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Speeches by Chesterfield - Vol. XVII, 232-249. 1981-1983
CITATION PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/AA00006008/00001
Finding Guide: A Guide to the Chesterfield Smith Papers
 Material Information
Title: Speeches by Chesterfield - Vol. XVII, 232-249. 1981-1983
Series Title: Speeches, 1956-2003
Physical Description: Unknown
Language: English
Creator: Smith, Chesterfield H., 1917-2003
Publication Date: 1981-1983
Physical Location:
Box: 134
Folder: Speeches by Chesterfield - Vol. XVII, 232-238. 1981-1983
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: sobekcm - AA00006008_00001
System ID: AA00006008:00001

Table of Contents
    Table of Contents
        Table of Contents 1
        Table of Contents 2
        Table of Contents 3
        Table of Contents 4
    Remarks of Chesterfield Smith at presentation of Herbert Lincoln Harley award of the American Judicature Society to Janet Reno
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    Random current thoughts of a trial lawyer about the law, the courts, and professional responsibilities
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    Address of Chesterfield Smith at presidential showcase program, ABA annual meeting
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    Response of Chesterfield Smith at presentation of American Bar Association medal award
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    Remarks of Chesterfield Smith at proceedings honoring chief judge George Cressler Young on the occasion of his twentieth anniversary as United States district judge
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    Remarks of Chesterfield Smith at introduction of the chief justice of the United States
        Page 237-i
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    Remarks of Chesterfield Smith at roast of judge Oliver Green
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    Remarks of Chesterfield Smith at investiture of Elizabeth Kovachevich United States District court for the middle district of Florida
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    Remarks of Chesterfield Smith at roast for Patricia Simonet
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    Remarks of Chesterfield Smith at Easter Seal Rehabilitation center dinner honoring Leroy Collins
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    Address of Chesterfield Smith before the National Association for Law Placement’s eleventh annual conference
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    Thought for panel presentation - American Bar Association section on litigation
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    Remarks of Chesterfield Smith to Colorado lawyers committee for nuclear education
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    Remarks of Chesterfield Smith to Oklahoma County Bar Association
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    Remarks of Chesterfield Smith to Illinois State Bar Association long-range planning conference
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    Remarks of Chesterfield Smith to annual D.C. mock trial competition, Georgetown University Law Center
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    Remarks of Chesterfield Smith to Dade County Bar Association young lawyers division annual law week luncheon
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    Remarks of Chesterfield Smith to Florida academy of trial lawyers Perry Nichols award luncheon
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        csmith_vol_17thm
Full Text









VOLUME XVII


#232 REMARKS OF CHESTERFIELD SMITH AT
PRESENTATION OF HERBERT LINCOLN
HARLEY AWARD OF THE AMERICAN
JUDICATURE SOCIETY TO JANET RENO
The Florida Bar Convention
Innisbrook, Tarpon Springs, Florida
Thursday, June 25, 1981 8:00 A.M.


#233 RANDOM CURRENT THOUGHTS OF A TRIAL
LAWYER ABOUT THE LAW, THE COURTS,
AND PROFESSIONAL RESPONSIBILITIES.
Before the Dade County Corporate
Counsel Association Luncheon
Tony Roma's Restaurant
Coral Gables, Florida
Friday, July 17, 1981 12:00 noon


#234 Address of Chesterfield Smith at
PRESIDENTIAL SHOWCASE PROGRAM,
ABA ANNUAL MEETING
FINAL DRAFT OF THE PROPOSED
MODEL RULES OF PROFESSIONAL
CONDUCT RULES 1.1, 1.3, 1.4 and 1.5
New Orleans Hilton Hotel
New Orleans, Louisiana
Saturday, August 8, 1981 -
2:00 to 4:30 P.M.


#235 Response of Chesterfield Smith at
PRESENTATION OF AMERICAN BAR
ASSOCIATION MEDAL AWARD
American Bar Association Annual Meeting
New Orleans, Louisiana
Wednesday, August 12, 1981 12:00 noon













VOLUME XVII (cont.)


