TODAY'S SERIOUS

PROBLEMS, WE IN THIS CONFERENCE MUST ATTEMPT TO VIEW

THESE PROBLEMS FROM A DIFFERENT AND POSSIBLY MORE RESPON-

SIVE PERSPECTIVE, WE COUNTY-SEAT LAWYER, CORPORATION

LAWYER, GOVERNMENT LAWYER, BIG FIRM LAWYER AND. SOLO

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PRACTITIONER MUST SEEK TO LOOK AT THE ISSUES FROM ALL

VIEWPOINTS AND DEAL WITH ALL ASPECTS OF THE PROPER ROLE
AND STRUCTURE OF THE ORGANIZED BAR.

AMONG THE IMPROVEMENTS OR INNOVATIONS WHICH

I BELIEVE SHOULD BE RE-EXAMINED BY THE ORGANIZED BAR AT

THE STATE LEVEL ARE THE FOLLOWING:

FIRST: IN MY JUDGMENT, ALL PERSONS WHO ARE
ADMITTED TO PRACTICE LAW IN A STATE SHOULD BE A MEMBER

OF THE ORGANIZED BAR OF THAT STATE AND ANNUALLY PAY DUES

IN ORDER THAT THE ORGANIZED BAR WILL HAVE THE FINANCIAL

RESOURCES TO DISCHARGE COLLECTIVELY THE RESPONSIBILITIES

OF LAWYERS IN THAT STATE TO THE PROFESSION AND TO THE

PUBLIC, IT IS AT BEST ONLY A HALFWAY MEASURE TO ASSESS

A REGISTRATION FEE TO PAY THE COST OF THE PROFESSION'S

DISCIPLINARY SYSTEM.

UNIFICATION OF THE BAR IS OF COURSE ONLY WHAT

THE LAWYERS IN A PARTICULAR STATE BAR MAKE OF IT. AT
LEAST IN FLORIDA, THE FREEDOM AND INITIATIVE OF THE

ORGANIZED BAR HAS NOT BEEN SACRIFICED ITS BOLDNESS

AND COURAGE IN CHALLENGING THE COURSE OF THE DOWNTRODDEN,

AND ITS INHERENT INDEPENDENCE IN TAKING UP BATTLE FOR

THE MINORITY, HAS BEEN NEITHER CURTAILED OR DIMINISHED -
BY UNIFICATION. .WE HAVE HAD A UNIFIED BAR IN FLORIDA

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NOW FOR TWENTY-TWO YEARS, AND I AM HAPPY TO REPORT

THAT THOSE LAWYERS TWENTY-TWO YEARS AGO WHO WERE AVOWED

OPPONENTS OF INTEGRATION OF THE BAR IN FLORIDA HAVE IN

MANY INSTANCES BECOME ITS ARDENT SUPPORTERS PRINCIPALLY

.BECAUSE OF THEIR RECOGNITION THAT THE STRENGTH OF THE

ENLARGED MEMBERSHIP AND THE SUBSTANTIALLY INCREASED BUDGET

HAVE ENABLED IT TO UNDERTAKE MANY PROJECTS FOR THE IMPROVED
STANDING AND STRENGTH OF THE LEGAL PROFESSION AND FOR THE

IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE WHICH THE OLD

VOLUNTARY STATE BAR COULD NOT HAVE SUCCESSFULLY UNDERTAKEN.

I SUBMIT THAT IT IS NOW A FAIR STATEMENT TO SAY THAT NOT

ONE FLORIDA LAWYER IN A HUNDRED WOULD SERIOUSLY SUGGEST

THAT FLORIDA ABANDON THE INTEGRATED BAR AND RETURN TO THE

OLD VOLUNTARY ORGANIZATION. I COMMEND TO ALL STATE BARS

THE CONCEPT OF PARTICIPATION AND SUPPORT IN ITS AFFAIRS

BY ALL LAWYERS ADMITTED TO PRACTICE IN THAT STATE,

SECOND: THE ORGANIZED BAR, BE IT VOLUNTARY OR

INTEGRATED, MUST BE STRUCTURED FLEXIBLY SO THAT AT ALL TIMES

FAIR REPRESENTATION ON ITS GOVERNING BODIES IS AFFORDED

TO ALL OF ITS MEMBERS. SINCE ALMOST WITHOUT EXCEPTION,

ORGANIZED STATE BAR ASSOCIATIONS, BOTH INTEGRATED AND

VOLUNTARY, EXERCISE IN SOME DEGREE THE JUDICIAL POWER

OF THEIR STATE, IT SEEMS TO ME QUITE PROBABLE THAT THE

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ONE-MAN ONE-VOTE CONCEPT OF THE EQUAL PROTECTION CLAUSE
OF THE FEDERAL CONSTITUTION WILL ULTIMATELY BE JUDI-

CIALLY IMPOSED ON THE STATE BAR ORGANIZATIONS, WHETHER
JUDICIALLY IMPOSED OR VOLUNTARILY ADOPTED, I SUGGEST
THAT ONE-LAWYER ONE-VOTE IS A PROPER CONCEPT FOR THE
GOVERNING BOARD OF A STATE BAR AND THAT AUTOMATIC
MANDATED REAPPORTIONMENT AT PERIODIC INTERVALS SHOULD

BE THE UNIVERSAL RULE,
THIRD: I SUGGEST THAT ACCESS TO LEGAL SERVICES
MUST NOW BE RECOGNIZED AS A MATTER OF LEGAL RIGHT, EQUALLY
AVAILABLE TO ALL CITIZENS. LEGAL SERVICES PROVIDED

4 THROUGH CONVENTIONAL LAW OFFICES AND LAWYER-CLIENT
RELATIONSHIPS ARE BEYOND THE MEANS OF MANY CITIZENS. IF
RELEVANT PROFESSIONAL REPRESENTATION IS TO BE OFFERED TO
ALL SEGMENTS OF THE COMMUNITY AS A MATTER OF RIGHT, IT
IS EVIDENT THAT THE ORGANIZED BAR MUST SUBSTANTIALLY RE-
STRUCTURE THE LEGAL PROFESSION SOMETHING WHICH I BELIEVE

TO BE LONG OVERDUE. CIVIL LEGAL SERVICES FOR PERSONS WITH-
OUT SUFFICIENT MEANS MUST BE FURTHER EXPANDED, CRIMINAL
DEFENSE SERVICES, BOTH PUBLIC AND PRIVATE, SHOULD BE

MADE ADEQUATE ON A STATE-WIDE BASIS TO DEFEND INDIGENT
PERSONS ACCUSED OF CRIME. FEDERAL, STATE AND LOCAL
GOVERNMENT SUPPORT OF THE ACTIVITIES OF LEGAL AID AND

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DEFENDER FACILITIES DESERVES TO BE A PERMANENT ELEMENT

OF PUBLIC POLICY, LAWYER REFERRAL SERVICES SHOULD BE
IMPROVED AND EXPANDED SO THAT ALL PERSONS SEEKING ACCESS

TO A LAWYER CAN FIND ONE. LEGAL SERVICES THROUGHOUT THE
STATE, INCLUDING LEGAL AID, DEFENDER, LAWYER REFERRAL AND
SIMILAR PLANS, SHOULD BE COORDINATED BY THE ORGANIZED BAR

AS A CONTINUING RESPONSIBILITY,
FOURTH: I SUGGEST THAT LAWYERS INDIVIDUALLY AND

COLLECTIVELY, THROUGH THE ORGANIZED BAR, ACKNOWLEDGE WHAT
IS NOT NOW ACKNOWLEDGED BY A MAJORITY OF THE PRACTICING
BAR THAT IS, RESEARCH IS IMPORTANT TO A RATIONAL ANALYSIS

AND EVALUATION OF THE LEGAL PROFESSION AND LEGAL INSTITUTIONS,
THERE IS NEED FOR DETAILED STUDY OF THE EFFECTS OF PARTICULAR

LEGAL ARRANGEMENTS, AND FOR BASIC AND APPLIED RESEARCH INTO
LAW. THE ORGANIZED BAR SHOULD SUPPORT AND FUND AGENCIES
AUTHORIZED TO PROVIDE FOR RESEARCH ON THE LAW.

FIFTH: THE ORGANIZED BAR MUST SUBSTANTIALLY EN-
HANCE ITS MINUSCULE EFFORTS TO TAKE ADVANTAGE OF THE

DEVELOPING TECHNOLOGY OF ELECTRONIC DATA PROCESSING.
POSSIBLE USES FOR THE COMPUTER RANGE FROM THE STORAGE
AND RETRIEVAL OF LEGAL MATERIALS TO THE EMPLOYMENT OF

SIMULATION TECHNIQUES AND LINEAR PROGRAMMING TO CAL-
CULATE THE CONSEQUENCES OF LEGALLY SIGNIFICANT EVENTS.

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SIXTH: THE COST OF GOING TO LAW SCHOOL, WHEN

ADDED TO THE COST OF COLLEGE, MAKES THE COST OF A LEGAL

EDUCATION PROHIBITIVE FOR MANY PERSONS IN OUR SOCIETY,

THE QUESTION OF THE REQUIRED DURATION OF LEGAL EDUCA-

TION AND PRE-LEGAL EDUCATION SHOULD BE REAPPRAISED BY

THE ORGANIZED BAR. THE ORGANIZED BAR MUST WITH URGENCY

EVALUATE TEI BURGEONING NUMBER OF LAW SCHOOL STUDENTS

AND POTENTIAL NEW LAWYERS. IT MUST PROMPTLY DEVISE MEANS

AND METHODS OF UTILIZING THESE NEW LAWYERS IN MEANINGFUL

PROFESSIONAL SERVICES TO SOCIETY. AT THE SAME TIME,

THE ORGANIZED BAR SHOULD DEVELOP PROGRAMS OF EDUCATION

AND TRAINING FOR SUBPROFESSIONAL PERSONNEL. THE ORGANIZED

BAR MUST REMEDY THE INADEQUATE FINANCIAL RESOURCES NOW

AVAILABLE TO LAW SCHOOLS. BAR EXAMINATIONS SHOULD BE

REASSSESED, PARTICULARLY IN LIGHT OF THE INFLUENCE THEY

MAY HAVE ON LAW SCHOOL CURRICULAR.

SEVENTH: ONE CAN'T FOR VERY LONG, OR VERY

CLOSELY ANALYZE OUR EXISTING SYSTEM OF LEGAL EDUCATION

WITHOUT IT BECOMING GLARINGLY OBVIOUS THAT IT IS PRODUCING

BEGINNING LAWYERS IN GEOMETRICALLY INCREASING NUMBERS

WITH LITTLE, AND USUALLY NO PRACTICAL ORIENTATION TO THE

ACTUAL PRACTICE OF LAW FOR CLIENTS. I SUGGEST THAT THE

ORGANIZED BAR SHOULD RE-EXAMINE THE POSSIBILITY OF A

MANDATED "INTERNSHIP" BEFORE FULL ADMISSION TO THE BAR.

r.

IF PROPERLY STRUCTURED, SUCH A PROGRAM MIGHT WELL BE

ECONOMICALLY BEITEFICIAL TO THE BEGINNING LAWYER, ALLOW

HIM TO OBTAIN THE REQUISITE PRACTICAL EXPERIENCE AND

ETHICAL GUIDANCE IN A CLOSELY SUPERVISED LEGAL CLINIC,

AND PROVIDE SUBSTANTIAL ADDITIONAL LEGAL SERVICES FOR

THOSE WHO NEED THEM BUT WHO DO NOT NOW RECEIVE THEM

UNDER OUR EXISTING PROGRAMS.

EIGHTH: I SUGGEST THAT IT IS ESSENTIAL THAT

THE LEGAL PROFESSION ATTRACT TO ITS RAMKS MEMBERS FROM

ALL SEGMENTS OF OUR SOCIETY. EXPERIENCE INDICATES THAT

THIS WILL BE ACCOMPLISHED ONLY IF THE ORGANIZED BAR MAKES

A SPECIAL EFFORT TO OVERCOME BARRIERS IMPOSED BY POVERTY'

AAND CULTURAL Di'YERENCES. THE ORGANIZED BAR MUST ENCOURAGE

LAWYERS AND LAW FIRMS TO TAKE AFFIRMATIVE ACTION TO

PROVIDE CAREER OPPORTUNITIES FOR LAWYERS WHO ARE MEMBERS

OF MINORITY ETHNIC GROUPS. THE ORGANIZED BAR MUST SEE,

SOMEHOW AND SOMEWAY, THAT NEGROES, MEXICAN-AMERICANS,

INDIANS AND MEMBERS OF OTHER DISADVANTAGED GROUPS ARE

ENCOURAGED TO BECOME LAWYERS AND MEMBERS OF THE ORGANIZED

BAR.

NINTH: THE ORGANIZED BAR SHOULD CONSIDER

DEVELOPING ALTERNATIVE MEANS TO VERIFY' THE COMPETENCE OF

A NEW LAWYER, INCLUDING HIS PROFESSIONAL PREPARATION, THE

RESULTS HE OBTAINS, THE SKILLS HE EXHIBITS IN CLINICAL

WORK, AN.D HIS RESEARCH AND PLANNING ABILITY.

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TENTH: GROUP LEGAL SERVICE ARRANGEiVENTS

SHOULD BE ENCOURAGED, SUBJECT TO SAFEGUARDS THAT WILL

ASSURE INDEPENDENCE OF PROFESSIONAL JUDGMENT AND FIDELITY

IN THE LAWYER-CLIENT RELATION. PROPERLY REGULATED, THEY

WILL DO NO HARM TO THE LEGAL PROFESSION AND THEY SHOULD

REDUCE THE COST OF NEEDED LEGAL SERVICES, EASE THE PROBLEM

OF FINDING THE PROPER LAWYER, AND PROVIDE THE'CLIENT WITH

A LAWYER IN WHOM HE HAS REASON TO HAVE CONFIDENCE.

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ELEVENTH: REMEDIAL JUSTICE IN CIVIL CONTROVERSIES
INVOLVING SMALL AMOUNTS MUST BE MADE AVAILABLE MORE SWIFTLY
AND ECONOMICALLY TO ALL CITIZENS. RAPID PROCEDURES AT
THE NEIGHBORHOOD LEVEL SHOULD BE DEVELOPED TO ADJUDICATE
DISPUTES OVER SIMPLE TRANSACTIONS.
TWELFTH: CURRENT EFFORTS TO CREATE PRE-PAID
LEGAL COST INSURANCE ARRANGEMENTS MUST BE EXPANDED.

ALTHOUGH THERE ARE UNSOLVED DIFFICULTIES OF COST,
SCHEDULES OF CHARGES, ELIGIBILITY STANDARDS, AND ADMIN-
ISTRATION, THE PROSPECTS ARE SUFFICIENTLY PROMISING TO
WARRANT MAJOR ATTEMPTS BY THE ORGANIZED BAR.
STHIaRTEENTH: LAWYERS MUST USE ALL MEANS TO RE-
DUCE OPERATING COSTS IN THEIR LAW OFFICE SO THAT LEGAL
SERVICES CAN BE MADE AVAILABLE AT REASONABLE COST. THE
ORGANIZED BAR BY EMPIRICAL RESEARCH SHOULD DEMONSTRATE
THAT IMPORTANT SAVINGS ARE POSSIBLE THROUGH SOLO PRACTI-
TIONERS JOINING TOGETHER TO FORM LAW PARTNERSHIPS, THE

REORGANIZATION OF SMALL LAW OFFICES, USE OF MODERN EQUIP-
M'ENT, STANDARDIZATION OF LEGAL INSTRUMENTS AND OTHER
IMPROVEMENTS IN OFFICE PROCEDURES, AND THE INCREASED USE
OF LAY ASSISTANTS OR OTHER PARA-PPROFESSIONALS,
FOURTEENTH: THE ORGANIZED BAR SHOULD CONTINUE
TO EXPLORE THE FEASIBILITY OF CERTIFYING SPECIALISTS AS

-16-

A MEANS OF AIDING THE AVERAGE MAN TO SECURE COMPETENT

LEGAL SERVICES FOR PARTICULARIZED NEEDS.
FIFTEENTH: THE ORGANIZED BAR MUST DEVISE

BETTER WAYS AND MEANS WHEREBY THE INCOMPETENT AND THE

UNWORTHY CAN BE CONTINUALLY PURGED AND REMOVED FROM THE

LEGAL PROFESSION FOR THE PROTECTION OF THE PUBLIC. CON-

SIDERATION SHOULD BE GIVEN TO PERIODIC AUDITS OR EXAMIN-
ATIONS BY THE ORGANIZED BAR OF INDIVIDUAL LAWYER

PERFORMANCE.