#236 REMARKS OF CHESTERFIELD SMITH AT
PROCEEDINGS HONORING CHIEF JUDGE
GEORGE CRESSLER YOUNG ON THE
OCCASION OF HIS TWENTIETH ANNIVERSARY
AS UNITED STATES DISTRICT JUDGE
Federal Courthouse
Jacksonville, Florida
Tuesday, September 29, 1981


#237 REMARKS OF CHESTERFIELD SMITH AT
INTRODUCTION OF THE CHIEF JUSTICE
OF THE UNITED STATES
Society of the Four Arts
Palm Beach, Florida
Tuesday, February 2, 1982


#238 REMARKS OF CHESTERFIELD SMITH AT
ROAST OF JUDGE OLIVER GREEN
Lakeland Yacht Club
Lakeland, Florida
Saturday, February 6, 1982


#239 REMARKS OF CHESTERFIELD SMITH AT
INVESTITURE OF ELIZABETH KOVACHEVICH
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
Orlando, Florida
Friday, April 2, 1982


#240 REMARKS OF CHESTERFIELD SMITH
AT ROAST FOR PATRICIA SIMONET
Coral Gables, Florida
Friday, April 16, 1982


#241 REMARKS OF CHESTERFIELD SMITH AT
EASTER SEAL REHABILITATION CENTER
DINNER HONORING LEROY COLLINS
Tallahassee, Florida
Saturday, May 1, 1982













VOLUME XVII (cont.)


#242 ADDRESS OF CHESTERFIELD SMITH
BEFORE THE NATIONAL ASSOCIATION
FOR LAW PLACEMENT'S ELEVENTH
ANNUAL CONFERENCE
The Don CeSar, St. Petersburg, Fla.
Monday, May 10, 1982


#243 THOUGHTS FOR PANEL PRESENTATION -
AMERICAN BAR ASSOCIATION SECTION
ON LITIGATION
ABA ANNUAL MEETING
SAN FRANCISCO, CALIFORNIA
August 8, 1982.


#244 REMARKS OF CHESTERFIELD SMITH TO
COLORADO LAWYERS COMMITTEE FOR
NUCLEAR EDUCATION
Denver, Colorado
Tuesday, September 7, 1982
"NUCLEAR ARMS WHAT IS THE
LAWYER'S ROLE?"


#245 REMARKS OF CHESTERFIELD SMITH TO
OKLAHOMA COUNTY BAR ASSOCIATION
Oklahoma City, Oklahoma
Tuesday, November 16, 1982
"NUCLEAR ARMS WHAT IS THE
LAWYER'S ROLE?"


#246 REMARKS OF CHESTERFIELD SMITH TO
ILLINOIS STATE BAR ASSOCIATION
LONG-RANGE PLANNING CONFERENCE
Rockford, Illinois
Thursday, March 10, 1983
Keynote Address













VOLUME XVII (cont.)


#247 REMARKS OF CHESTERFIELD SMITH TO
ANNUAL D.C. MOCK TRIAL COMPETITION
GEORGETOWN UNIVERSITY LAW CENTER
WASHINGTON, D. C.
Wednesday, April 12, 1983
PRESENTATION TO DEAN McCARTHY


#248 REMARKS OF CHESTERFIELD SMITH TO
DADE COUNTY BAR ASSOCIATION
YOUNG LAWYERS DIVISION
ANNUAL LAW WEEK LUNCHEON
Miami, Florida
Thursday, April 28, 1983
"NUCLEAR ARMS WHAT IS THE
LAWYER'S ROLE?"


#249 REMARKS OF CHESTERFIELD SMITH TO
FLORIDA ACADEMY OF TRIAL LAWYERS
PERRY NICHOLS AWARD LUNCHEON
Orlando, Florida
Friday, May 6, 1983
HONORING REUBIN ASKEW, THE
RECIPIENT OF THE PERRY NICHOLS
AWARD







SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 232


VOLUME XVII









REMARKS OF:


CHESTERFIELD SMITH
LAWYER
MIAMI, FLORIDA


OCCASION:


PLACE:







DATE:


PRESENTATION OF HERBERT LINCOLN
HARLEY AWARD OF THE AMERICAN
JUDICATURE SOCIETY TO
JANET RENO


INNISBROOK
TARPON SPRINGS, FLORIDA
THE FLORIDA BAR CONVENTION




THURSDAY, JUNE 25, 1981
8:00 9:30 A.M.








ON BEHALF OF THE AMERICAN JUDICATURE SOCIETY -


I AM PLEASED TO PRESENT THE SOCIETY'S HERBERT LINCOLN


HARLEY AWARD TO JANET RENO.


AMONG THE ILLUSTRIOUS PAST


RECIPIENTS OF THE HARLEY AWARD IN FLORIDA ARE: MARSHALL


CASSEDY, RICHARD EARLE AND GOVERNOR REUBIN ASKEW. HERBERT


HARLEY WAS ONE OF THE GREAT LEADERS OF THE COURT MODERNIZA-


TION MOVEMENT IN THIS COUNTRY A GENERATION AGO.


HIS


INFLUENCE WAS EXERTED THROUGH THE AMERICAN JUDICATURE


SOCIETY OF WHICH HE WAS FOUNDER AND SECRETARY-TREASURER


FOR MORE THAN 30 YEARS,


TODAY THE SOCIETY WITH MORE THAN


30,000 MEMBERS OPERATES THROUGHOUT THE COUNTRY BRINGING


LAWYERS JUDGES AND LEADING CITIZENS TOGETHER TO WORK FOR


IMPROVEMENTS IN THE ADMINISTRATION OF JUSTICE.


-1-








THE HERBERT HARLEY AWARD WAS ESTABLISHED BY THE


SOCIETY TO GIVE RECOGNITION TO OUTSTANDING LAWYERS JUDGES


AND CITIZEN LEADERS FOR THEIR CONTRIBUTIONS TO THIS WORK -


PRIMARILY IN THEIR OWN STATES.


JANET RENO ADDS GLORY TO


THAT DISTINGUISHED GROUP,


JANET RENO NOW SERVES WITH GREAT DISTINCTION AS


THE STATE'S ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT IN


FLORIDA,


WHILE THIS IS BY FAR THE LARGEST PROSECUTORIAL


JURISDICTION IN FLORIDA WITH FAR THE GREATEST WORK LOAD -


THAT OF COURSE WAS NOT THE REASON FOR HER SELECTION.


JANET RENO IS RECEIVING THE HERBERT HARLEY AWARD


BECAUSE OF THE OUTSTANDING CONTRIBUTION SHE UNIQUELY HAS


MADE TO THE IMPROVEMENT OF JUDICIAL ADMINISTRATION IN FLORIDA


-2-








OVER THE PAST TEN OR MORE YEARS,


AND PREJUDICED BECAUSE OF A PERSONAL FRIENDSHIP IT IS MY

BELIEF THAT JANET RENO HAS CONTRIBUTED IN SUBSTANTIAL MEASURE

TO MAKING FLORIDA'S COURT SYSTEM TODAY THE PEER OF THE BEST

JUDICIAL SYSTEMS ANYWHERE,

TO BE MORE SPECIFIC AS GENERAL COUNSEL TO THE

JUDICIARY COMMITTEE OF THE FLORIDA HOUSE OF REPRESENTATIVES

IN 1970- 1971 AND 1972 SHE WAS THE AMANUENSIS OF ARTICLE V

OF THE FLORIDA CONSTITUTION THE EXISTING CONSTITUTIONAL

ARTICLE WHICH CREATES THE BASIC FRAMEWORK FOR FLORIDA'S


JUDICIAL SYSTEM.


JANET RENO WAS AT THAT TIME A MOVING


FORCE IN THE INCORPORATION OF FLORIDA'S MULTI-TIERED TRIAL

COURT SYSTEM INTO A UNIFIED TWO-TIER TRIAL COURT SYSTEM.


WHILE ADMITTEDLY BIASED








THE PROCESS OF DOING SO SHE FOUGHT FORENSIC BATTLES ALL

OVER THE STATE OF FLORIDA BEFORE PUBLIC FORUMS AND THE MEDIA

AGAINST FIERCELY PARTISAN GROUPS REPRESENTING MUNICIPALITIES -

JUSTICES OF PEACE ELECTED CLERKS OF INFERIOR TRIAL COURTS -


AND OTHER ENTRENCHED MINOR COURT FUNCTIONARIES,


JANET RENO


ALSO FURNISHED STATEWIDE LEADERSHIP IN THE SECURING OF

JUDICIAL MERIT SELECTION AND RETENTION AT THE FLORIDA APPELLATE

COURT LEVEL; THE REVISION OF THE JUDICIAL RULE MAKING PROCESS;

AND THE APPROPRIATION OF MORE NEARLY ADEQUATE STATE COMPENSA-


TION FOR JUDGES,


WHILE OF COURSE OTHERS CONTRIBUTED -


IS MY CONSIDERED JUDGMENT THAT NO ONE PERSON WORKED HARDER OR

LONGER THAN JANET RENO TO INSURE A SUCCESSFUL CULMINATION OF


FLORIDA'S JUDICIAL REFORM EFFORT.








IN ADDITION TO THOSE EFFORTS JANET RENO ALSO


HAS BEEN A LEADER IN THE IMPROVEMENT OF JUVENILE JUSTICE IN


DADE COUNTY IN FLORIDA AND IN THE UNITED STATES.


INDEED -


SHE MADE A SUBSTANTIAL AND COMMENDABLE CONTRIBUTION TO THE

RECENTLY PROMULGATED STANDARDS OF JUVENILE JUSTICE DRAFTED BY


THE JOINT COMMITTEE OF THE INSTITUTE OF JUDICIAL ADMINISTRA-

TION AND THE AMERICAN BAR ASSOCIATION.