SIXTEENTH: EQUAL ACCESS TO THE LEGAL SYSTEM

REQUIRES NOT ONLY THE AVAILABILITY OF LAWYERS BUT ALSO

PUBLIC SUBSIDIZATION OF THE OTHER EXPENSES OF LITIGATION

FOR THOSE WHO CANNOT AFFORD THEM. THESE EXPENSES INCLUDE

COURT FEES, TRANSCRIPTS, DISCOVERY COSTS, SUPERSEDEAS

BONDS AND SIMILAR EXPENSES OFTEN INCURRED IN THE DEFENCE

OR ASSERTION OF CLAIMS. I SUGGEST THAT A STATE BAR HAS

A CONTINUING INTEREST IN SEEING THAT A PUBLIC SUBSIDI-

ZATION OF ALL SUCH EXPENSES IS PROVIDED FOR PERSONS WHO

ARE OTHERWISE UNABLE TO UTILIZE THE JUSTICE SYSTEM.

SEVENTEENTH: AUTOMOBILE ACCIDENT CLAIMS ARE

OF VITAL CONCERN TO THE GENERAL PUBLIC. THE COURTS ARE

CLOGGED WITH CASES, PAYMENTS ARE INORDINATELY DELAYED,

AND INSURANCE COSTS ARE OUTRAGEOUSLY OUT OF LINE WITH

-17-

~l~- L~L--r-rU*-l~llll~a~L1- ~ ~ I-L-ll~- L-L-I ...... ...- I -------

BENEFITS. I SUGGEST THAT THE ORGANIZED BAR MUST SUPPORT

ALL REASONABLE REMEDIES FOR THOSE CONDITIONS NOT FIGHT
THEM EVEN IF THE ADOPTION OF A PARTICULAR REMEDY OR

REMEDIES MAY COST SOME LAWYERS LEGAL FEES IN THE PROCESS.
THE ORGANIZED BAR MUST ALWAYS INSURE THAT THE ECONOMIC
INTEREST OF INDIVIDUAL LAWYERS IS ALWAYS SECOND TO THE

PUBLIC TRUST, SUPPORT BY THE ORGANIZED BAR TO REFORM
THE EXISTING DEFICIENCIES IN AUTOMOBILE ACCIDENT REPARA-
TIONS CAN ONLY RAISE THE IMAGE OF THE LAW, THE PERFORMANCE
OF THE COURTS, AND THE CREDITABILITY OF OUR PROFESSION,
I SUGGEST THAT WE GET ON WITH IT,
EIGHTEENTH: THE ORGANIZED BAR HAS AN OBLIGATION
TO INSURE THAT LAW ENFORCEMENT IS PROVIDED WITH THE RE-

SOURCES TO CARRY OUT ITS RESPONSIBILITIES FIRMLY, CAPABLY
AND WITH SENSITIVITY, SECURITY IN OUR DAILY LIVES DEPENDS
UPON THIS CAPABILITY, LAWYERS ADMINISTERING JUSTICE MUST

TAKE RESPONSIBILITY FOR ASSURING NOT ONLY THAT THESE PRO-
CEDURES ARE FAIR TO THE INDIVIDUAL AND THE COMMUNITY, BUT

THAT THEY APPEAR TO BE FAIR, TO THE END THAT JUSTICE BE
DONE AND BE KNOWN TO BE DONE. THE ORGANIZED BAR SHOULD
ACTIVELY WORK TO SEE THAT THE INSTITUTIONS INVOLVED IN
LAW ENFORCEMENT AND PROSECUTION, MANY OF WHICH ARE UNDULY
FRAGMENTED, ARE ORGANIZED AND FINANCED ON A SCALE SUFFICIENT'

-18-

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WHILE THESE SUGGESTIONS I HAVE MADE FOR YOUR

CONSIDERATION ARE OBVIOUSLY INCOMPLETE AND AT BEST ONLY
A BEGINNING, IT IS CRYSTAL CLEAR TO ME THAT UNLESS THE
ORGANIZED BAR BECOMES ESPECIALLY CONCERNED WITH THESE AND
SIMILAR PROBLEMS, QUALITY LEGAL REPRESENTATION, AS A PRAC-
TICAL MATTER, WILL CONTINUE TO BE UNAVAILABLE TO MANY OF
OUR CITIZENS,
THE LAW SEEKS FAIR-DEALING, EQUITY AND REDRESS OF
GRIEVANCE THESE ARE THE BENEFITS OF LEGAL ORDER YET -
WE MUST ADMIT THAT FOR MANY, OUR LEGAL INSTITUTIONS HAVE
PROVED INADEQUATE TO SECURE THE BENEFITS OF EQUAL JUSTICE.
I SUGGEST THAT THE ORGANIZED BAR NOW ACKNOWLEDGE THOSE
DEFICIENCIES AND SET ABOUT CORRECTING THEM. I SENSE A
DRIVING URGE ON THE PART OF MANY OF OUR YOUNGER LAWYERS
TO CHANGE MANY ASPECTS OF THE PRACTICE OF LAW THAT DO NOT
APPEAR TO THEM TO BE SUPPORTED BY REASON AND COMMON SENSE,
IF THE ORGANIZED BAR APPEARS TO STAND -IN THE WAY OF REASONED
CHANGE, IT CAN ONLY RESULT IN THE CREATION OF RIVAL ORGANI-
ZATIONS WHICH WILL ONLY DILUTE THE STRENGTH THAT COMES WITH
.UNITY.
IN INCREASING VOLUME AND VARIETY, THE LAW AND THE LEGAL

PROFESSION ARE CALLED ON TO PERFORM NEW TASKS, FOR NEW CLIEN-
TELE, IN RELATION TO NEW PROBLEMS, AND IN NEW CONTEXT.

-19-

STTHE ORGANIZED BAR MUST PROMPTLY PUT ITS OWN HOUSE IN ORDER

SO THAT LAWYERS MIGHT CONTINUE TO PLAY THEIR TRADITIONAL
AND HISTORIC ROLE IN THE MAKING OF THE GREAT DECISIONS OF

OUR TIMES-,

***

-20-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 49

VOLUME IV

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 50

VOLUME IV

ADDRESS OF: CHESTERFIELD SMITH, LAKELAND, FLORIDA
BEFORE: ORANGE COUNTY BAR ASSOCIATION
ORLANDO, FLORIDA
DATE OF
DELIVERY: WEDNESDAY, APRIL 19, 1972

TO THOSE WHO BELIEVE THAT LAW IS THE ONLY
FOUNDATION OF TRUE LIBERTY, JUSTICE, AND EQUALITY OF
OPPORTUNITY, THE GROWING REJECTION OF THE RULE OF LAW
BY PEOPLE FROM ALL WALKS OF LIFE, AGGRIEVED AND FRUS-
TRATED AT WHAT THEY REGARD AS THE FAILURE OF OUR LEGAL,
ECONOMIC, AND SOCIAL SYSTEMS TO FULFILL THEIR EXPEC-
TATIONS OF EQUAL JUSTICE AND OPPORTUNITY, IS A SOURCE
OF ACUTE DISTRESS, PERHAPS EVEN MORE DISTRESSING -
AND FRIGHTENING IS THE CYNICAL CONCLUSION OF A TINY
BUT HIGHLY VOCAL AND ACTIVE MINORITY THAT THE AMERICAN
DREAM IS ENDED AND THAT SOCIAL JUSTICE CAN BE BUILT ONLY
UPON THE RUINS OF THE DEMOCRATIC SYSTEM,
THOSE WHO BELIEVE IN THE DEMOCRATIC SYSTEM
AND THE RULE OF LAW TEND TO SEE AND PERHAPS FOR TOO
LONG HAVE SEEN ONLY THE ACHIEVEMENTS OF THE SYSTEM
AND NOT ITS FAILURES. THE DISSENTERS OVERLOOK THE
SYSTEM S VERY REAL ACCOMPLISHMENTS AND SEE ONLY THAT
IT THUS FAR SEEMS TO HAVE FAILED IN MATTERS THEY DEEM
TO BE OF VITAL IMPORTANCE.

UNFORTUNATELY, A MOVEMENT TOWARD REJECTION

OF THE RULE OF LAW CANNOT BE REVERSED MERELY BY THE

MOUTHING OF PLATITUDES ABOUT HOW FAR THE DEMOCRATIC

SYSTEM HAS COME OR BY THE PROLIFERATION OF PROMISES
ABOUT WHAT THE SYSTEM MAY IN DUE TIME ACCOMPLISH, THE

MAN WHOSE FRUSTRATIONS LEAD HIM TO REJECT THE RULE OF
LAW MAY NO LONGER BE WILLING TO WAIT FOR DUE TIME, AND

HE IS APT TO SEE THE SYSTEM'S ACHIEVEMENTS LARGELY IN

TERMS OF PROTECTING ONE MAN'S PROPERTY AT THE EXPENSE OF
ANOTHER MAN'S SPIRIT. A POINT SEEMS TO HAVE BEEN REACHED

IN THE NATION'S DEVELOPMENT, THEREFORE, WHERE THOSE WHO
STILL CHERISH THE AMERICAN DREAM HAVE BUT ONE REAL ALTER-

NATIVE, AND THAT PERHAPS FOR ONLY A VERY LITTLE WHILE

LONGER: TO MAKE THE DEMOCRATIC SYSTEM REALLY WORK TO
ACHIEVE GENUINE SOCIAl JUSTICE FOR ALL AMERICANS. LAW

AND LEGAL INSTITUTIONS ARE INCONSPICUOUS WHEN SOCIETY

IS AT PEACE. THEIR INADEQUACIES, AS WELL AS THE IMPOR-

TANCE OF THEIR FUNCTIONS, BECOME CLEAR ONLY IN TIMES OF

TROUBLE,

MAKING THE LEGAL SYSTEM WORK SEEMS TO ME TO A

LARGE DEGREE TO BE A MATTER OF RELEVANCE. THOSE AREAS

WHERE THE SYSTEM HAS THUS FAR FAILED SEEM TO BE AREAS

WHERE THE SYSTEM'S ANSWERS ARE NOT ENTIRELY RELEVANT TO

-2-

SOCIETY'S ESSENTIAL PROBLEMS. THE QUESTION OF RELEVANCE
HAS, OR SHOULD HAVE, A SPECIAL SHARPNESS FOR THE ORGANIZED

BAR AT THIS TIME. I SUGGEST THAT A CONTINUING FAILURE ON

THE PART OF THE ORGANIZED BAR TO EXAMINE THE LAWYERS'

FUNCTIONS AGAINST THE BACKGROUND OF TODAY'S PROBLEMS AND

TO ADJUST THEM ACCORDINGLY IS A SURE PATH TO PROFESSIONAL

OBSOLESCENCE,

EVEN LAWS AND LEGAL INSTITUTIONS THAT ARE

GENUINELY RESPONSIVE TO ESSENTIAL PROBLEMS MAY NEVERTHELESS

BE IRRELEVANT TO THOSE PROBLEMS IF THE LEGAL SERVICES

NECESSARY TO MAKE THEM OPERATIVE ARE NOT READILY OBTAINABLE
BY ALL WHO MIGHT BENEFIT FROM THEM. IF LAWYERS ARE TO

CONTINUE TO HAVE AT LEAST SOME RELEVANCE TO SOCIETY'S

ESSENTIAL PROBLEMS, PREVALENT QUESTIONS ABOUT THE PRO-
DUCTION AND DISTRIBUTION OF LAWYERS" SERVICES MUST BE

ANSWERED BY THE ORGANIZED BAR ITSELF, THOSE QUESTIONS

CAN BE ANSWERED OR SO I BELIEVE THROUGH THE DIFFICULT

BUT SOMETIMES UNPLEASANT PROCESSES OF SELF-EXAMINATION,

SELF-CRITICISM, AND SELF-IMPROVEMENT, EVEN THOUGH SELF-

EXAMINATION AND SELF-CRITICISM TENDTO BE.MADE ESPECIALLY

DIFFICULT BY A MARKED HETEROGENEITY WITHIN'THE ORGANIZED

BAR.

INDEED, THE LEGAL PROFESSION APPEARS IN MANY

WAYS TO BE A COALITION OF SEVERAL DIFFERENT GROUPS WITH

-3-

QUITE DISSIMILAR CHARACTERISTICS AND, IN SOME INSTANCES.
WITH CONFLICTING INTERESTS. GENERALLY SPEAKING, THE

LAWYER IN THE LARGE FIRM. WITH A PREDOMINANTLY BUSINESS
CLIENTELE, IS CLEARLY DIFFERENT FROM EITHER THE BIG-
CITY SOLO PRACTITIONER OR THE MEMBER OF A SMALL URBAN
FIRM WITH PREDOMINANTLY LOW- AND MIDDLE-INCOME INDIVIDUALS
AS CLIENTS, So, TOO, SALARIED GOVERNMENT LAWYERS SEEM
TO HAVE SOME DISTINCTIVE CHARACTERISTICS AND PROBLEMS,
AS DO CORPORATION HOUSE COUNSEL AND LABOR UNION LAWYERS.
THE GENERAL PRACTITIONER IN THE SMALL COMMUNITY IS
DIFFERENT STILL FROM ALL OF THESE,
RECOGNITION OF THIS DIVERSITY OF PRACTICE DOES
NOT YET SEEM TO BE GENERAL WITHIN THE ORGANIZED BAR.
MANY LAWYERS CONTINUE TO INSIST ON THE FUNGIBILITY OF
MEMBERS OF THE BAR, AN INCREASINGLY UNREAL BUT PERSISTENT

VIEW FOUNDED UPON TRADITIONAL PREMISES THAT SEEM NO
LONGER TO BE ENTIRELY IN ACCORD WITH THE FACTS.

THE SETTING FOR THE TRADITIONAL VIEW THE
SMALL TOWN WITH A SETTLED AND HOMOGENEOUS POPULATION,
WHERE EVERYONE KNEW EVERYONE ELSE IS NO LONGER TYPICAL
OF AMERICA. THE NATION'S POPULATION IS INSTEAD NOW
PREDOMINANTLY URBAN, ANONYMOUS, HETEROGENEOUS, ROOTLESS,
AND MOBILE.

-4-

So, TOO, WITH THE ARCHETYPE OF THE TRADITIONAL
LAWYER THE SMALL-TOWN SOLO PRACTITIONER. HE BUILT
HIS PRACTICE SLOWLY BUT SOLIDLY ON AN ACQUIRED REPUTATION

FOR INTEGRITY AND COMPETENCE. HE GAVE GRATUITOUS SERVICE
TO THE POOR AND EARNED AN AMPLE BUT WELL-DESERVED LIVING

FROM THE REST. ONE OF THE FEW LITERATE MEN IN TOWN, HE
BECAME THE TRUSTED AND HONORED COUNSELOR OF ALL,
BUT THE TRADITIONAL SMALL-TOWN LAWYER IS

BECOMING INCREASINGLY ATYPICAL OF THE LEGAL PROFESSION,
TODAY'S LAWYER MAY BE A MEMBER OF A LARGE LEGAL STAFF,
EITHER FOR A BIG CORPORATION OR FOR A GOVERNMENT AGENCY.

HE MAY BE EMPLOYED BY A LABOR UNION, EITHER ON SALARY
OR ON FULL-TIME RETAINER. HE MAY ENGAGE IN A SPECIALIZED
PRACTICE, EITHER AS A MEMBER OF A LARGE GENERAL-PRACTICE
FIRM WITH PREDOMINANTLY BUSINESS CLIENTS, OR AS A
MEMBER OF A FIRM THAT HANDLES ONLY ONE KIND OF LEGAL
BUSINESS, EVEN THE LAWYER WHO DOES DRAW HIS CLIENTS
PRIMARILY FROM THE GENERAL PUBLIC IS USUALLY NO MORE

TO TODAY'S CONSTANTLY CHANGING URBAN POPULATION THAN
A NAME IN THE CLASSIFIED SECTION OF THE TELEPHONE BOOK
OR ON A BUILDING DIRECTORY, HIS LITERACY IS, BY ITSELF,
NO LONGER OF SPECIAL VALUE TO A GENERALLY LITERATE PUBLIC,
THE LAWYER MAY, INDEED, STILL HAVE SOMETHING UNIQUE TO

OFFER THE PUBLIC, BUT IT IS OFFERED IN A VARIETY OF

REMARKABLY DIVERSE CIRCUMSTANCES.