IF ANYONE IN FLORIDA STANDS FOR ENLIGHTENED FAIR -


EVEN-HANDED IMPARTIAL CONSTRUCTIVE AND EFFECTIVE JUDICIAL


ADMINISTRATION IN FLORIDA IT IS JANET RENO.


THERE IS NO


PERSON MORE DESERVING OF THE HERBERT HARLEY AWARD,

JANET RENO THE AMERICAN JUDICATURE SOCIETY TO


PROMOTE THE EFFECTIVE ADMINISTRATION OF JUSTICE SALUTES YOU.
(END)


-5-








SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 233


VOLUME XVII











REMARKS OF: CHESTERFIELD SMITH
LAWYER
MIAMI, FLORIDA


BEFORE: LUNCHEON
DADE COUNTY CORPORATE COUNSEL
ASSOCIATION
TONY ROMA'S RESTAURANT
CORAL-GABLES, FLORIDA


DATE: FRIDAY, JULY 17, 1981
12:00 NOON


TITLE: RANDOM CURRENT THOUGHTS OF
A TRIAL LAWYER ABOUT THE
LAW THE COURTS AND
PROFESSIONAL RESPONSIBILITIES


TWENTY MINUTES


TIME:










PUBLIC AND PRIVATE PURPOSES EVERYWHERE SHOUT TODAY IN THE


LANGUAGE OF TERRORISM ASSASSINATION HOSTAGES GENOCIDE -


INVASION KIDNAPPING ECONOMIC WARFARE CRYING OUT LOUDLY AND


CLEARLY FOR A WORLD-WIDE TERMINATION OF LAWLESSNESS,


AND DESPITE


RECENT SHIFTS IN PUBLIC ATTITUDE SOME AMERICANS CONTINUE TO


BELIEVE THAT NEW LAW CAN BE THE CURE FOR THOSE AND OTHER SOCIAL ILLS -


OF BIGGER AND BETTER SOLUTIONS THROUGH LAW TO ALL OF THE PROBLEMS


OF THE WORLD.


YET MANY RESPONSIBLE AND REASONING PEOPLE INCLUDING


HAPPILY EVEN SOME OF THOSE WHO MAKE LAW YEARN OR AT LEAST ARE


BEGINNING TO YEARN FOR SOLUTIONS NOT LEGAL IN NATURE FOR THE


CONVENIENCE AND MANAGEABILITY OF SMALLNESS IN THE LAW AN


EMBRYONIC TREND TOWARD FEWER DETAILED










LAWS AS MINIMUM STANDARDS OF PEOPLE CONDUCT WHICH I BELIEVE CAN


BE ACCELERATED.


THROUGHOUT ITS HISTORY AMERICA MORE THAN ANY NATION


HAS BELIEVED THAT THROUGH LAW JUSTICE AND GOODNESS AND FAIRNESS


CAN BE GUARANTEED TO ALL PEOPLE.


FAITH IN THE RULE OF LAW HAS


DEVELOPED TO SUCH A POINT THAT AMERICANS SINCE THE END OF THE GREAT


DEPRESSION AND WORLD WAR II HAVE PLACED LESS AND LESS RELIANCE


UPON STANDARDS OF VALUE ABOVE THE LAW A DIRECTION WHICH HAS PROVEN


IN THE LONG RUN TO BE DEVASTATING FOR SOCIETY AS WELL AS THE RULE


OF LAW.


WHAT HAS MADE SO MANY IN THIS STURDY LAND RECENTLY COME


TO REALIZE THAT THERE NEVER CAN BE A FINAL RESOLUTION OF DAY-TO-










DAY PROBLEMS IN ACTUAL LIFE THROUGH LAW ALONE AND THUS TO YEARN


FOR A DIFFERING QUALITY OF LAW?


PROPERLY TO ANALYZE THAT DESIRE -


THE IMPORTANCE OF TWO PRIME TRADITIONAL VALUES NEED TO BE RECOGNIZED


SIMULTANEOUSLY TWO VALUES WHICH MAY SEEM TO SOME INCOMPATIBLE:


FIRST FREEDOM FREEDOM FROM OVER-CONTROL BY OTHERS THE INDIVIDUAL


PRIVACY TO DO ONE'S OWN THING WHATEVER THAT IS ALONE OR IN


SMALL AUTONOMOUS UNITS AND SECOND ORDER ORDER WHICH CAN COME


ONLY FOR SOCIETY AS AN ENTITY FROM LARGE-SCALE UNITY AND COORDINATION -


THE SOCIETAL ORDERLINESS WHICH PERMITS EFFICIENCIES AND PREVENTS


ANARCHY.


THE DUALITY OF THESE TWO HUMAN VALUES MUST BE EMPHASIZED


ALWAYS WHEN EXISTING LAW IS CHANGED IN AN EFFORT TO RE-ORDER PUBLIC


-3-










YET THOSE WHO MAKE LAW FIND IT MOST


DIFFICULT TO KEEP IN MIND THE DISPARATE PURPOSES OF PRIVACY AND


ORDERLINESS,


THE QUESTION BETWEEN TOO MUCH AND TOO LITTLE IN


LAW MIGHT BE PUT ANOTHER WAY:


WHAT SHOULD BE SOUGHT IN SUCH


MATTERS IS TO DISCRIMINATE TO GET THINGS SORTED OUT,


EVERY LAW THERE IS A CERTAIN APPROPRIATE SCALE,


PRIVACY BEGETS


LITTLE LAW AND SMALL LEGAL SOLUTIONS AND ORDER BEGETS BIG LAW


AND MASSIVE LEGAL SOLUTIONS,


YET THOSE TWO COMPETING VALUES


IN REALITY ARE NOT INCOMPATIBLE AND ANY RE-ORDERED LEGAL PRIORITIES


MUST RECONCILE THEM,


AMERICANS NOW ROUTINELY ASK THE LAW TO DETERMINE RIGHT


FROM WRONG THE ETHICAL FROM THE UNETHICAL AND THE MORAL FROM


-4-


FOR


AND PRIVATE PURPOSES.










THE IMMORAL AN ACTIVITY WHICH SEEMS TO ME TO BE PERSONALLY SELF-


DEBILITATING BECAUSE IT INNATELY ABSOLVES INDIVIDUALS FROM ALL


CONDUCT BEYOND THAT REQUIRED BY LAW,


THE AMERICAN DESIRE FOR


ORDERLINESS HAS DRIVEN OUR NATION TO MORE AND BIGGER LAWS,


FREEDOM OF ENTERPRISE THE RIGHT TO ENGAGE IN ECONOMIC ACTIVITIES


IN DIFFERING WAYS ACCORDING TO PERSONAL CHOICE HAS ACCORDINGLY


SUFFERED,


PURPOSEFUL GOALS OF PERSONAL ATTITUDE AND RECTITUDE


BEYOND THE MINIMUM SET BY LAW RECEIVE LITTLE CURRENT POPULAR SUPPORT,


TO PERMIT PRE-EMPTIVE LAW ALONE THUS TO CONTROL THE ENTIRE STANDARDS


OF HUMAN BEINGS CAN ONLY RESULT IN A TOTAL ATROPHY OF SOCIETAL


RESPONSIBILITY AND PERHAPS IT ALMOST HAS.


AS CURRENT WORLD EVENTS


SHOW A LEGALISTIC SOCIETY WHICH IGNORES ALL VALUES OTHER THAN LAW IS


-5-










A SOCIETY IN WHICH ULTIMATELY BOTH ORDER AND PRIVACY WILL WITHER


AWAY AND DISAPPEAR.


INDEED HISTORY HAS REPEATEDLY DEMONSTRATED


THAT NO STATE CAN LONG SURVIVE IF ITS PEOPLE ASSUME THAT CONDUCT


NOT FORBIDDEN BY LAW IS ACCEPTABLE CONDUCT.


MINIMUM STANDARDS BUT NOT THE LOFTIER GOALS.


LAW SHOULD SET


IT CAN BE THE


BOTTOM BUT IT MUST NOT BE THE CEILING,


DURING MY OWN LIFETIME THIS EVER-ENHANCING RELIANCE


ON THE LAW HAS LED TO A SHIFT IN THE RESPONSIBILITY FOR DEVELOPING


THE MORES OF THIS NATION'S SOCIAL STRUCTURE,


TO ACCEPT THE


LAW AS A FLOOR FORGIVES INDIVIDUALS FOR ALL BEHAVIOR WHICH IS


NOT PROHIBITED BY LAW AND AS A NECESSARY COROLLARY PERMITS THEM


TO USE THOSE MINIMUM LEGAL STANDARDS TO ADVANCE THEIR OWN PURPOSES.









WHAT ARE THE CHOICES FOR MITIGATING THIS TREND?


IN ITS PRESENT OVERWHELMING DIMENSIONS TO BE CURTAILED?


SHALL WE


SIMPLY DECIDE THAT HENCEFORTH ONLY MORALISTIC STANDARDS WILL BE


UTILIZED TO ACHIEVE THE BETTER LIFE?