DIVERSITY WITHIN THE LEGAL PROFESSION MAY HAVE

IMPLICATIONS AT MANY DIFFERENT LEVELS, IT WILL NO DOUBT

AFFECT THE NATURE AND PERHAPS THE QUALITY OF THE

PROFESSIONAL SERVICES RENDERED BY LAWYERS IN DIFFERENT
PRACTICE SITUATIONS, IT WILL PROBABLY ALSO AFFECT THE

COMPENSATION TO BE EARNED FROM PROFESSIONAL SERVICES

PERFORMED IN DIFFERENT CONTEXTS, DIVERSITY TENDS TO

MULTIPLY THE NUMBER OF DIFFERENT KINDS OF SERVICES

OFFERED BY THE BAR, AS WELL AS THE CONDITIONS UNDER

WHICH THEY ARE OFFERED. IT MAY ALSO AFFECT THE EXTENT
TO WHICH DIFFERENT LAWYERS ARE ABLE TO PERCEIVE THE

PROBLEMS OF MAKING LEGAL SERVICES AVAILABLE TO ALL

SEGMENTS OF SOCIETY OR TO APPRECIATE THE NATURE OF

THOSE PROBLEMS. IT WILL SURELY RESULT IN VARIATIONS

IN THE DEGREE TO WHICH DIFFERENT LAWYERS WILL BE AFFECTED

BY SUCH PROBLEMS AND BY VARIOUS POSSIBLE SOLUTIONS TO

THEM, AND FINALLY, IT MAY EXERT A CONTROLLING INFLUENCE

UPON THE WILLINGNESS OF VARIOUS SEGMENTS OF THE BAR TO

ACCEPT APPROPRIATE SOLUTIONS,

IT IS CLEAR THAT EFFORTS AT SELF-EXAMINATION,
SELF-CRITICISM, AND SELF-IMPROVEMENT BY THE ORGANIZED

-6-

BAR SHOULD TAKE INTO CONSIDERATION THE MANY DIFFERENCES

IN CHARACTERISTICS, ATTITUDES, INTERESTS, AND NEEDS OF
THE VARIOUS ELEMENTS OF THE BAR.

UNFORTUNATELY, THE ORGANIZED BAR WHEN CONSI-
DERING ITS DEFICIENCIES SEEMS UNDULY RELUCTANT TO

RECOGNIZE THE PROFESSION'S DIVERGENCE INTO DISSIMILAR

AND MORE OR LESS ISOLATED SEGMENTS, TO PUT IT BLUNTLY,

THE BAR PERSISTS IN REGARDING ALL LAWYERS AS EQUAL, WHEN

IN FACT THAT IS JUST NOT SO. BLINDNESS TO THIS FUNDA-

MENTAL AND PERVASIVE FISSION INHIBITS EFFECTIVE ACTION

WITH RESPECT TO THE PROBLEMS OF PROPERLY STRUCTURING

THE ORGANIZED BAR.

HERETOFORE, LAWYERS HAVE VIEWED AND DEALT WITH

PROBLEMS OF THE PROFESSION AND OF THE LEGAL SYSTEM -
LARGELY FROM THE STANDPOINT OF TRADITION OFTEN MERELY

FOR THE SAKE OF TRADITION. BUT VALUABLE AS TRADITION

MAY BE, TRADITION FOR TRADITION'S SAKE MAY NOT ALWAYS

PRODUCE ADEQUATE ANSWERS TO TODAY'S SERIOUS PROBLEMS.

WE MUST ATTEMPT TO VIEW THESE PROBLEMS FROM A DIFFERENT

AND POSSIBLY MORE RESPONSIVE PERSPECTIVE. WE COUNTY-

SEAT LAWYER, CORPORATION LAWYER, GOVERNMENT LAWYER, BIG

FIRM LAWYER AND SOLO PRACTITIONER MUST SEEK TO LOOK

AT THE ISSUES FROM ALL VIEWPOINTS AND DEAL WITH ALL

-7-

ASPECTS OF THE AVAILABILITY OF QUALITY LEGAL SERVICES
AND THE PROPER ROLE AND STRUCTURE OF THE ORGANIZED BAR.

I SUGGEST THAT ACCESS TO LEGAL SERVICES MUST
NOW BE RECOGNIZED AS A MATTER OF LEGAL RIGHT, EQUALLY
AVAILABLE TO ALL CITIZENS. LEGAL SERVICES PROVIDED

THROUGH CONVENTIONAL LAW OFFICES AND LAWYER-CLIENT
RELATIONSHIPS ARE BEYOND THE MEANS OF MANY CITIZENS.

IF RELEVANT PROFESSIONAL REPRESENTATION IS TO BE OFFERED

TO ALL SEGMENTS OF THE COMMUNITY AS A MATTER OF RIGHT,

IT IS EVIDENT THAT THE ORGANIZED BAR MUST SUBSTANTIALLY

RESTRUCTURE THE LEGAL PROFESSION SOMETHING WHICH I

BELIEVE TO BE LONG OVERDUE.

THE LEGAL PROFESSION MUST PROMPTLY BECOME
CONCERNED WITH MAKING QUALITY LEGAL REPRESENTATION, AS
A PRACTICAL MATTER, AVAILABLE TO ALL OF OUR CITIZENS WHO

NOW HAVE AN UNFILLED NEED FOR A LAWYER'S SERVICES,
THE LAW SEEKS FAIR-DEALING, EQUITY AND REDRESS

OF GRIEVANCE THESE ARE THE BENEFITS OF LEGAL ORDER -

YET WE MUST ADMIT THAT FOR MANY, OUR LEGAL INSTITUTIONS
HAVE PROVED INADEQUATE TO SECURE THE BENEFITS OF EQUAL

JUSTICE. AS LAWYERS, I SUGGEST THAT WE NOW ACKNOWLEDGE
THOSE DEFICIENCIES AND SET ABOUT CORRECTING THEM, I

SENSE A DRIVING URGE ON THE PART OF MANY OF OUR YOUNGER

-8-

LAWYERS TO CHANGE MANY ASPECTS OF THE PRACTICE OF LAW
THAT DO NOT APPEAR TO BE SUPPORTED BY REASON AND COMMON

SENSE. IF THE PRESENT ESTABLISHMENT OF THE ORGANIZED

BAR APPEARS TO STAND IN THE WAY OF REASONED CHANGE, IT
CAN ONLY RESULT IN THE CREATION OF RIVAL ORGANIZATIONS -

A FRAGMENTATION WHICH WILL.DILUTE THE STRENGTH THAT COMES
WITH UNITY,

LAWYERS HAVE SPECIAL SKILLS AS ADVOCATES,

PLANNERS, NEGOTIATORS AND ORGANIZERS NEEDED IN ACHIEVING

SUCH OBJECTIVES. THEY MUST HELP PROVIDE LEADERSHIP IN

BOTH THE PUBLIC AND PRIVATE SECTORS, THE PROFESSION MUST
PROMPTLY PUT ITS OWN HOUSE IN ORDER SO THAT LAWYERS MIGHT

PLAY THEIR TRADITIONAL AND HISTORIC ROLE IN THE MAKING

OF THE GREAT DECISIONS OF OUR TIMES.

THE ORGANIZED BAR MUST MEET SOCIETY'S NEEDS AND

DEMANDS FOR LEGAL SERVICES, IN INCREASING VOLUME AND

VARIETY, THE LAW AND THE LEGAL PROFESSION ARE CALLED ON

TO PERFORM NEW TASKS, FOR NEW CLIENTELE, IN RELATION TO

NEW PROBLEMS. AND IN NEW CONTEXT. THAT IS THE WAY IT

SHOULD BE THE LEGAL PROFESSION MUST ADAPT ITSELF

ACCORDINGLY.

THANK YOU.

-9-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 51

VOLUME IV

ADDRESS OF:

CHESTERFIELD SMITH

PRESIDENT-ELECT NOMINEE

AMERICAN BAR ASSOCIATION

BEFORE:

BARTOW ROTARY CLUB

BARTOW, FLORIDA

DATE OF DELIVERY:

WEDNESDAY, MAY 3, 1972

TITLE:

TIME:

LAW DAY USA WAS INAUGURATED BY THE AMERICAN BAR

ASSOCIATION ON MAY 1, 1958. THIS YEAR'S FIFTEENTH ANNUAL

OBSERVANCE OF LAW DAY USA HAS WITNESSED A SIGNIFICANT VARIATION

OF PROGRAM EMPHASIS FROM THAT OF PAST YEARS. THE PRIMARY EDUCA-

TIONAL THRUST HAS BEEN TOWARD THE MODERN ROLE OF THE LEGAL SYSTEM -

THAT IS, WAYS IN WHICH THE LAW IS OPERATING TO MEET SOCIETY'S

PRESENT-DAY PROBLEMS AND NEEDS, RATHER THAN ITS HISTORICAL CONTRI-

BUTIONS TO THE NATION'S DEVELOPMENT.

SPECIFICALLY, LAW DAY 1972 PROGRAMS ARE BEING AND HAVE

BEEN DIRECTED TOWARD THREE RELATED SUBJECT AREAS:

AS AN INSTRUMENT TO IMPROVE SOCIETY;

(1) THE LAW

(2) STEPS TO STRENGTHEN

THE LEGAL PROCESS ITSELF; AND (3) WHAT IS BEING DONE TO CLARIFY

THE RIGHTS AND RESPONSIBILITIES OF CITIZENSHIP. SO IT IS

APPROPRIATE TO ENUMERATE SOME OF THE HIGH POINTS IN CURRENT

ACTIVITIES AND NATIONAL OBJECTIVES OF THE ORGANIZED BAR IN

THESE AREAS.

IT IS, I BELIEVE, FAIR TO SAY THAT THE LEGAL PROFES-

SION IS TODAY MORE DEEPLY INVOLVED THAN EVER BEFORE IN A VARIETY

OF ENTERPRISES DESIGNED TO IMPROVE THE FUNCTIONING OF OUR LEGAL

SYSTEM AND ITS INSTITUTIONS, TO ENABLE THEM TO BETTER SERVE

^ THE NEEDS OF SOCIETY IN OUR ERA.

CONSIDER THE FOLLOWING EXAMPLES, INVOLVING NOT ONLY

ACTIVITIES OF THE AMERICAN BAR ASSOCIATION BUT OF AFFILIATED

LEGAL ORGANIZATIONS AND STATE AND LOCA. BAR ASSOCIATIONS ACROSS

THE COUNTRY.

WE HAVE CLARIFIED STANDARDS OF ETHICS FOR LAWYERS,

AND ARE IN THE PROCESS OF DOING THE SAME FOR JUDGES.

WE HAVE TAKEN THE LEADERSHIP ROLE IN A MASSIVE PROGRAM

OF REFORM OF PENAL CORRECTIONS AND IMPROVEMENT OF FACILITIES FOR

-2-

LhY"-I Ir -I- n-;._.^^r-

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.r ,

PRISONER REHABILITATION, TO REDUCE THE NUMBER OF REPEATERS

IN CRIME.

WE ARE STRIVING TO BRING LEGAL SERVICES TO MORE

PEOPLE BY INNOVATIVE NEW MEASURES, SUCH AS PREPAID LEGAL

SERVICES PLANS AND UTILIZATION OF PARAPROFESSIONALS AS A MEANS

OF REDUCING THE COST OF ROUTINE LEGAL SERVICES.

WE ARE MOVING TO PLACE LEGAL AID TO THE POOR ON A

HIGH PROFESSIONAL PLANE, FREE FROM PARTISAN INFLUENCES IN THE

CASE OF GOVERNMENT-SUPPORTED PROGRAMS.

WE ARE CONCERNING OURSELVES WITH THE LEGAL ASPECTS

OF HOUSING AND URBAN DEVELOPMENT THROUGH A NATIONAL PROGRAM TO

DEVELOP LEGAL REMEDIES FOR HOUSING INADEQUACIES AND INEQUITIES.

WE ARE WORKING ON A HALF DOZEN FRONTS TO IMPROVE

THE FUNCTIONING OF THE COURTS THROUGH NON-PARTISAN JUDICIAL

SELECTION, BETTER TRAINING OF JUDGES, AND INAUGURATION OF

MODERN BUSINESS METHODS IN COURT ADMINISTRATION.

WE HAVE INAUGURATED A NEW PROGRAM TO FIND MEANS TO

-3-

UTILIZE TO THE BEST PUBLIC ADVANTAGE THE PROFESSIONAL SKILLS

OF A RAPIDLY ENLARGING LEGAL PROFESSION. THIS STUDY ENCOMPASSES

NOT ONLY SOURCES OF CONSTRUCTIVE PROFESSIONAL EMPLOYMENT FOR

THE RECORD HIGH LEVEL OF 30,000 NEW LAWYERS EXPECTED TO ENTER

THE PROFESSION EACH YEAR STARTING IN 1974, BUT ALSO STEPS BY

WHICH THE LAW SCHOOLS' CURRICULA NEED TO BE ADAPTED TO MEET

CHANGING NEEDS IN LEGAL EDUCATION.

FINALLY, UNDER AMERICAN BAR ASSOCIATION LEADERSHIP,

WE HAVE EMBARKED UPON A LONG RANGE INTERDISCIPLINARY PROGRAM

TO UPGRADE THE TEACHING OF THE FUNDAMENTALS OF LAW IN A FREE

SOCIETY IN THE NATION'S PRIMARY AND SECONDARY SCHOOLS. THROUGH

THIS LATTER UNDERTAKING, WE ARE COMING TO GRIPS WITH A LONG-

NEGLECTED ASPECT OF PUBLIC EDUCATION ABOUT LAW AND ITS PLACE

IN AMERICAN LIFE. BAR ASSOCIATIONS ACROSS THE COUNTRY ARE

RESPONDING TO IT ENTHUSIASTICALLY. IN A SENSE, IT REPRESENTS

AN EXTENSION OF THE LAW DAY USA CONCEPT THROUGH A FOUNDATION

PROGRAM OF INSTRUCTION THROUGHOUT THE SCHOOL YEAR. IT ENVISIONS

-4-

COURSES OF INSTRUCTION THAT WILL ENABLE THE VERY YOUNG TO BETTER

UNDERSTAND OUR FORM OF GOVERNMENT AND ITS INSTITUTIONS, AND IN

PARTICULAR THE LEGAL PROCESS. THE ULTIMATE OBJECTIVE IS TO

INCULCATE IN OUR YOUNG PEOPLE AN AWARENESS OF THE QUALITIES

OF CITIZENSHIP UPON WHICH A VIABLE FREE SOCIETY MUST DEPEND.

I
WE BELIEVE THAT THROUGH THE RESOURCES OF STATE AND

LOCAL BAR ASSOCIATIONS EVERYWHERE WE CAN BE THE CATALYTIC FORCE

TO ENCOURAGE AND ASSIST IN ESTABLISHING THIS PROGRAM ON A

SOUND FOOTING IN THE SCHOOL SYSTEMS OF CITIES AND TOWNS

THROUGHOUT THE LAND. THE ROLE OF THE AMERICAN BAR ASSOCIATION

WILL BE TO EVALUATE AND MAKE AVAILABLE THE BEST OF THE TEACHING

MATERIALS AND METHODS WHICH HAVE BEEN DEVELOPED IN NUMEROUS PILOT

PROJECTS NOW UNDER WAY. THAT FUNCTION ALREADY IS IN PROGRESS

WITHTHE AID OF LEADING EDUCATORS, EXPERTS IN YOUTH CURRICULUM

DEVELOPMENT AND IN THE BEHAVIORAL SCIENCES.

WE HAVE ASKED BOTH BAR ASSOCIATIONS AND INDIVIDUAL

LAWYERS THROUGHOUT THE NATION TO ASSIST THE EFFORT BY BRINGING

-5-

. *

THE MERITS OF THE PROGRAM TO THE ATTENTION OF SCHOOL ADMINIS-

TRATORS AND BOARDS, IN SERVING AS RESOURCE PERSONS IN THE

TRAINING OF TEACHERS, AND IN ENLISTING THE SUPPORT OF CIVIC

ORGANIZATIONS.

THE GROWTH OF LAW DAY USA ITSELF TESTIFIES TO THE

RECOGNIZED NEED FOR THIS TYPE OF EDUCATIONAL EFFORT.

ONE INTERESTING ASPECT OF LAW DAY THIS YEAR HAS BEEN

THE PRESENTATION OF PANEL PROGRAMS BY THREE-MEMBER TEAMS OF

LAW STUDENTS AT ALL LAW SCHOOLS AND AT HUNDREDS OF JUNIOR

COLLEGES AND UNIVERSITIES. THIS ACTIVITY IS BEING COORDINATED

BY THE LAW STUDENT DIVISION OF THE ASSOCIATION. TOPICS SELECTED

BY THE STUDENTS AS BEING OF SPECIAL INTEREST ARE BEING DISCUSSED.

MEMBERS OF THE YOUNG LAWYERS SECTION OF ABA ARE PRESENTING

SIMILAR PROGRAMS AT OTHER INSTITUTIONS OF HIGHER EDUCATION

OUTSIDE THE AREAS COVERED BY THE LAW STUDENTS. MANY HUNDREDS

OF SENIOR LAWYERS ARE AGAIN ADDRESSING LAW DAY AUDIENCES AS

WELL AS HIGH SCHOOL ASSEMBLIES.

-6-

- p

SINCE LAW DAY WAS INAUGURATED IN 1958, SOCIETY HAS

INDEED UNDERGONE PROFOUND CHANGES, OFTEN ACCOMPANIED BY VIOLENT

CONFRONTATIONS IN THE CITIES AND ON THE CAMPUSES. WE HAVE

WITNESSED AN ALARMING RISE IN CRIME AND MANY EVIDENCES OF A

DETERIORATION IN PUBLIC RESPECT FOR LEGAL AUTHORITY. YET THIS

IS NOT TO SAY THAT LAW DAY HAS FAILED IN ITS PURPOSE. INDEED,

WE NOW BEGIN TO SEE THE TREND AMONG YOUNG PEOPLE -- CLEARLY

EVIDENT IN THE UNPRECEDENTED INCREASE IN LAW SCHOOL ENROLLMENTS --

TO TURN TO LAW AS AN AVENUE THROUGH WHICH THEY CAN EXERCISE

THEIR DESIRE TO PARTICIPATE IN THE IMPROVEMENT OF THE SOCIAL

ORDER.