ARE COMPLETE SOLUTIONS, AS I SEE


OF COURSE NEITHER OF THOSE


IT THE MOST EFFECTIVE RESPONSE


IS FOR INDIVIDUAL AMERICANS TO TAKE STEPS TO ASSURE AND DEMONSTRATE


THAT THEY THEMSELVES ARE CAPABLE OF INDIVIDUAL SELF-DISCIPLINE WHICH


IS CONSISTENT WITH BOTH THE REALITIES OF THE DESIRED PRIVACY AND


THE ESSENTIAL ORDER WHICH MUST BE PROVIDED UNDER LAW FOR THE GREATER


PUBLIC INTEREST.


IT IS UNREALISTIC TO IGNORE THE FACT THAT TO


DATE INDIVIDUAL PERFORMANCE UNDER EXISTING LAW CAN BE IMPROVED AND


I DO NOT IGNORE IT,


NOT ALL AMERICANS CURRENTLY ARE DISCHARGING


PROPERLY THEIR ACKNOWLEDGED RESPONSIBILITIES AND ADDITIONAL EFFORTS


TO OBTAIN INDIVIDUAL


-7-


IS LAW










ADHERENCE TO THE RULE OF LAW CLEARLY IS WARRANTED.


ENHANCED LEGALISTIC APPROACH EVEN IF ACCEPTED DOES NOT ASSURE


THE PERMANENT SOLUTION WHICH CAN BE OBTAINED ONLY IF PEOPLE RESPOND


SUBSTANTIVELY.


OF COURSE THERE ARE LARGER RISKS IN A LEGALISTIC APPROACH


THAN THE INCONVENIENT AND VEXING IMPOSITION OF FURTHER GOVERNMENTAL


RESTRICTIONS ON DAY-TO-DAY LIVING.


THE LAW CANNOT AND SHOULD


NOT PROVIDE A RESPONSE TO ALL SOCIAL OR ECONOMIC PROBLEMS.


LAWYERS KNOW THAT THE LAW MORE OFTEN LAGS THAN LEADS.


IMPLEMENTED


THROUGH THE POLITICAL SYSTEM THE PROPER ROLE OF LAW IS TO ARTICULATE


PRE-ESTABLISHED NORMS OF A SOCIETY.


THE ABSENCE OF AN OBJECTIVE


MORAL ORDER INEVITABLY WILL LEAD TO A LEGALISTIC SYSTEM IN WHICH


-8-


BUT AN










EACH PERSON ALWAYS SEEKS TO USE THAT SYSTEM IN A WAY TO SECURE


THE MOST PERSONAL ADVANTAGE,


IF THE PRESENT LEGAL STRUCTURE DOES NOT PROVIDE THE


PHILOSOPHY NEEDED WHERE CAN IT BE FOUND?


BEYOND THE LAW.


THE ANSWER LIES


A SENSE OF RESPONSIBILITY OF VALUES TRANSCENDING


THOSE ARTICULATED BY THE LAW SHOULD BE APPLIED TO DECISION MAKING,


LAWYERS SHOULD CONTINUALLY REMIND THEIR CLIENTS OF THE ESSENTIAL


ROLE OF ETHICS AND MORALITY,


LAWYERS SHOULD ASPIRE FOR HIGHER


STANDARDS THAN THE MINIMUM FROM THOSE THEY COUNSEL.


THE TRUE


RULE OF LAW INVISIONS INTERNAL CHECKS AS A NECESSARY COMPLEMENT


TO EXTERNAL RESTRICTIONS,


ONLY THE COMBINATION OF AN INTERNALIZED


VALUE SYSTEM AND EXTERNAL CONSTRAINTS CAN ASSURE THAT INDIVIDUALS


-9-










AND THEIR CREATED INSTITUTIONS ACT RESPONSIBLY,


WHY HAS AMERICA AT THIS STAGE SEEMINGLY SHIFTED EMPHASIS


FROM THAT WHICH IS RIGHT TO THAT WHICH IS LEGAL?


HAS THE DEVELOP-


MENT OF A STRONG LEGAL PROFESSION IN THIS COUNTRY UNPARALLELED


THROUGHOUT RECORDED HISTORY IN NUMBERS INDEPENDENCE INFLUENCE -


AFFLUENCE AND COMPETENCE CONTRIBUTED TO THIS DEPLORABLE TREND.