WHILE THERE IS NO CERTAIN MEANS OF MEASURING THE

CUMULATIVE IMPACT THAT LAW DAY USA HAS HAD IN THE DECADE AND

A HALF OF ITS OBSERVANCE, WE DO KNOW THAT ITS MESSAGE HAS

REACHED COUNTLESS MILLIONS OF AMERICANS WHO HAVE BEEN REMINDED

THAT THE LAW IS, IN THE LAST ANALYSIS, THE GREATEST BULWARK

WE HAVE FOR THE PRESERVATION OF A FREE SOCIETY AND THE BEST

-7-

. ... ,-*

INSTRUMENT FOR CORRECTING INEQUITIES. THERE ALWAYS WILL BE

A NEED FOR THIS TYPE OF PUBLIC FORUM ABOUT THE LAW, WHICH IS

ONE OF THE MOST PERVASIVE YET LEAST UNDERSTOOD FORCES IN OUR

NATIONAL LIFE.

WE WILL BE DOING ONLY THAT WHAT WE SHOULD, AND THERE-

FORE, WHAT WE MUST DO, IF NEVER AGAIN DO WE AS AMERICAN CITIZENS

THINK OF OUR RIGHTS WITHOUT THINKING ALSO OF OUR RESPONSIBILITIES.

THANK YOU.

AtWW

-8-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 52

VOLUME IV

ADDRESS OF: CHESTERFIELD SMITH, LAKELAND, FLORIDA

BEFORE: TAMPA-HILLSBOROUGH COUNTY BAR ASSOCIATION,
TAMPA, FLORIDA

DATE OF
DELIVERY: FRIDAY, MAY 5, 1972 12:00 noon

TOPIC: "THE RIGHTS AND RESPONSIBILITIES OF CITIZENSHIP"

LAW DAY USA WAS INAUGURATED BY THE AMERICAN BAR ASSOCIA-

TION ON MAY 1, 1958. THIS YEAR'S FIFTEENTH ANNUAL OBSERVANCE OF

LAW DAY USA HAS WITNESSED A SIGNIFICANT VARIATION OF PROGRAM

EMPHASIS FROM THAT OF PAST YEARS. THE PRIMARY EDUCATIONAL THRUST

HAS BEEN TOWARD THE MODERN ROLE OF THE LEGAL SYSTEM -- THAT IS,

WAYS IN WHICH THE LAW IS OPERATING TO MEET SOCIETY'S PRESENT-

DAY PROBLEMS AND NEEDS, RATHER THAN ITS HISTORICAL CONTRIBUTIONS

TO THE NATION'S DEVELOPMENT.

SPECIFICALLY, LAW DAY 1972 PROGRAMS ARE BEING AND

HAVE BEEN DIRECTED TOWARD THREE RELATED SUBJECT AREAS: (1) THE

LAW AS AN INSTRUMENT TO IMPROVE SOCIETY; (2) STEPS TO STRENGTHEN

THE LEGAL PROCESS ITSELF; AND (3) WHAT IS BEING DONE TO CLARIFY

THE RIGHTS AND RESPONSIBILITIES OF CITIZENSHIP. SO IT IS

APPROPRIATE TO ENUMERATE SOME OF THE HIGH POINTS IN CURRENT

ACTIVITIES AND NATIONAL OBJECTIVES OF THE ORGANIZED BAR IN

THESE AREAS.

CONSIDER THE FOLLOWING EXAMPLES, INVOLVING NOT ONLY

ACTIVITIES OF THE AMERICAN BAR ASSOCIATION BUT OF AFFILIATED

LEGAL ORGANIZATIONS AND STATE AND LOCAL BAR ASSOCIATIONS

ACROSS THE COUNTRY:

WE HAVE CLARIFIED STANDARDS OF ETHICS FOR LAWYERS,

AND ARE IN THE PROCESS OF DOING THE SAME FOR JUDGES.

WE HAVE TAKEN THE LEADERSHIP ROLE IN A MASSIVE PROGRAM

OF REFORM OF PENAL CORRECTIONS AND IMPROVEMENT OF FACILITIES

FOR PRISONER REHABILITATION, TO REDUCE THE NUMBER OF REPEATERS

IN CRIME.

WE ARE STRIVING TO BRING LEGAL SERVICES TO MORE PEOPLE

BY INNOVATIVE NEW MEASURES, SUCH AS PREPAID LEGAL SERVICES

-2-

PLANS AND UTILIZATION OF PARAPROFESSIONALS AS A MEANS OF

REDUCING THE COST OF ROUTINE LEGAL SERVICES.

WE ARE MOVING TO PLACE LEGAL AID TO THE POOR ON A

HIGH PROFESSIONAL PLANE, FREE FROM PARTISAN INFLUENCES IN THE

CASE OF GOVERNMENT-SUPPORTED PROGRAMS.

WE ARE CONCERNING OURSELVES WITH THE LEGAL ASPECTS

OF HOUSING AND URBAN DEVELOPMENT THROUGH A NATIONAL PROGRAM TO

DEVELOP LEGAL REMEDIES FOR HOUSING INADEQUACIES AND INEQUITIES.

WE ARE WORKING ON A HALF DOZEN FRONTS TO IMPROVE THE

FUNCTIONING OF THE COURTS THROUGH NON-PARTISAN JUDICIAL SELEC-

TION, BETTER TRAINING OF JUDGES, AND INAUGURATION OF MODERN

BUSINESS METHODS IN COURT ADMINISTRATION.

WE HAVE INAUGURATED A NEW PROGRAM TO FIND MEANS TO

UTILIZE TO THE BEST PUBLIC ADVANTAGE THE PROFESSIONAL SKILLS

OF A RAPIDLY ENLARGING LEGAL PROFESSION. THIS STUDY ENCOM-

PASSES NOT ONLY SOURCES OF CONSTRUCTIVE PROFESSIONAL EMPLOYMENT

FOR THE RECORD HIGH LEVEL OF 30,000 NEW LAWYERS EXPECTED TO

-3-

ENTER THE PROFESSION EACH YEAR STARTING IN 1974, BUT ALSO

STEPS BY WHICH THE LAW SCHOOLS' CURRICULA NEED TO BE ADAPTED

TO MEET CHANGING NEEDS IN LEGAL EDUCATION.

FINALLY, UNDER AMERICAN BAR ASSOCIATION LEADERSHIP,

WE HAVE EMBARKED UPON A LONG-RANGE INTERDISCIPLINARY PROGRAM

TO UPGRADE THE TEACHING OF THE FUNDAMENTALS OF LAW IN A FREE

SOCIETY IN THE NATION'S PRIMARY AND SECONDARY SCHOOLS. THROUGH

THIS LATTER UNDERTAKING, WE ARE COMING TO GRIPS WITH A LONG-

NEGLECTED ASPECT OF PUBLIC EDUCATION ABOUT LAW AND ITS PLACE

IN AMERICAN LIFE. BAR ASSOCIATIONS ACROSS THE COUNTRY ARE

RESPONDING TO IT ENTHUSIASTICALLY. IN A SENSE, IT REPRESENTS

AN EXTENSION OF THE LAW DAY CONCEPT THROUGH A FOUNDATION

PROGRAM OF INSTRUCTION THROUGHOUT THE SCHOOL YEAR. IT ENVISIONS

COURSES OF INSTRUCTION THAT WILL ENABLE THE VERY YOUNG TO BETTER

UNDERSTAND OUR FORM OF GOVERNMENT AND ITS INSTITUTIONS, AND IN

PARTICULAR THE LEGAL PROCESS. THE ULTIMATE OBJECTIVE IS TO

INCULCATE IN OUR YOUNG PEOPLE AN AWARENESS OF THE QUALITIES

-4-

OF CITIZENSHIP UPON WHICH A VIABLE FREE SOCIETY MUST DEPEND.

DESPITE THESE EFFORTS AND SIMILAR ACTIVITIES BY

INDIVIDUAL LAWYERS AND STATE AND LOCAL BAR ASSOCIATIONS FROM

THROUGHOUT AMERICA, WE CONTINUE TO BE ENGAGED IN OUR PERENNIAL

STRUGGLE BETWEEN INDIVIDUAL RIGHTS AND INDIVIDUAL RESPONSIBI-

LITIES. IT IS MOST COMMON TODAY TO HEAR TALK ABOUT ONE'S

INDIVIDUAL RIGHTS; NO ONE HAS MUCH TO SAY THESE DAYS ABOUT

INDIVIDUAL DUTY, OR OBLIGATION, OR RESPONSIBILITY. IF SOMEONE

DOES BRING UP THAT POINT, NOT MANY INTERESTED HEARERS ARE IN

EVIDENCE, AND EVEN THOSE SEEM TO FEEL THE SUBJECT DISTASTEFUL.

AS LAWYERS, WE KNOW BETTER THAN MOST THAT OUR CITIZENS

NOT ONLY ACCEPT BUT DEMAND THE FULL PROTECTION OF THE LAW FOR

THEIR RIGHTS TO DISSENT, TO DEMONSTRATE, TO SPEAK, PUBLISH

AND ASSEMBLE. IF THE POLICE DO NOT ACT TO SHIELD THEM FROM

HECKLERS AND BULLIES, THEY ARE OUTRAGED. BUT SOME OF THOSE

CITIZENS CANNOT SEE THAT THOSE SAME POLICE ARE MERELY DOING

THEIR SAME DUTY WHEN THEY BREAK UP AN ILLEGAL SIT-IN IN

-5-

WHICH THEY ARE PARTICIPATING.

THERE IS A HINT OF PHILOSOPHICAL ANARCHISM BEHIND

SOME OF THE MODERN BIZARRE PROTEST GROUPS IN OUR MIDST, THE

HIPPIES AND MODS, THE BEATNIKS AND VIETNIKS, WHO DROP OUT,

OP OUT OR COP OUT, THUMBING THEIR NOSES AT SOCIETY AND ITS

VALUES. THEY SUGGEST IN THEIR ACTIONS, IF NOT IN THEIR

WORDS, THAT ALL AUTHORITY, ALL ORDER, ALL STRUCTURES OF LAW

ARE BENEATH CONTEMPT. WHAT THEY CURIOUSLY FAIL TO RECOGNIZE

IS THE STRONG LIKELIHOOD THAT IF THEIR VISION OF SOCIETY

PREVAILED, THEY WOULD THEMSELVES BE THE FIRST VICTIMS OF THE

LAWLESSNESS THEY ADVOCATE. UNRESTRAINED BY POLICE AND CIVIL

LAW, AN OUTRAGED PUBLIC WOULD MOVE IN ON THESE SOCIETAL DEFEC-

TORS, AND CLEAN THEM OUT:

I AM NOT SUGGESTING THAT DIRECT ACTION SHOULD BE

BANNED, THOUGH TECHNIQUES ONCE EFFECTIVE BECAUSE THEY WERE

CALLED FORTH TO DRAMATIZE DESPERATE SITUATIONS HAVE LOST MUCH

OF THEIR EFFECT BY BEING USED TO EXPRESS A SOMETIMES MERELY

-6-

PETULANT DISAPPROVAL. THERE ARE SITUATIONS WHERE NEGOTIATIONS

BREAK DOWN, AND NO OTHER AVENUE IS OPEN. IN THOSE SITUATIONS,

EXTREME MEASURES ARE DEMANDED, BUT THEY DO NOT CALL FOR VIO-

LATING THE RIGHTS OF OTHER AMERICAN CITIZENS. NOT IN A DEMO-

CRATIC SOCIETY, WHERE THE PEOPLE ARE GOVERNED BY THEIR OWN

CONSENT.

SOCIETIES DO SOMETIMES REACH THE POINT WHERE THE

PEOPLE HAVE NO RECOURSE EXCEPT REVOLUTION. BUT UNTIL THAT

TIME COMES, ANY NATION HAS NOT ONLY THE RIGHT BUT THE DUTY

TO PROTECT ITSELF AND ITS CITIZENS FROM MINORITIES WHO ATTEMPT

TO SET THEIR PRIVATE MORALITY ABOVE THE PUBLIC LAW. WHEN AND

IF THE TIME COMES WHEN THE PUBLIC DECIDES THE MINORITY IS RIGHT

AND THE LAW IS WRONG, THEN THE LAW WILL BE CHANGED OR THERE

WILL BE A REVOLUTION. BUT UNTIL THEN, WE MUST ASSUME THAT

THE LAW REPRESENTS THE WISH OF THE PUBLIC, OR AT LEAST THE

MAJORITY THEREOF, AND IT MUST BE ENFORCED.

WE AS A NATION HAVE BEEN REMARKABLY TENDER TOWARD

DISSENTERS. WE CAN BOAST A BETTER RECORD IN THAT AREA THAN

-7-

ANY OTHER NATION IN THE WORLD. WE HAVE SOME SCARS HERE AND

THERE; THE DENIAL OF HABEAS CORPUS DURING THE CIVIL WAR, THE

COMMUNIST HYSTERIA AND ITS TRAGIC EXCESSES AFTER BOTH WORLD

WARS, THE RELOCATION OF JAPANESE-AMERICAN CITIZENS DURING

WORLD WAR II; BUT ON THE WHOLE WE HAVE GENERALLY ALWAYS

ALLOWED THE DISSENTERS THEIR VOICE, HAVE TOLERATED THOSE WHO

LASH OUT SAVAGELY AT THE WHOLE FABRIC OF OUR SOCIETY.

AND YET, DESPITE THAT RECORD, DESPITE A HERITAGE

WHICH SHOULD EVOKE PRIDE, THERE ARE LARGE NUMBERS TODAY WHO

SEEM TO HATE THIS COUNTRY AND VIRTUALLY EVERYTHING IT STANDS

FOR. OUR NEWS MEDIA; PRESS, TV, AND RADIO, OUR EDUCATORS, OUR

CHURCHMEN, OUR POLITICAL LEADERS OUTDO ONE ANOTHER IN DAMNING

AND DENOUNCING OUR PRESIDENT, OUR SUPREME COURT, OUR DEPART-

MENTS OF STATE AND DEFENSE, OUR ADMIRALS AND GENERALS, OUR

GOVERNOR, OUR LEGISLATORS, OUR SHERIFF AND POLICE, OUR

SUPERINTENDENTS OF SCHOOLS, OUR NATIONAL POLICIES, FOREIGN

AND DOMESTIC. IF YOU READ THE EDITORIALS, THE COLUMNS AND THE

SPEECHES OF THE SO-CALLED "OPINION MAKERS" OF OUR SOCIETY

TODAY, WHETHER THEY BE CONSERVATIVE, LIBERAL OR MIDDLE-OF-

THE-ROAD, YOU REALLY WILL WONDER WHY ANYONE SHOULD BE PROUD

TO BE AN AMERICAN. ALL WE HEAR ANY MORE FROM THEM IS WHAT

IS WRONG WITH US, AND THOSE FEW INDIVIDUALS WHO DARE NOW AND

THEN TO SPEAK UP IN DEFENSE OF OUR REALLY VERY IMPRESSIVE

PAST AND PRESENT ARE ACCUSED OF BEING ADMINISTRATION FINKS:

DISSENT AND DIFFERENCE FROM WHATEVER PARTY OR PERSON HAPPENS

AT THE MOMENT TO BE IN POWER IS ONE THING AN IMPORTANT AND

ESSENTIAL PART OF ANY DEMOCRACY. BUT WE LACK AND MUST PROMPTLY

DEVELOP THE CONCEPT OF A "LOYAL OPPOSITION", OPPOSED TO THE

PRESENT ADMINISTRATION, BUT NEVERTHELESS ALWAYS FAITHFUL TO

THE NATION.

OF COURSE, OUR SOCIETY DOES HAVE SHORTCOMINGS. SO

LONG AS MEN ARE MEN AND NOT GODS, WE SHALL FALTER AND FAIL.

IT BECOMES LARGELY A QUESTION OF EMPHASIS, WHETHER ONE CON-

CENTRATES ON ONE'S BLESSINGS AS COMPARED WITH OTHER ACTUAL

-9-

SOCIETIES OR ON ONE'S BANE, AS COMPARED WITH "UTOPIA". THE

YOUNG PEOPLE OF TODAY CAN PROPERLY SEE ONLY ONE DIMENSION -

FORWARD FROM WHERE WE ARE TO THE FUTURE WORLD OF THEIR HOPES

AND IDEALS. OLDER PEOPLE MUST FROM THE IMPERATIVES OF

EXPERIENCE TAKE ACCOUNT OF TWO OTHER EQUALLY VALID DIMENSIONS -

BACKWARD TO THE WAY THINGS USED TO BE, AND SIDEWAYS TO THE

WAY THINGS ARE IN OTHER SOCIETIES.

SO TODAY, UNDERSTANDABLY, MANY YOUNG PERSONS STRESS

THE INDIVIDUAL AND HIS RIGHTS AND PRIVILEGES. HE MUST, HE

CLAIMS, BE ALLOWED TO DECIDE WHETHER HE WILL FIGHT TO DEFEND

HIS COUNTRY. HE AND HIS PRIVATE MORALITY MUST LIKEWISE, HE

FEELS, BE FREE TO DISOBEY PUBLIC LAWS HE DOES NOT LIKE. HE

ACCORDINGLY CANNOT BE EXPECTED TO COOPERATE WITH POLICE,

REPORTING CRIMES HE WITNESSES. HE REGARDS HIS OWN PRIVATE

NOTIONS OF MORALITY CONCERNING MARIJUANA AND OTHER PSYCHODELIC

SUBSTANCES AS SUPERIOR TO AND SURPASSING THE PUBLIC LAWS. BUT

AMERICA HAS BEEN HERE BEFORE. WE HAVE BEEN THROUGH PERIODS IN

WHICH THE INDIVIDUAL RIGHTS OF OUR CITIZENS HAVE TAKEN PRE-

CEDENCE OVER THEIR INDIVIDUAL RESPONSIBILITY TO OTHERS AND TO

OUR COUNTRY. AND WITHOUT SUCH PERIODS AND SUCH PROTEST, THERE

IS ALWAYS THE DANGER THAT THE STATE WILL BECOME A MONSTER,

DEVOURING AND DEPRIVING ITS CITIZENS INSTEAD OF SERVING THEM.

THE DIALECTIC IS AN INDISPENSABLE PART OF OUR TRADITION, WHICH

HAS ALWAYS PROTECTED US FROM TYRANNY.

BUT THE PENDULUM HAS IN THE PAST INVARIABLY SWUNG BACK,

AND THERE IS EVERY REASON TO BELIEVE THAT IT WILL DO SO AGAIN.

WHAT WE NEED TO MAKE THAT PENDULUM SWING IS TO SET FOR OURSELVES

AGAIN IDEALS TOWARD WHICH WE ARE WILLING TO STRIVE, DESPITE

SACRIFICES.

TODAY'S CRITICS AND ATTACKERS ARE CHIEFLY DESTRUCTIVE

AND OFTEN ANARCHISTIC, NEVER SUPPORTING NEW STRUCTURES TO TAKE

THE PLACE OF THOSE THEY WOULD TEAR DOWN. BUT IF THEY ARE

PRESSED FOR COMMITMENTS, THEY COME UP WITH SOME VAGUE STATEMENT

LIKE JUSTICE FOR EVERYONE AND LIBERTY FOR ALL. SURE, JUSTICE

-11-

AND LIBERTY ARE OUR IDEALS, ARE OUR GOALS THEY ARE THE GOALS

TOWARD WHICH WE ALWAYS HAVE BEEN STRIVING AND WHICH WE CAN

NEVER FULLY ATTAIN NOT GOALS WHICH CAN BE REACHED, PERMITTING

US TO RELAX IN COMPLACENCY AND DECADENCE.

THE WORD "ORDER" HAS FALLEN INTO DISREPUTE DURING

THESE TIMES BECAUSE IT EMPHASIZES TO MANY WHO JUST DO NOT

WANT TO THINK THAT WAY THE NECESSITY OF "ORDER" AS A BASIS FOR

ANY KIND OF LASTING SOCIETY.

BUT WE ALL KNOW AS LAWYERS THAT ORDER CAN BE OVER-

EMPHASIZED AND THAT LAW CAN BE ABUSED. LAW AND ORDER CAN BE A

SYNONYM FOR REPRESSION IF WE DO NOT READ THE TERM "JUSTICE"

INTO LAW OR MAKE IT A TRILOGY LAW, ORDER AND JUSTICE. JUSTICE

IS WHAT LAW SHOULD BE ABOUT GIVING EACH PERSON HIS DUE.

LIBERTY. WE ALL DESIRE LIBERTY FOR OURSELVES, BUT

THERE ARE THOSE WHO FEEL THAT THE LAW RESTRAINS AND IS THE

ANTITHESIS OF LIBERTY. THEY COULD NOT BE MORE MISTAKEN.

COMPLETE LIBERTY FOR ALL MEANS LIBERTY FOR NONE EXCEPT THE

-12-

MOST POWERFUL.

UNQUESTIONABLY, OUR MOST CHALLENGING COMMITMENT AS

LAWYERS IN THE PRESENT DOMESTIC SITUATION IS THE WIDESPREAD

DISREGARD FOR THIS MOST IMPORTANT CONCEPT OF LAW AND ORDER AND

JUSTICE -- BUT IT CANNOT GO ON -- WE AS A NATION MUST PROMPTLY

RECOGNIZE THAT THERE IS NO MAN OR WOMAN WHO IS ENTITLED TO

DISRUPT ORDERLY PROCESSES.

THE FIRST AMENDMENT OF THE UNITED STATES CONSTITU-

TION CREATES NO RIGHT TO DO WHAT ONE WISHES -- ONLY THE RIGHT

TO EXPRESS ONE'S BELIEFS. IT IS NOW TIME THAT WE SPEAK OUT

AGAINST THOSE PERSONS, NO MATTER HOW WELL-MEANING OR HIGHLY

MOTIVATED, WHO CONDONE CRIMINAL ACTIONS UNDER THE GUISE OF

CIVIL DISOBEDIENCE. WE MUST AGAIN FIND THE PROPER BALANCE

BETWEEN INDIVIDUAL RIGHTS AND INDIVIDUAL RESPONSIBILITIES.

SINCE LAW DAY WAS INAUGURATED IN 1958, SOCIETY HAS

INDEED UNDERGONE PROFOUND CHANGES, OFTEN ACCOMPANIED BY VIO-

LENT CONFRONTATIONS IN THE CITIES AND ON THE CAMPUSES. WE

-13-

HAVE WITNESSED AN ALARMING RISE IN CRIME AND MANY EVIDENCES

OF A DETERIORATION IN PUBLIC RESPECT FOR LEGAL AUTHORITY.

YET THIS IS NOT TO SAY THAT LAW DAY HAS FAILED IN ITS PURPOSE.

INDEED, WE NOW BEGIN TO SEE THE TREND AMONG YOUNG PEOPLE TO

TURN TO LAW AS AN AVENUE THROUGH WHICH THEY CAN EXERCISE

THEIR DESIRE TO PARTICIPATE IN THE IMPROVEMENT OF THE SOCIAL

ORDER.

WHILE THERE IS NO CERTAIN MEANS OF MEASURING THE

CUMULATIVE IMPACT THAT LAW DAY HAS HAD, WE DO KNOW THAT ITS

MESSAGE HAS REACHED COUNTLESS MILLIONS OF AMERICANS WHO HAVE

BEEN REMINDED THAT THE LAW IS, IN THE LAST ANALYSIS, THE

GREATEST BULWARK WE HAVE FOR THE PRESERVATION OF A FREE SOCIETY

AND THE BEST INSTRUMENT FOR CORRECTING INEQUITIES.

JUSTICE HOLMES WAS RIGHT WHEN HE SAID THAT MEN CAN

LIVE GREATLY IN THE LAW. AS LAWYERS THEN, WE WILL BE DOING

ONLY THAT WHAT WE SHOULD, AND THEREFORE, WHAT WE MUST DO, IF

NEVER AGAIN DO WE THINK OF OUR INDIVIDUAL OR GROUP RIGHTS

-14-

WITHOUT THINKING ALSO OF OUR INDIVIDUAL OR GROUP RESPONSIBI-

LITIES. LET US LIVE GREATLY IN THE LAW.

THANK YOU.

-15-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 53

VOLUME IV

ADDRESS OF: CHESTERFIELD SMITH
LAKELAND, FLORIDA

BEFORE: 1972 GRADUATING CLASS
STETSON UNIVERSITY COLLEGE OF LAW
ST. PETERSBURG, FLORIDA

DATE OF DELIVERY: THURSDAY, JUNE 1, 1972 6:30 P.M.

AS A SPOKESMAN FOR THE AMERICAN BAR ASSOCIATION,

IT IS MY PRIVILEGE TO CONGRATULATE THE MEMBERS OF THIS CLASS

UPON THEIR SUCCESSFUL COMPLETION OF LAW SCHOOL AND TO WELCOME

YOU AS YOU ENTER THE PRACTICE OF LAW.

FROM PERSONAL EXPERIENCES, I KNOW THAT THERE IS A

DEEP SATISFACTION IN BEING A LAWYER. THERE ARE MANY OF US

ALREADY PRACTICING LAW WHO CONSIDER IT TO BE THE NOBLEST OF

PROFESSIONS. WHILE IT IS A MOST DEMANDING FIELD OF ENDEAVOR,

THE REWARDS TO THE DILIGENT ARE SUBSTANTIAL.

EVERYDAY, OUR FELLOW HUMAN BEINGS, FACED WITH SERIOUS

PERSONAL PROBLEMS, SEEK OUR LAWYERS AND ALMOST WITHOUT THOUGHT

ENTRUST THEM WITH THEIR PROPERTY, WITH THEIR FREEDOM, AND EVEN

WITH THEIR LIFE. THAT TRUST, SO ROUTINELY IMPOSED ON LAWYERS,

IN MY PERSONAL BUT ADMITTEDLY BIASED OPINION, MAKES LAWYERS AN

ELITE GROUP, DIFFERENT IN DEGREE FROM THOSE OTHER PEOPLE WHO DO

NOT RECEIVE IN SUCH A ROUTINE MANNER THAT FIDUCIARY RESPONSI-

BILITY.

AS A GROUP, I BELIEVE THAT LAWYERS WORK FAR HARDER,

FAR LONGER HOURS, AND EMPLOY FAR GREATER INTELLECTUAL COMPE-

TENCE THAN DO THOSE IN OTHER PROFESSIONS. WHILE THE PRACTICE

OF LAW STILL OFFERS AN UNLIMITED OPPORTUNITY FOR SUBSTANTIAL

FINANCIAL SUCCESS TO ONE WHO POSSESSES IN AN UNUSUAL DEGREE

THOSE INGREDIENTS NEEDED TO INSURE SUCCESS AS AN ADVOCATE OR

AS A COUNSELOR, YOU SHOULD NOW REALIZE THAT THE DEEPEST SATIS-

FACTION YOU WILL RECEIVE WILL BE FROM REWARDS NOT MONETARY IN

NATURE.

YOUR REWARD WILL BE THE STIMULATION OF INTELLECTUAL

ACTIVITY YOU WILL BE DELIGHTED TO EARN THE TRUST AND CONFIDENCE

-2-

OF YOUR COLLEAGUES AT THE BAR. YOU WILL BE PLEASED BY YOUR

KNOWLEDGE THAT YOU ARE YOUR OWN MAN WITH A MARKED DEGREE OF

PERSONAL INDEPENDENCE. YOU WILL STRIVE ALWAYS TO BE KNOWN

EVERYWHERE AS A RELIABLE AND HONEST LAWYER.

THE SITUATIONS WHICH WILL CONFRONT YOU DAILY WILL

BE ALMOST ALWAYS NEW AND DIFFERENT. YOUR ABILITY TO ADAPT TO

THEM WILL BE PARAMOUNT TO ACHIEVING SATISFACTION IN YOUR WORK.

DESPITE THE CRIES OF MANY WHO FEAR THAT THE LEGAL

PROFESSION IS BECOMING OVERCROWDED, I MYSELF REMAIN CONFIDENT

THAT THERE WILL BE A READY MARKET FOR YOUR SERVICES. IN THE

PAST, VERY FEW PEOPLE HAVE EVER EMPLOYED LAWYERS, YET UNDER

PRESENT CONDITIONS THE NEED FOR LEGAL SERVICES BY ALMOST

EVERYONE IS EVER AND INCREASINGLY MORE URGENT. IT IS TRUE

THAT YOU, AS THE FUTURE LEADERS OF OUR PROFESSION, MUST DEVISE

MEANS AND WAYS WHEREBY EVERY CITIZEN HAS READILY AVAILABLE

TO HIM A COMPETENT LAWYER WHEN HE HAS A PROBLEM WITH WHICH A

LAWYER CAN HELP. YOU WILL HAVE TO DEVISE AN ANSWER TO THE

-3-

SERIOUS QUESTION OF HOW TO MAKE FIRST-RATE LEGAL SERVICES

AVAILABLE TO ALL PERSONS WITH SERIOUS LEGAL PROBLEMS, EVEN

THOUGH THEY ARE INDIGENT OR OTHERWISE UNABLE TO PAY. YOU AND

YOUR COLLEAGUES MUST WRESTLE WITH THE CHANGING CONDITIONS

WHICH SEEM ALMOST MANIFESTLY TO REQUIRE THAT OUR PROFESSION

REGULATE LEGAL SPECIALIZATION IF WE ARE TO KEEP UP THE DEMANDS

OF OUR CLIENTS. YOU WILL QUICKLY FIND, IF YOU DO NOT ALREADY

KNOW, THAT THERE ARE MANY LAWYERS WHO HANDLE MATTERS REQUIRING

A SPECIALIZED KNOWLEDGE OF THE LAW WHO QUITE FRANKLY BY TRAINING

AND EXPERIENCE ARE INCOMPETENT FOR THAT TYPE OF SERVICE.

YOU MUST ALSO ANSWER THE CHALLENGE IMPOSED BY THOSE

LAY GROUPS WHO UNDERSTANDINGLY HAVE BANDED TOGETHER ACTUARIALLY

TO SHARE UNEXPECTED, BUT SUBSTANTIAL, LEGAL COSTS WHICH ARE

IMPOSED UPON THEM. THIS GROWING CONCEPT OF GROUP LEGAL SER-

VICES SEEMS TO ME TO BE BOTH DESIRABLE AND BENEFICIAL IF PROPERLY

CHANNELED, YET THERE ARE MANY OF OUR COLLEAGUES WHO FEEL THAT

THIS NEW DEVICE FOR MARKETING LEGAL SERVICES THREATENS THE

TRADITIONAL ATTORNEY-CLIENT RELATIONSHIP.

WE HAVE NOT YET SOLVED, BUT WE MUST SOLVE, THE

PROBLEM OF BUDGETING FOR NEEDED LEGAL SERVICES BY CITIZENS

BEFORE THE OCCASION ARISES WHEN THOSE CITIZENS NEED LEGAL

SERVICES. THE EXPERIMENTAL PROGRAMS ON PRE-PAID LEGAL COST

INSURANCE NOW BEING CONDUCTED BY THE ORGANIZED BAR MIGHT WELL

POINT THE WAY TO AN INSURANCE SYSTEM WHICH CAN DO FOR THE LEGAL

PROFESSION WHAT BLUE CROSS-BLUE SHIELD DID FOR THE MEDICAL

PROFESSION.

THERE ARE OTHER FACTORS WHICH ARE DEFINITELY CONTRI-

BUTING TO THE MUSHROOMING DEMAND FOR LEGAL SERVICES. WE ARE

ALL FAMILIAR WITH THE GOVERNMENT PROGRAMS FOR THE LEGAL PRO-

TECTION OF THE POOR. THEY HAVE FITTED VERY LOGICALLY AS

SEQUELS TO SOME OF THE SUPREME COURT DECISIONS RELATIVE TO

THE RIGHTS OF THE ACCUSED. POOR PERSONS WHO MIGHT NEVER HAVE

CONSULTED A LAWYER IN THEIR LIFETIME ARE NOW BEING REPRESENTED

BY GOVERNMENT LAWYERS. THIS HAS MEANT THAT THE OEO, LEGAL AID,

-5-

AND NEIGHBORHOOD LAW OFFICES ARE SEEKING TO EMPLOY THE VERY

SAME LAWYERS THAT MY OWN FIRM SEEKS TO EMPLOY. AND THAT IS

VERY GOOD FOR LAW AND JUSTICE EVEN THOUGH IT HAS CAUSED SOME

LAWYERS PERSONAL INCONVENIENCE.

ACCOMPANYING THIS GROWTH OF LEGAL SERVICE TO THE

POOR IS A GROWING DEMAND FOR LAWYERS TO SERVE THE MIDDLE

CLASSES. STATE AND LOCAL BAR ASSOCIATIONS THROUGHOUT OUR

COUNTRY ARE ALREADY BEEFING UP THEIR LAWYER REFERRAL PLANS.

THEY ARE TRYING TO REACH MORE PEOPLE SINCE THEIR ACTUAL

CONTACT WITH THE PUBLIC TO DATE HAS BEEN MINIMAL.

BY THESE MEANS, AND BY OTHER DEVICES NOT YET UNDER

CONSIDERATION BY THE ORGANIZED BAR, YOU AND YOUR CONTEMPORARIES

MUST INSURE THAT THE LEGAL PROFESSION IS RESTRUCTURED IN A WAY

THAT COMPETENT LEGAL SERVICES ARE MADE READILY AND ECONOMICALLY

AVAILABLE TO ALL WHO NEED LEGAL SERVICES.