FOR MANY LAWYERS IT DOES APPEAR THAT BEING RIGHT FROM A LEGAL


POINT OF VIEW MEANS THAT NOTHING MORE IS REQUIRED,


I SURMISE


THAT FEW LAWYERS TELL THEIR CORPORATE CLIENTS THAT MEETING MINIMUM


LEGAL REQUIREMENTS MIGHT STILL NOT MAKE ONE ENTIRELY RIGHT AND


THEN URGE SELF-RESTRAINT OR COUNSEL REPUDIATION BY THE CORPORATE


CLIENT TO THE RIGHT SO TO ACT,


INDIVIDUAL LEGAL VICTORIES


-10-










VINDICATING THAT WHICH MEETS MINIMUM LEGAL DEMANDS BUT NOT NECESSARILY


THAT WHICH IS RIGHT IN THE CONTEXT OF THE LARGER SOCIETY WHETHER


WON IN THE COURTROOM OR IN THE LEGISLATURE CAN SOMETIMES BE AS


DISASTROUS TO A LAWYER'S CLIENTS AS WINNING A BATTLE BUT LOSING


THE WAR IS TO A DICTATOR,


WHEN THE AMERICAN CONSTITUTION WAS WRITTEN IT ASSUMED


STANDARDS OF BEHAVIOR BASED UPON HISTORICALLY ACCEPTED TENENTS.


THE FOUNDERS BELIEVED THAT A CONSTITUTIONAL GOVERNMENT COULD


SUCCEED WHICH WAS PREDICATED UPON HISTORICAL EXPERIENCE AND THE


INSIGHTS OF GREAT PHILOSOPHERS LEADING TO AN EXPERIMENT UNIQUE


IN THE ANNALS OF GOVERNMENT WHICH PUT INSTITUTIONS IN A HEALTHY


CONFRONTATION A CHECK AND BALANCE DIVISION OF THE THERETOFORE


-11-










ABSOLUTE POWER OF THE SOVEREIGN,


WOULD BE GENERAL RESPECT ALTHOUGH NOT ALWAYS AGREEMENT BY THE


PEOPLE FOR THE PURPOSES OF EACH GOVERNMENTAL AND SOCIETAL INSTITUTION,


IT HAS NOT ALWAYS WORKED OUT THAT WAY -- AND THE EVER-INCREASING


PUBLIC TENDENCY IS TO MISTRUST TO DISPUTE AND TO DISRUPT,


AFTER A LONG ERA OF PUBLIC FUSSING AND FEUDING AND ACRIMONY -


AMERICA IS IN NEED OF A REAFFIRMATION OF AN OLD-FASHIONED UNDERSTANDING


WHEREBY ALL ELEMENTS OF GOVERNMENT FEDERAL STATE AND THE SEVERAL


DIVISIONS THEREOF MUST EACH TREAT THE OTHERS WITH COURTESY AND


RESPECT AT LEAST MORE THAN NOW.


THE ESSENCE OF ANY SUCH UNDER-


STANDING HAS TO BE A MEASURE OF VOLUNTARY RESTRAINT AN UNSPOKEN


UNDERSTANDING THAT NONE OF THEM WILL APPLY THEIR FULL POWERS AGAINST


-12-


THE FOUNDERS ASSUMED THAT THERE










ANOTHER,


ONE INSTITUTION MUST NOT DOMINATE.


A SITUATION WHERE


ONE ATTEMPTS TO DOMINATE DOES MORE THAN ENCOURAGE UNSEEMLY CONFLICT -


IT DEMANDS IT.


AFTER ALMOST TWO HUNDRED YEARS OF NATIONAL


EXPERIENCE EACH GOVERNMENTAL INSTITUTION SHOULD NOW UNDERSTAND


THE INDUBITABLE CONTRIBUTION OF THE OTHERS TO ORDERLINESS AND


PRIVACY AND EACH SHOULD WORK TO INSURE THAT CONTRIBUTION BY


THOSE OTHERS.


NO INSTITUTION THE EXECUTIVE DEPARTMENT THE


JUDICIAL SYSTEM OR THE LEGISLATIVE BRANCH THE NATIONAL GOVERNMENT


OR THE SEVERAL STATES OR OF COURSE ANY OTHER GOVERNMENTAL OR


NON-GOVERNMENTAL AGENCY IS QUALIFIED TO SERVE AS THE PRIME KEEPER


OF THE CONSCIENCE OF ALL HUMANKIND.


UNDERSTANDING OF THE ROLE


-13-










OF OTHERS IS THE ONLY PRODUCTIVE ROUTE TO THE HARMONIZATION OF


THE FREEDOM AND THE ORDER WHICH I:SEE AS THE KEY TO AN EFFECTIVE


DEMOCRATIC RELATIONSHIP.


NOW LET ME GO TO MY OTHER POINT PERHAPS UNRELATED -


BUT IT IS A CURRENT PERCEPTION OF MINE.