WHILE DOING THOSE THINGS, YOU MUST ACCOMMODATE

THOSE NEEDED INNOVATIONS IN THE PRACTICE OF LAW WITHIN OUR

-6-

EXISTING ETHICAL FRAMEWORK. IT IS PARAMOUNT THAT THE GREAT

AND HISTORIC PROFESSIONAL PRINCIPLES WHICH HAVE MADE THE LAWYER

THE CHAMPION OF HUMAN RIGHTS, THE DEFENDER OF MAN'S FREEDOM

FROM OPPRESSION BY HIS FELLOW MAN, OR BY HIS GOVERNMENT, BE

MOST ZEALOUSLY GUARDED.

IF EACH OF YOU AS YOU ENTER THE PRACTICE OF LAW WILL

ASSUME AND DISCHARGE YOUR INDIVIDUAL SHARE OF THAT TOTAL LAWYER

RESPONSIBILITY, THERE IS REALLY NO LIMIT TO WHAT THE LEGAL

PROFESSION CAN ACCOMPLISH IN THE FORESEEABLE FUTURE BOTH FOR

LAWYERS AND FOR THE PUBLIC.

THERE IS ANOTHER BROAD GENERAL AREA IN WHICH NEW

DEMANDS RELATING TO THE SERVICES OF LAWYERS ARE MUSHROOMING.

THE STATES HAVE TRADITIONALLY REGULATED THE PRACTICE OF LAW

WITHIN THEIR BORDERS TO ASSURE FIRST, THAT THE PRACTITIONER

HAS THE REQUISITE SKILLS OF A LAWYER WITH THE KNOWLEDGE OF

THE LAWS OF THE PARTICULAR STATE; AND SECONDLY, THAT HE IS

SUBJECT TO ETHICAL CONTROLS WITHIN THE STATE.

-7-

OVER THE YEARS, WE HAVE SEEN A GRADUAL EROSION OF

THIS RULE. RECENT RULINGS BY THE SUPREME COURT OF THE UNITED

STATES WILL INCREASE THE PRESSURE ON STRICT STATE REGULATION

OF PRACTICE. CHANGE IS WITH US AND CHANGE IS COMING.

IN YOUR LIFETIMES, I PREDICT THAT MIGRATORY PRACTICE

THROUGHOUT THE UNITED STATES WILL ACHIEVE A SOUND LEGAL BASE.

AS A MATTER OF FACT, WE ALREADY HAVE DE FACTO NATIONAL MIGRATORY

PRACTICE. LARGE LAW FIRMS ARE REGULARLY SENDING LAWYERS ALL

OVER THE UNITED STATES TO HANDLE DEPOSITIONS, TO NEGOTIATE FOR

PURCHASE OF LAND OR COMPANIES, TO NEGOTIATE LABOR CONTRACTS,

OR TO HANDLE PRACTICALLY ANYTHING IN THE SPECTRUM OF THE

PRACTICE OF LAW. WE ONLY HEAR ABOUT THESE ACTIVITIES IN THE

COURTS WHEN, BY SOME ACCIDENT, A FEE FOR THOSE LEGAL SERVICES

IS DISPUTED. ALTHOUGH WE STILL ADHERE TO THE RULE THAT A

LAWYER IS A LAWYER ONLY IN HIS NATIVE STATE, AND IS A LAYMAN

AS SOON AS HE CROSSES THE BORDER OF HIS HOME STATE, THIS RULE

IS ALSO FADING AWAY, AND I BELIEVE THAT IT PROPERLY SHOULD.

-8-

IN EVERY AREA OF THE PRACTICE OF LAW THERE IS AN

INCREASING POTENTIAL FOR THE BROADENING OF THE RIGHT OF INTER-

STATE PRACTICE. THE VARIOUS CASES WHICH HAVE ARISEN TO DATE

HAVE BEEN WORKED OUT DELICATELY. BUT AN EXPLOSIVE, UNRESOLVABLE

ISSUE PERTAINING TO THE RIGHTS OF THE STATES TO REGULATE THE

PRACTICE OF LAW MAY YET ARISE WHICH CAN ONLY BE RESOLVED BY

THE SUPREME COURT OF THE UNITED STATES. IN THAT EVENT, THE

SUPREME COURT MAY OR MAY NOT CONTINUE TO HOLD THAT THE STATES

HAVE A LEGITIMATE INTEREST TO PROTECT IN THE ADMISSION AND

DISCIPLINE OF LAWYERS.

MY OWN CONCLUSION IS THAT WE HAVE INTERSTATE PRACTICE

OF LAW NOW, AND THAT RECOGNIZED OR UNRECOGNIZED, IT IS GOING

TO CONTINUE TO GROW.

WHILE I HAVE CONCLUDED THAT BECAUSE THE DEMAND FOR LEGAL

SERVICES IS ZOOMING UPWARD AND WILL CONTINUE TO DO SO AT A TREMEN-

DOUS RATE SO THAT THERE WILL NEVER BE TOO MANY LAWYERS, IT MAY

BE INTERESTING IN CONSIDERING MY CONCLUSION TO TAKE A LOOK

AT CURRENT LAWYER MANPOWER AND HOW IT IS DIVIDED. OUR 1972

-9-

LAWYER POPULATION IS APPROXIMATELY 355,000, APPROXIMATELY 75%

OF THESE RECEIVED COLLEGE UNDERGRADUATE DEGREES AND 93% GRADUATED

FROM ABA APPROVED LAW SCHOOLS, ABOUT 135,000 OF THOSE LAWYERS

LIVE IN CITIES OF MORE THAN 500,000, AND ONLY SOME 67,000 TO

68,000 LIVE IN CITIES OF UNDER 25,000. OF THE APPROXIMATELY

355,000 LAWYERS, THERE ARE APPROXIMATELY 125,000 WHO ARE SOLO

PRACTITIONERS, APPROXIMATELY 102,000 WHO ARE PARTNERS IN LAW

FIRMS AND APPROXIMATELY 35,000 WHO ARE ASSOCIATES IN LAW FIRMS.

THIS REPRESENTS THE ENTIRE SPECTRUM OF PRIVATE PRACTICE. THE

BALANCE OF THE LAWYER POPULATION IS MADE UP OF ABOUT 43,000

PERSONS WHO SERVE AS HOUSE COUNSEL (WHICH INCLUDES LAWYERS

WORKING IN EDUCATIONAL INSTITUTIONS) AND LAWYER PERSONNEL IN

GOVERNMENTAL SERVICES, INCLUDING THE JUDICIAL, EXECUTIVE AND

LEGISLATIVE BRANCHES, WHICH AMOUNTS TO APPROXIMATELY ANOTHER

50,000. INTERESTINGLY ENOUGH, THE EMPLOYMENT OF THE LATTER

TWO GROUPS IS CONSTANTLY GROWING. THUS THE PUBLIC SECTOR OF

OUR PROFESSION IS COMPETING MIGHTILY WITH THE PRIVATE SECTOR

-10-

FOR NEW LEGAL MANPOWER. THERE ARE NOW ABOUT 9,500 WOMEN

LAWYERS. THE POPULATION-LAWYER RATIO CONTINUES TO DECLINE

AND IS NOW ONE LAWYER FOR EACH 572 POPULATION. STATISTICAL

INFORMATION I HAVE ABOUT THIS LAW SCHOOL INDICATES THAT ITS

GRADUATES CONFORM GENERALLY TO THE NATIONAL AVERAGE ON DIS-

TRIBUTION AND TYPE OF PRACTICE.

THE EVER-INCREASING DEMAND FOR LEGAL SERVICES TO ME

MEANS THAT WE MUST LOOK TO EITHER MORE LAWYERS OR MORE EFFICIENT

PRACTICE TO TAKE UP THE SLACK. THERE ARE CURRENT DEVELOPMENTS

OF INTEREST IN BOTH AREAS.

SURVEYS BY THE AMERICAN BAR ASSOCIATION SECTION OF

LEGAL EDUCATION AND ADMISSIONS HAVE REVEALED AN UNPRECEDENTED

INCREASE IN THE NUMBER OF LAW STUDENTS DURING THE PAST TWO

YEARS. ENROLLMENT IN THE 147 ABA-APPROVED LAW SCHOOLS JUMPED

15 PERCENT THIS SCHOOL YEAR, FOLLOWING LAST YEAR'S RECORD-

BREAKING 20 PERCENT INCREASE OVER THE 1969-1970 SCHOOL YEAR.

-11-

THERE ARE NOW 94,468 LAW STUDENTS IN ABA-APPROVED

LAW SCHOOLS, WHICH ARE OPERATING AT FULL CAPACITY. PROJECTIONS

INDICATE AS MANY AS 30,000 LAW STUDENTS MAY BE GRADUATED EACH

YEAR AFTER 1973, AND THAT THE TOTAL NUMBER OF LAWYERS NOW IN

THE UNITED STATES COULD DOUBLE BY 1985.

WHILE THE AMERICAN BAR ASSOCIATION HAS TAKEN THE

POSITION THAT NO LIMITATION SHOULD BE IMPOSED ON THE NUMBER

OF STUDENTS ENTERING THE LEGAL PROFESSION, THAT BURGEONING

LAW SCHOOL ENROLLMENT HAS MADE IT PROPERLY CONCERNED WITH

IDENTIFYING WAYS TO MAKE THE FULLEST USE OF THE TRAINING AND

TALENTS WHICH LAWYERS CAN BRING TO SOLVING THE PROBLEMS OF

THEIR CLIENTS AND THE COUNTRY, INCLUDING EXAMINATIONS OF

THE POTENTIAL OF NEW SPECIALTIES IN THE LAW PRACTICE AND

AREAS IN WHICH LEGAL NEEDS MAY BE MORE FULLY SERVED. THE

ASSOCIATION'S BOARD OF GOVERNORS RECENTLY CREATED A NINE-

MEMBER TASK FORCE TO STUDY THE IMPACT ON THE PUBLIC AND THE

-12-

LEGAL PROFESSION OF THE RAPIDLY GROWING NUMBER OF STUDENTS

SOON TO BE ADMITTED TO THE PRACTICE OF LAW. THAT TASK FORCE

IS TO REPORT TO THE ASSOCIATION'S HOUSE OF DELEGATES IN

AUGUST. PERSONALLY, I FEEL CONFIDENT THAT THE TASK FORCE

WILL REPORT THAT THERE ARE MULTIPLE METHODS OF UTILIZING

THE NEW LAWYERS IN MEANINGFUL PROFESSIONAL SERVICES TO SOCIETY,

AND THAT THERE IS NO REAL DANGER OF AN OVERSUPPLY OF LAWYERS.

WITHOUT PRE-JUDGING THE FINDINGS OF THE TASK FORCE

IN ANY WAY, IT IS MY OWN FIRM BELIEF THAT BECAUSE OF THE

RISING NEED FOR LEGAL SERVICES AND THE NEW PROBLEMS WHICH

INVOLVE LEGAL QUESTIONS AND ISSUES, THERE NEVER WILL BE TOO

MANY LAWYERS.

IN THE OTHER AREA OF A MORE EFFICIENT PRACTICE OF

THE LAW, IT SEEMS TO BE NOW A WIDESPREAD AND GENERALLY RECOG-

NIZED RULE OF PRACTICE THAT LAW OFFICES MUST USE ALL AVAILABLE

-13-

MEANS TO REDUCE OPERATING COSTS AND TO MAKE AVAILABLE LEGAL

SERVICES AT A REASONABLE COST THAT IS, AT A COST LOWER THAN

IT NOW IS AND IN A RANGE WHICH THE POTENTIAL CLIENT OF MODERATE

MEANS CAN AFFORD. LAWYERS EVERYWHERE NOW REALIZE THAT IMPORTANT

SAVINGS ARE POSSIBLE THROUGH SOLO PRACTITIONERS JOINING TOGETHER

TO FORM LAW PARTNERSHIPS, THE REORGANIZATION OF SMALL LAW OFFICES

AND THE PROFESSIONAL WORK LOAD THEREIN, THE USE OF MODERN EQUIP-

MENT, AND THE STANDARDIZATION OF LEGAL INSTRUMENTS AND OTHER

SIMILAR IMPROVEMENTS IN OFFICE PROCEDURES.

WE MUST ASSURE THAT LAWYERS ONLY PRACTICE LAW. THAT

IS BASICALLY OUR WORK. WE MUST LEAVE NON-LEGAL OR MECHANICAL

FUNCTIONS TO OUR LEGAL ASSISTANTS OR TO PARA-PROFESSIONALS.

THE APPLICATION AND INTERPRETATION OF THE LAW MUST BE OUR ONLY

FUNCTION, WHETHER IT BE IN THE COURTROOM OR IN DRAFTING WILLS

OR CONTRACTS.

WE, AS LAWYERS, ARE FACING UNUSUAL DEMANDS. IN

ATTEMPTING TO PROVIDE LEGAL SERVICE IN THE FUTURE, WE CANNOT

-14-

NECESSARILY THINK SOLELY IN TERMS OF ADDING YOUNG LAWYERS.

THOSE DAYS ARE GONE. WE MUST CONCENTRATE ON EFFICIENCY AND

THE PRODUCTIVENESS OF OUR OPERATION SO AS TO PROVIDE OUR

SERVICES MOST EFFECTIVELY. IF WE ARE TO SURVIVE AS A PROFES-

SION, WE MUST OPERATE PROMPTLY, AND WITH THE GREATEST QUALITY

POSSIBLE. WE MUST ASSURE THAT LAWYERS ARE CAPABLE, QUALIFIED,

INTELLIGENT AND PROGRESSIVE IN KEEPING UP WITH CURRENT DEVELOP-

MENTS IN THE LAW.

LET ME SAY THAT THE LAW EXPLOSION IS REAL IT'S

CURRENT IT IS WITH US. WHETHER WE CHOOSE TO ADMIT IT OR

NOT, THE DEMAND FOR LEGAL SERVICES NOW EXCEEDS THE SUPPLY.

THIS DEMAND IS GOING TO CONTINUE TO GROW, AND EVEN THOUGH THE

NUMBER OF LAWYERS IS INCREASING AT A TREMENDOUS RATE, THERE

APPEARS TO BE LITTLE LIKELIHOOD THAT THE SUPPLY OF LAWYERS

WILL EVER IN THE FORESEEABLE FUTURE EXCEED THE DEMAND FOR

THEIR SERVICES.

DESPITE THESE CHALLENGES WHICH FACE YOUR CHOSEN

-15-

PROFESSION, IT IS NEVERTHELESS PROPER FOR ME AT THIS TIME AND

AT THIS PLACE, AS YOU GRADUATE FROM THIS DISTINGUISHED COLLEGE

OF LAW, TO REITERATE JUST EXACTLY HOW GRATIFYING AND PLEASING

I BELIEVE THAT YOU SHORTLY WILL FIND IT IS TO BE A LAWYER.

ASSUMING FOR THIS CLASS THE USUAL SUCCESS WHICH THE GRADUATES

OF THIS LAW SCHOOL TRADITIONALLY HAVE HAD WITH THE BAR EXAM,

YOU TOO ARE NOW ONLY DAYS AWAY FROM BEING A LAWYER IN GOOD

STANDING. YOU WILL THEN QUICKLY FIND THAT YOUR BROTHER

LAWYERS ARE FINE PEOPLE, AND AS A RULE, EXCEPTIONALLY GOOD

CITIZENS. I PREDICT WITHOUT RESERVATION THAT YOU TOO WILL

ENJOY THROUGHOUT YOUR LIFE THE OPPORTUNITY OF FRATERNIZING WITH

A GROUP BOTH KNOWLEDGEABLE AND HONORABLE.

HARRISON TWEED, A DISTINGUISHED NEW YORK LAWYER WHO

DIED SEVERAL YEARS AGO, STATED VERY BRIEFLY THE MESSAGE I FEEL

APPROPRIATE ON THIS OCCASION. HE SAID:

I HAVE A HIGH OPINION OF LAWYERS. WITH ALL

THEIR FAULTS, THEY STACK UP WELL AGAINST THOSE

-16-

IN EVERY OTHER OCCUPATION OR PROFESSION.

THEY ARE BETTER TO WORK WITH, OR PLAY WITH,

OR FIGHT WITH, OR DRINK WITH, THAN MOST OTHER

VARIETIES OF MANKIND."

ON BEHALF OF LAWYERS EVERYWHERE, IT IS MY PLEASURE

TO WELCOME YOU TO THIS MOST ELITE GROUP.

-17.-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 54

VOLUME IV

ADDRESS OF:

CHESTERFIELD SMITH

PRESIDENT-ELECT NOMINEE

AMERICAN BAR ASSOCIATION

BEFORE:

UTAH STATE BAR

PARK CITY, UTAH

DATE OF DELIVERY:

TITLE:

TIME:

THURSDAY, JUNE 8, 1972

10:30 A.M.

THE CHALLENGE OF THE LAW

TWENTY MINUTES

IT IS GENERALLY ACKNOWLEDGED THAT OUR SOCIETY IS FACING

CHALLENGES TO PUBLIC ORDER AND TO THE REALIZATION OF AMERICAN

IDEALS GREATER THAN ANY SINCE THE CIVIL WAR. OF PARAMOUNT

SIGNIFICANCE TO THOSE OF US WHO HAVE DEDICATED OURSELVES TO

THE LEGAL PROFESSION THE RULE OF LAW FACES STRESSES AND

STRAINS UNPARALLED IN THE HISTORY OF OUR REPUBLIC.

PEOPLE FROM ALL WALKS OF LIFE AGGRIEVED AND FRUSTRATED

AT WHAT THEY REGARD AS THE FAILURE OF OUR LEGAL ECONOMIC -

AND SOCIAL SYSTEMS TO FULFILL THEIR EXPECTATIONS OF EQUAL

JUSTICE AND OPPORTUNITY ARE RESORTING INCREASINGLY TO VIOLENCE

AND DISORDER IN PREFERENCE TO ORDERLY PROCESSES OF CHANGE.

TO THOSE WHO BELIEVE THAT LAW IS THE ONLY FOUNDATION OF

TRUE LIBERTY JUSTICE AND EQUALITY OF OPPORTUNITY THIS

GROWING REJECTION OF THE RULE OF LAW-IS A SOURCE OF ACUTE DISTRESS.

PERHAPS EVEN MORE DISTRESSING AND FRIGHTENING IS THE CYNICAL

CONCLUSION OF A TINY BUT HIGHLY VOCAL AND ACTIVE MINORITY THAT

THE AMERICAN DREAM IS ENDED AND THAT SOCIAL JUSTICE CAN BE BUILT

ONLY UPON THE RUINS OF THE DEMOCRATIC SYSTEM.

CENTRAL TO THE CRISIS OF OUR TIME ARE THE RECURRING

VIOLATIONS OF THE HUMAN DIGNITY OF PEOPLE WHO LIVE IN BOTH OUR,

RURAL AND OUR URBAN AREAS. THESE VIOLATIONS TAKE MANY FORMS -

DISCRIMINATION CRIME INADEQUACY OF EDUCATION AND EMPLOYMENT.

THEY HAVE MANY CAUSES PUBLIC INDIFFERNECE ARCHAIC GOVERNMENT

-2-

INSTITUTIONS- AND INSUFFICIENCY OF TAX RESOURCES. OUR COMPLEX

SOCIETY IS PERVADED BY SIMILAR IF LESS EVIDENT PROBLEMS. AND I

BELIEVE THAT AT NO OTHER TIME HAS THE LEADERSHIP OF THE ORGANIZED

BAR LOCAL STATE AND NATIONAL BEEN MORE CONCERNED ABOUT

THESE PROBLEMS BEEN MORE AWARE OF THEIR DEHABILITATING EFFECT

ON THE RULE OF LAW AND MORE DETERMINED TO DO SOMETHING ABOUT

MITIGATING THEM.

HENCE IT WAS NOT EASY FOR ME TO DECIDE UPON THE SUBJECTS

I SHALL DISCUSS TODAY. I HAVE RESISTED THE TEMPTATION MERELY

TO REVIEW THE LONG AND GROWING LIST OF CURRENT ACTIVITIES OF THE

AMERICAN BAR ASSOCIATION SINCE MOST OF YOU KNOW ABOUT MOST OF

THEM. INSTEAD I INTEND TO FOCUS ON THE BROADER QUESTION OF

OUR CAPACITY AS A PROFESSION TO GET THINGS DONE TO EXPLORE WITH

YOU OUR COOPERATIVE INTERNAL RELATIONSHIPS IN DEALING WITH

SPECIFIC RESPONSIBILITIES WE FACE.

THE PRESSURES OF OUR COMPLEX SOCIETY ARE SUCH THAT WE HAVE

BECOME A NATION OF ORGANIZATIONS IN THE SCIENCES IN

COMMUNICATIONS IN EDUCATION AND IN THE PROFESSIONS. WE ARE

SO BIG AND SO DIVERSE THAT NO LONGER CAN THERE BE AN EFFECTIVE

VOICE WITHOUT A PLATFORM. IT IS ESPECIALLY IMPORTANT THAT WE

RECOGNIZE THIS BASIC TRUTH AS IT APPLIES TO THE LAWYER AND

PARTICULARLY TO BAR ASSOCIATIONS. WHILE THERE STILL ARE

OCCASIONS WHEN THE'INDIVIDUAL LAWYER CAN AND SHOULD SPEAK OUT AS

AS LAWYER AND AS A CITIZEN HE CAN NO LONGER ACTING ALONE -

WIELD THE INFLUENCE NECESSARY TO ACHIEVE SOLUTIONS FOR LARGE

PROBLEMS. HE MAY PROVIDE LEADERSHIP AND INSPIRATION AND

-3-

SOMETIMES INFLUENCE OTHERS BY EXAMPLE BUT IT IS PRIMARILY

THROUGH HIS PARTICIPATION IN THE WORK OF THE ORGANIZED BAR THAT

THE LAWYER CAN MAKE HIS BEST CONTRIBUTION.

AN ESSENTIAL COROLLARY IS THAT IF THE ORGANIZED BAR IS TO

MAKE A MEANINGFUL IMPACT ON THE SERIOUS ISSUES BEFORE US AND OUR

SOCIETY WE MUST HAVE A WORKING PARTNERSHIP AMONG ALL THE BAR

ASSOCIATIONS AND OTHER LEGAL ORGANIZATIONS IN THE COUNTRY. TO PUT

IT DIRECTLY THE VOLUNTARY COOPERATIVE RELATIONSHIP AMONG THESE

ASSOCIATIONS AND ORGANIZATIONS AS REPRESENTED IN THE HOUSE OF

DELEGATES OF THE AMERICAN BAR ASSOCIATION IS AN INDISPENSABLE

FACTOR IN THE FUNCTION OF THE BAR AS A NATIONAL FORCE IN AMERICAN

LIFE.

FROM THE STANDPOINT OF THE ABA I AM FRANK TO SAY THAT VERY

FEW OF ITS MAJOR PROGRAMS WOULD GET VERY FAR WITHOUT THE ACTIVE

SUPPORT OF THE STATE AND LOCAL BARS. THERE ARE COUNTLESS

EXAMPLES OF THIS INTER-DEPENDENCE. THE SUCCESS OF THE STANDARDS

OF CRIMINAL JUSTICE PROJECT IS ONE -THE IMPLEMENTATION OF THE CODE

OF PROFESSIONAL RESPONSIBILITY IS ANOTHER. IN A MOMENT I SHALL

REFER TO OTHERS OF IMPORTANCE IN THE IMMEDIATE FUTURE WHOSE

SUCCESS OR FAILURE WILL DEPEND UPON THE INVOLVEMENT OF STATE AND

LOCAL BAR ASSOCIATIONS.

BUT FIRST I WANT TO ADD THAT THE INFLUENCE OF THE STATE AND

LOCAL BAR ASSOCIATIONS IS BY NO MEANS LIMITED TO SUPPORT OF

PROGRAMS INITIATED BY THE ABA. OFTEN THE INITIATIVE IN BAR

ACTIVITIES COMES FROM THE STATES AND LOCALITIES IN MANY INSTANCES

-4-

THE STATE AND LOCAL BAR ASSOCIATIONS HAVE FIRST INSTITUTED PROJECTS

WHICH THE ABA THEN EMBRACED.

OUR PROFESSION HAS BEEN FORTUNATE THAT THERE HAS EVOLVED OVER

THE YEARS THIS PROCESS OF SHARING IDEAS OR JOINTLY IMPLEMENTING

THEM AND THAT THE RELATIONSHIP HAS GROWN PROGRESSIVELY CLOSER

IN AN ERA WHEN LARGE OBLIGATIONS MAKE UNITY OF PURPOSE AND ACTION

SO ESSENTIAL.

ONE YEAR AGO CHIEF JUSTICE WARREN BURGER AT WILLIAMSBURG,

VIRGINIA WHILE SUGGESTING THE CREATION OF A NATIONAL CENTER FOR

STATE COURTS RECOGNIZED THE UNION OF THE ABA WITH THE STATE BAR

ASSOCIATIONS BY STATING:

"THE AMERICAN BAR ASSOCIATION IS A FORCE FOR

ENORMOUS ALMOST UNLIMITED GOOD WITH RESPECT TO

EVERY PROBLEM IN THE ADMINISTRATION OF JUSTICE.

IT IS A FORCE THAT CANNOT BE DIRECTED OR CONTROLLED

BY A PARTICULAR GROUP OR ANY SELFISH INTEREST

BECAUSE IT INCLUDES APPROXIMATELY 150,000 LAWYERS

AND JUDGES AND LAW PROFESSORS REPRESENTING 1,700

STATE AND LOCAL BAR ASSOCIATIONS AND OTHER LEGAL

GROUPS. ITS GOVERNING BODY THE HOUSE OF

DELEGATES REPRESENTS 90% OF ALL THE PRACTICING

LAWYERS IN THIS COUNTRY. I MENTION THESE FACTORS

BECAUSE THE AMERICAN BAR ASSOCIATION IS ESSENTIALLY

A GRASS-ROOTS INSTITUTION WHOSE COMPONENTS SPRING

FROM THE 50 STATES. THE FACILITIES AND POWER -

-5-

THE INFLUENCE AND PRESTIGE OF THIS ASSOCIATION ARE

LITERALLY ON THE DOOR STEP OF EVERY STATE CAPITAL

THROUGH THE STATE BAR ASSOCIATION AND THAT POWER

AND INFLUENCE CAN BE PUT TO WORK IN TERMS OF

ACHIEVING THE OBJECTIVES I HAVE SUGGESTED TO YOU."

I WONDER HOW MANY OF YOU REALIZE HOW IMPORTANT IS THE UNUSUAL

CHARACTER OF THE ABA HOUSE OF DELEGATES IN EFFECTUATING THE

VOLUNTARY PARTNERSHIP OF THE MORE THAN 1,700 STATE AND LOCAL BAR

ASSOCIATIONS AND ALL OF THE OTHER LEGAL ORGANIZATIONS IT EMBRACES.

WE SPEAK OF IT AS THE ABA HOUSE OF DELEGATES BUT IN REALITY IT

IS THE POLICY-MAKING BODY NOT ONLY OF THE 155,000 DUES-PAYING

MEMBERS OF THE ABA BUT ALSO OF THE ALMOST ONE-THIRD OF A MILLION

LAWYERS IN THE UNITED STATES.

OF THE 306 MEMBERS OF THE ABA HOUSE OF DELEGATES AS IT IS

CONSTITUTED TODAY 154 ARE DELEGATES REPRESENTING THE STATE BAR

ASSOCIATIONS THE 35 LARGE LOCAL BAR ASSOCIATIONS AND THE 20

AFFILIATED NATIONAL LEGAL ORGANIZATIONS. TO THAT NUMBER WE CAN

WELL ADD THE 4 EX-OFFICIO MEMBERS WHO SERVE BECAUSE OF THEIR

POSITIONS IN THE FEDERAL GOVERNMENT AND YOU HAVE 158. THUS -

THE DELEGATES WHO SIT IN THE HOUSE BY VIRTUE OF THEIR ABA POSITIONS

TOTALING 148 CONSTITUTE A MINORITY OF THE MEMBERSHIP OF THE HOUSE

WHILE THOSE WHO REPRESENT THE STATE AND LOCAL BAR ASSOCIATIONS AND

AFFILIATED NATIONAL LEGAL GROUPS MAKE UP THE MAJORITY.

THIS ARRANGEMENT IS UNIQUE AMONG THE NATIONAL ORGANIZATIONS

-6-

OF THE VARIOUS PROFESSIONS. BUT CERTAINLY IT HAS PROVED TO BE A

WISE POLICY IN TERMS OF PROMOTING COHESION IN THE LEGAL PROFESSION.

IT IS IMPORTANT TO BEAR IN MIND THAT WHILE THE POLICY DECISIONS

OF THE HOUSE OF DELEGATES ARE BINDING UPON THE ABA THEY ARE NOT

BINDING UPON THE STATE AND LOCAL BAR ASSOCIATIONS OR THE

AFFILIATED NATIONAL LEGAL ORGANIZATIONS. WHILE THE LATTER ARE

UNDER NO OBLIGATION TO ADHERE AS A MATTER OF FACT THEY DO SO

VOLUNTARILY WITH RARE EXCEPTIONS. I AM CONVINCED THAT THE EVER

INCREASING RESPECT FOR THE VIEWPOINTS AND THE INFLUENCE OF THE ABA

IN CONGRESS IS ATTRIBUTABLE TO THE RECOGNITION AMONG LEGISLATORS

AND NATIONAL LEADERS THAT THE ABA HOUSE OF DELEGATES DOES SPEAK

FOR THE LEGAL PROFESSION AS A WHOLE.

IT IS VITALLY IMPORTANT TO THE PROGRAMS OF THE ABA THAT WE

ARE ABLE TO SAY TRUTHFULLY THAT THE VIEWPOINTS OF ALL SEGMENTS OF

THE BAR ARE REPRESENTED IN THE DELIBERATIONS OF.ITS HOUSE OF

DELEGATES. JUST AS THE UTAH STATE BAR SPEAKS FOR THE LEGAL

PROFESSIONS IN UTAH SO IS THE UTAH STATE BAR PART OF THE

MECHANISM WHICH MAKES IT POSSIBLE FOR THE ABA HOUSE OF DELEGATES

TO SPEAK AUTHENTICALLY FOR THE LEGAL PROFESSION NATIONALLY.

FOR EXAMPLE I DIRECT YOUR ATTENTION TO THE EXTENSIVE

ACTIVITY UNDER WAY FOR TIGHTENING PROFESSIONAL DISCIPLINE. THAT

EFFORT WHICH IS BEING COORDINATED BY THE ABA SPECIAL COMMITTEE

ON COORDINATION OF DISCIPLINARY ENFORCEMENT IS AN EXCELLENT

EXAMPLE OF THE TYPE OF BAR UNDERTAKING THAT CAN ONLY SUCCEED THROUGH

STATE AND LOCAL BAR INVOLVEMENT. YET IT ALSO IS AN ACTIVITY FOR

WHICH NATIONAL LEADERSHIP IS CALLED.

-7-

IN ITS LAST MEETING THE ABA HOUSE OF DELEGATES AFFIRMED

THE PRINCIPLE THAT DISCIPLINE WITHIN THE LEGAL PROFESSION IS THE

RESPONSIBILITY OF THE JUDICIAL BRANCH OF GOVERNMENT AND NOT THE

LEGISLATIVE BRANCH MARKING THE FIRST TIME AT THE NATIONAL LEVEL

THAT THE LEGAL PROFESSION HAS OFFICIALLY FORMALIZED THIS POSITION.

THAT CONCEPT IS OF COURSE NOT NEW OVER THE YEARS WE

SIMPLY HAVE TAKEN IT FOR GRANTED THAT EVERYONE RECOGNIZED

DISCIPLINE AS A RESPONSIBILITY OF THE PROFESSION AND THE COURTS.

NOW WE SEE IN SEVERAL OF THE STATES .- AND IN THE CONGRESS -

EFFORTS BEING MADE TO TAKE DISCIPLINE OUT OF THE HANDS OF THE

PROFESSION AND PUT IT INTO THE HANDS OF GOVERNMENTAL AGENCIES.

THE PROFESSION MUST BE PREPARED TO MEET THAT CHALLENGE AND THE

MOST EFFECTIVE WAY TO DO THAT IS TO DEMONSTRATE PUBLICLY THAT THE

BAR IS SERIOUS ABOUT IMPROVING ITS DISCIPLINARY PROCESSES.

THE MASSIVE PROGRAM BEING MOUNTED BY THE ABA COMMISSION ON

CORRECTIONAL FACILITIES AND SERVICES IS ANOTHER EXAMPLE OF PUBLIC

SERVICE ENTERPRISE HEAVILY DEPENDENT UPON STATE AND LOCAL BAR

ASSOCIATION PARTICIPATION.

THE THIRD PROJECT OF THE ABA WHICH I SHALL DISCUSS WITH YOU IS

THE NATIONWIDE EFFORT UNDER THE LEADERSHIP OF THE ABA SPECIAL

COMMITTEE ON YOUTH EDUCATION FOR CITIZENSHIP TO ESTABLISH IN THE

PUBLIC SCHOOLS IMPROVED PROGRAMS FOR TEACHING THE FUNDAMENTALS

OF OUR SYSTEM OF JUSTICE AND THE MEANING OF CITIZENSHIP

RESPONSIBILITY.

-8-

THE PUBLIC REACTION TO THE ANNOUNCEMENT OF THIS PROGRAM

LAST SUMMER WAS OVERWHELMING BOTH FROM THE BAR AND THE PUBLIC

AT LARGE. THERE CAN BE NO DOUBT THAT A LARGE SEGMENT OF THE

AMERICAN PEOPLE SHARE THE CONCERN WE FEEL ABOUT THE NEED FOR

GIVING MORE ATTENTION TO THIS SUBJECT IN THE ELEMENTARY AND

SECONDARY SCHOOLS OF THE NATION. OBVIOUSLY IF THE IMPACT OF

THIS EFFORT IS TO BE FELT IN THE CITIES AND'TOWNS ACROSS THE

COUNTRY IT CAN ONLY BE IF THE LOCAL AND STATE BAR ASSOCIATIONS

MAKE THE ADVANTAGES OF THE PROGRAM KNOWN TO SCHOOL AUTHORITIES

AND ADMINISTRATORS.-

MANY STATE AND LOCAL BAR ASSOCIATIONS ALREADY HAVE ACTIVITY

IN PROGRESS IN THIS FIELD. WE ARE CONFIDENT THAT WHAT THE ABA

COMMITTEE WILL BE DOING WILL BE HELPFUL TO THE ALREADY ACTIVE BAR

ASSOCIATIONS CERTAINLY IT WILL BE TO THOSE BAR ASSOCIATIONS

WHICH ARE STILL TO BECOME ACTIVE IN YOUTH EDUCATION. UNQUESTIONABLY

- THE NETWORK OF STATE AND LOCAL BAR ASSOCIATIONS WILL BE THE

GREATEST ASSET OF ALL IN THE IMPLEMENTATION OF THE TRULY NATIONAL

PROGRAM WE ENVISION.

ANOTHER SIGNIFICANT STEP TAKEN RECENTLY BY THE ABA IS THE.

CREATION OF A TASK FORCE TO MAKE AN IMMEDIATE STUDY OF THE MEANS

BY WHICH THE PROFESSION CAN BEST ABSORB AND UTILIZE THE SERVICES

OF THE MANY THOUSANDS OF NEW LAWYERS WHO WILL BE COMING INTO THE

PROFESSION IN THE NEXT FEW YEARS. THIS STUDY GROUP IS KNOWN AS

THE TASK FORCE ON PROFESSIONAL UTILIZATION. IT HAS BEEN INSTRUCTED

TO SUBMIT BY THE TIME OF THE ANNUAL MEETING IN AUGUST SPECIFIC

-9-

RECOMMENDATIONS AS TO WHAT THE PROFESSION'S RESPONSE SHOULD BE

TO THE UNPRECEDENTED INFLUX OF LAW STUDENTS AND NEW LAWYERS NOW

IN PROGRESS. SPECIFICALLY THE NINE-MEMBER TASK GROUP IS

CHARGED WITH REVIEWING THE LATEST DATA ON THE INCREASE IN THE

NUMBER OF NEW ENTRANTS INTO THE PROFESSION EVALUATING THE IMPACT

OF THIS INCREASE ON THE PUBLIC AND THE PROFESSIONS AND

RECOMMENDING APPROPRIATE RESPONSES TO THAT IMPACT.

THE ESSENTIAL FACTS BEHIND THE CREATION OF THE TASK FORCE

ARE THESE:

LAST FALL STUDENT ENROLLMENTS IN.THE 147 ABA-APPROVED LAW

SCHOOLS REACHED 94,468. THIS WAS 12,000 MORE THAN IN THE FALL OF

1970, AN INCREASE OF 15%. IT IS OF COURSE AN ALL-TIME PEAK.

WE NOW HAVE ONE LAW STUDENT FOR EVERY 3-1/2 MEMBERS OF THE

PRACTICING PROFESSION. THERE WERE TWO APPLICANTS FOR EVERY LAW

SCHOOL SEAT AVAILABLE THIS TERM. MOREOVER THE CANDIDATE VOLUME

FOR;THE 1971 LAW SCHOOL ADMISSIONS TEST WAS ABOUT FIVE TIMES GREATER

THAN IT WAS IN 1961 AND THE NUMBER APPLYING FOR THIS YEAR'S LAW

i
APTITUDE TEST IS EXPECTED TO BE ALMOST ONE-HALF AGAIN AS GREAT AS

IT WAS LAST YEAR.

THESE STATISTICS RELATE TO STUDENTS ONLY. EVEN IF NO NEW LAW

SCHOOLS ARE OPENED AND EXISTING LEVELS ARE MAINTAINED THE

PROJECTION IS THAT THE LAW SCHOOLS WILL BE GRADUATING AS MANY AS

30,000 LAWYERS A YEAR EVERY YEAR STARTING IN 1974. THE RESULT

-10-

OF SUCH A RATE OF GROWTH WOULD BE TO DOUBLE THE SIZE OF THE

PROFESSION BY 1985. THE CAPACITY OF OUR PROFESSION TO ABSORB AND

UTILIZE THESE NEW LAWYERS IS AN OBVIOUS CHALLENGE THAT CONCERNS US

ALL.

THE LAW SCHOOLS ALREADY ARE AT THEIR CAPACITY AND SOME ARE

ACCOMMODATING EVEN MORE STUDENTS THAN THEY WERE DESIGNED TO ACCEPT.

VERY HIGH ACADEMIC QUALIFICATIONS STANDARDS ALREADY ARE BEING

APPLIED. THE REAL TEST WILL BE TO FIND MEANS FOR EMPLOYING

CONSTRUCTIVELY THE THOUSANDS OF NEW ADMITTEES CERTAIN TO ENTER THE

PROFESSION. THIS GOES TO THE QUESTION OF HOW TO ENCOURAGE WIDER

UTILIZATION BY THE PUBLIC OF TRADITIONAL LEGAL SERVICES HOW TO

PREPARE LAWYERS FOR PRACTICE IN SUCH NEW FIELDS AS ENVIRONMENTAL

LAW CONSUMER LAW POVERTY LAW AND CRIMINAL LAW. NO DOUBT THERE

WILL BE AN EVEN GREATER MOVEMENT TOWARD SPECIALITIES AND THE

EMERGENCE OF NEW SPECIALITIES. UNDOUBTEDLY TOO THERE WILL BE AN

IMMENSE IMPACT ON THE CONTENT AND PATTERNS OF LEGAL EDUCATION.

IT IS POSSIBLE I SUPPOSE THAT THE EXPLOSION IN LAW STUDENT

ENROLLMENT WE ARE WITNESSING MAY PROVE TO BE A TEMPORARY PHENOMENON.

BUT AS OF THE PRESENT THERE IS NO INDICATION WHATEVER THAT THIS

WILL BE THE CASE. RATHER IT APPEARS THAT THE LEVEL OF NEW

ADMITTEES WHO UNTIL A FEW YEARS AGO HOVERED AT ABOUT THE 10,000

PER YEAR LEVEL WILL IN THE YEARS AHEAD RANGE FROM 25,000 TO

30,000. CLEARLY THE BEST BRAINS OF THE PROFESSION NEED TO BE

APPLIED TO THE SEARCH FOR REALISTIC SOLUTIONS FOR THE PROBLEM.

THE ACTIVITIES OF THE ABA IN SUCH SPHERES AS PREPAID LEGAL COSTS -

-11-

SPECIALIZATION AND EXPANDING LEGAL SERVICES TO THE POOR AND TO

THE MILLIONS OF OTHER AMERICANS WHO NOW DO NOT CONSULT LAWYERS -

ARE AMONG THOSE AVENUES WHICH WILL NEED TO BE CAREFULLY EXPLORED.

IN THE YEARS AHEAD THIS IS CERTAIN TO BE A SUBJECT VERY MUCH ON OUR

MINDS.

JUST THREE WEEKS AGO THE ABA BOARD OF GOVERNORS CREATED A

FIVE-MEMBER TASK FORCE IN RESPONSE TO A CALL OF CHIEF JUSTICE BURGER

SAT THE ANNUAL MEETING OF THE AMERICAN LAW INSTITUTE FOR A SEARCHING

INQUIRY INTO THE DESIRABILITY AND NECESSITY FOR THE CREATION OF A

NATIONAL INSTITUTE OF JUSTICE DESIGNED TO GIVE NATIONAL COHESION

AND GENERATE INCREASED PUBLIC AND PRIVATE SUPPORT FOR AN ACCELERATED

PROGRAM OF MODERNIZATION AND IMPROVEMENT OF OUR SYSTEM OF LAW AND

JUSTICE. THAT TASK FORCE IN ADDITION TO CONSIDERING THE

PROPOSAL AND THE FEASIBILITY OF A NATIONAL CONFERENCE ON THE SUBJECT

- IS TO EXPLORE THE INTEREST IN THE PROPOSAL OF OTHER ORGANIZATIONS

CONCERNED WITH THE ADMINISTRATION OF JUSTICE AND TO DETERMINE

SOURCES OF FUNDING TO SUPPORT ITS RECOMMENDATIONS. THE FINAL REPORT

OF THE TASK FORCE WILL BE MADE TO THE BOARD OF GOVERNORS IN

SAN FRANCISCO IN AUGUST.

THERE IS ONE THING OF WHICH WE MAY BE SURE -- THE OPPORTUNITIES

FOR BAR ASSOCIATIONS AT ALL LEVELS TO SERVE THEIR MEMBERS AND OUR

SOCIETY IN USEFUL WAYS ARE INCREASING IN NUMBER IN GEOMETRIC

PROPORTIONS. I BELIEVE THE MOTIVATION AMONG LAWYERS FOR PROFESSIONAL

SERVICE IS INCREASING.'LIKEWISE. IF THAT IS TRUE IT MEANS THAT BAR

ASSOCIATIONS AT ALL LEVELS WILL BE ABLE TO TAP THAT GROWING SOURCE

-12-

OF PROFESSIONAL MANPOWER IN ENTERPRISES SUCH AS THOSE IN CORRECTIONS

- YOUTH EDUCATION THE NATIONAL INSTITUTE OF JUSTICE AND THE MANY

OTHER WORTHY PROJECTS OF THE ORGANIZED BAR.

NOT ONLY DO I THANK YOU PERSONALLY FOR THIS OPPORTUNITY TO

SPEAK TO YOU BUT I WISH TO EXPRESS ON BEHALF OF THE AMERICAN BAR

ASSOCIATION OUR GENUINE THANKS FOR THE MANY WAYS IN WHICH THE UTAH

STATE BAR AND YOU INDIVIDUALLY ARE CONTRIBUTING TO A VARIETY OF

ABA PROGRAMS AND ALSO FOR YOUR HELPING TO SUSTAIN THAT

COOPERATIVE SPIRIT WHICH IS SO ESSENTIAL TO THE ACHIEVEMENT OF OUR

MUTUAL GOALS.

THANK YOU

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 55

VOLUME IV

ADDRESS OF:

BEFORE:

CHESTERFIELD SMITH

PRESIDENT-ELECT

AMERICAN BAR ASSOCIATION

1972 GRADUATING CLASS

UNIVERSITY OF FLORIDA

GAINESVILLE, FLORIDA

DATE OF DELIVERY:

.SATURDAY, JUNE 10, 1972

10:00 A.M.

CHANGE IS WITH US, AND CHANGE

IS COMING

TITLE:

TIME:

ARTHUR O'SHAUGHNESSY THE IRISH POET ONCE WROTE:

"FOR EACH AGE IS A DREAM THAT IS DYING OR

ONE THAT IS COMING TO BIRTH."

A GREAT NATION BEGINS TO DECLINE WHEN ITS CITIZENS

BEGIN TO CONCEIVE OF THEMSELVES AS PURSUERS OF PERSONAL OR

PARTISAN DREAMS RATHER THAN AS VOYAGERS IN A COMMON ADVENTURE.

AT THAT CRITICAL MOMENT -- THE NATION BECOMES LESS THAN THE

SUM OF ITS PARTS. AND THAT -- OR SO IT SEEMS TO ME -- IS
4

WHERE AMERICA IS NOW.

FOR THERE ARE THOSE IN OUR STURDY COUNTRY WHO CEASE-

LESSLY ATTEMPT TO DISCREDIT THE RULE OF LAW AS BEING BIASED AND

OPPRESSIVE. THOSE PEOPLE DELIBERATELY CHOOSE TO IGNORE
THE HISTORY AND ROLE OF LAW IN OUR NATION -- YET OUR GREATEST
DEMOCRATIC HERITAGE IS THE RULE OF LAW,
THE RIGHTS -- THE LIBERTIES --'THE ORDERED SOCIETY WE
ENJOY -- ARE ALL BUTTRESSED ON LAW, IT IS FROM LAW THAT THE
AMERICAN DREAM FLOWERED THE AMERICAN DREAM "LIFE -- LIBERTY
AND THE PURSUIT OF HAPPINESS FOR ALL CITIZENS."
AFTER ALMOST TWO HUNDRED YEARS THE TEST OF TIME HAS
MORE THAN PROVED THE MAGNIFICENCE OF OUR LAW. THIS IS NOT
TO SAY THAT OUR LAW HAS ALWAYS BEEN RIGHT -- BUT IT IS TO SAY
THAT OUR LAW CLEARLY HAS BEEN ORGANIZED TO SEEK JUSTICE.
THE STRUGGLE TO INSURE THE RIGHTS OF EACH INDIVIDUAL
BY WRITTEN DECREE PRE-DATES OUR RECORDED PAST -- BUT THE AUTHORS
OF OUR CONSTITUTION HAD THIS LEGACY FULLY IN MIiND WHEN THEY
DRAFTED THAT HISTORIC DOCUMENT,- THE GENERAL PUBLIC OF OUR
NATION AT THAT TIME ALSO RECOGNIZED THE IMPORTANCE OF CLEAR-
CUT RULES OF LAW -- SPECIFIC GUARANTEES OF LAW CONTAINED IN
THE BILL OF RIGHTS THAT RESPONDED TO THE HUB OF THEIR PAST
GRIEVANCES, TOGETHER THE CONSTITUTION AND THE BILL OF RIGHTS
GAVE BIRTH TO THE RULE OF LAW IN OUR COUNTRY -- EVEN TODAY
LAW REMAINS THE FLESH AND BLOOD OF OUR NATION,
BUT CHANGE IS WITH US -- AND CHANGE IS COMING,
OUR NATION'S HISTORY HAS BEEN A CHRONICLE OF CHANGE -- AND

-2-

UNDENIABLY MORE CHANGE WILL BE IN OUR FUTURE -- BECAUSE OUR
DYNAMIC LAW MUST RESPOND IN THE FUTURE AS IT HAS IN THE PAST.
CHANGE IS WITH US -- AND CHANGE IS COMING, BUT WITH THAT
CHANGE WE MUST INSURE THAT DISCIPLINE AND ACCOUNTABILITY HARNESS
THE UNRESTRAINED FORCES WHICH NOW SEEM BENT UPON PIPPING THE
FABRIC OF OUR CHERISHED REPUBLICAN DEMOCRACY, THAT FABRIC
DERIVES ITS STRENGTH THROUGH LAWS THAT GUIDE IN AN ORDERLY
WAY THE PROCESS OF ALTERATION AND MODIFICATION BY DEFINING
OUR DUTIES, OTHERWISE -- CHANGE WOULD SIMPLY RESULT
FROM THE WILL OF THOSE WHO COULD IMPOSE THEIR DECISIONS ON
OTHERS WITHOUT REGARD FOR THE VALIDITY OF THEIR ARGUMENT OR
THE RIGHTS OF THOSE WHO DO NOT SHARE THEIR VIEW,
WE THUS ACKNOWLEDGE THAT WHERE LIFE CHANGES -- LAW
CHANGES -- CHANGES UNDER THE MOTIVE AND MANIPULATION OF LIFE
ITSELF' FOR LAW RECORDS LIFE -- IT DOES NOT CONTAIN IT --
IT DOES NOT ORIGINATE IT. IT IS SUBSEQUENT TO FACT -- IT
TAKES ITS ORIGIN AND ENERGY FROM THE ACTUAL CIRCUMSTANCES OF
SOCIAL EXPERIENCE. LAW IS AN ATTEMPT TO FIX IN PRONOUNCED
PRACTICE WHAT HAS BEEN FOUND TO BE CONVENIENT EXPEDIENT --
ADAPTED TO THE CIRCUMSTANCES OF THE ACTUAL WORLD. LAW IS
A MOVING -- VITAL ALLIANCE -- IT GROWS OLD -- OBSOLETE --
IMPOSSIBLE -- ITEM BY ITEM. IT IS NOT NECESSARY TO SET
IT FORMALLY ASIDE, IT WILL DIE OF ITSELF -- FOR WANT OF

-3-

	Table of Contents
	Allerton house conference
	Annual meeting - Antitrust section,...
	Orange County Bar Association
	Barton Rotary Club
	The rights and responsibilities...
	1972 graduating class, Stetson...
	The challenge of the law
	Change is with us, and change is...
	The Florida Bar
	78th annual convention - Commercial...
	The relationship between the American...
	A national institute of justice...
	The public service activities of...
	The Florida experience
	Innovations in lawyer referral...
	The Florida council of 100
	Restructuring the criminal justice...
	Jacksonville Bar Association -...
	Restructuring the court system...

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