IT IS INCREASINGLY


CLEAR THAT BOTH THE EXECUTIVE AND LEGISLATIVE BRANCHES OF GOVERNMENT


HAVE BECOME INCAPABLE OF RESOLVING MANY OF THE TOUGHER QUESTIONS


OF PUBLIC POLICY.


WHEN A POLICY DECISION IS NOT DIRECTED BY


A CITIZENS CONSENSUS IT APPEARS THAT ALL SEGMENTS OF GOVERNMENT


EXCEPT THE COURTS DEFAULT AND RESPONSIBLE JUDGES HAVE HAD NO


CHOICE BUT TO ACT,


THE COURTS ARE BEING ASKED TODAY BY BOTH


INDIVIDUAL AND CORPORATE LITIGANTS TO SOLVE PROBLEMS FOR WHICH THEY










ARE NOT INSTITUTIONALLY EQUIPPED OR AT LEAST NOT AS WELL EQUIPPED


AS OTHER AREAS. OF GOVERNMENT.


JUSTICE NEED NOT NECESSARILY EMANATE FROM THE COURTS,


INDEED LAWYERS AND JUDGES THEMSELVES HAVE AN OBLIGATION WHENEVER


FEASIBLE TO SECURE CONFLICT RESOLUTION IN OTHER FORUMS,


AS FAR


AS POSSIBLE JUDICIAL FORUMS SHOULD BE RESERVED FOR DOING ONLY


THAT WHICH CANNOT BE BEST DONE ELSEWHERE,


THE PUBLIC TODAY


PERCEIVES THE COURTS AS JACKS-OF-ALL-TRADES AVAILABLE TO FURNISH


THE ANSWER TO WHATEVER MAY TROUBLE THEM:


OR PEACE MADE?


SHALL A WAR BE PROSECUTED


WHAT IS LIFE OR WHEN DOES DEATH BEGIN?


AN EXERCISE OF THE ENVIRONMENTAL POLICE POWER REALLY ONLY A TAKING


OF PRIVATE PROPERTY BY GOVERNMENT WITHOUT COMPENSATION TO THE DENIED


-15-










SHALL RACIAL INTEGRATION BE ACHIEVED BY CUMBERSOME BUSING


OF CHILDREN TO FAR-AWAY SCHOOLS?


OF THE NATIONAL CHARACTER? HOI


BE OPERATED?


IS BI-LINGUALISM DESTRUCTIVE


W SHALL PRISONS AND MENTAL INSTITUTIONS


SHALL NUCLEAR POWER PLANTS BE BUILT AND IF SO -


WHERE? SHALL THE CONCORDE FLY TO THESE SHORES?


IS AFFIRMATIVE


ACTION REALLY INVERSE DISCRIMINATION? ALL THESE QUESTIONS ARE


NOW CONTINUOUS GRIST OF THE JUDICIAL MILLS, SHOULD THEY BE?


IT SEEMS UNFORTUNATE TO ME THAT AMERICA HAS BECOME SUCH A LITIGIOUS


SOCIETY THAT SUITS ROUTINELY ARE BROUGHT TO RESOLVE THOSE KIND


OF ISSUES ISSUES WHICH PREVIOUSLY WOULD HAVE BEEN SETTLED PRIVATELY -


OR AT LEAST IN FORUMS OTHER THAN THE COURTS,


A RE-SHAPING OF THE


JUDICIAL SYSTEM TO MAKE IT FUNCTION AS IT WAS DESIGNED IS TIMELY,


-16-


OWNER?










A LAWSUIT PROBABLY IS QUICKER AND CHEAPER THAN LOBBYING


OR A REFERENDUM AND MORE AUTHORITATIVE THAN A PUBLIC OPINION


POLL.


BUT WHAT DOES THE RENDERING OF A HIGHLY CONTROVERSIAL


LEGAL DECISION ACCOMPLISH?


AND NOTHING MORE. IT DOE


IT IS SIMPLY A JUDICIAL PRONOUNCEMENT -


ES NOT SETTLE THE DIVISIVE MORAL ETHICAL -


AND POLITICAL QUESTIONS THAT LIE THEREUNDER.


IT SIMPLY IS NOT


AN EXPRESSION OF THE POPULAR WILL NOR THE PUBLIC WEAL BUT ONLY


THE JUDGMENT OF ONE OR A FEW HUMAN BEINGS TRANSITORILY PRESIDING


OVER A COURT.


THIS SHIFT BY BOTH INDIVIDUALS AND CORPORATIONS OF THEIR


HARDEST PROBLEMS TO THE AUTHORITY OF THE COURTS WILL IN TIME


JEOPARDIZE AND PERHAPS ULTIMATELY DESTROY THE CHECKS AND


-17-










BALANCES SO CAREFULLY INCORPORATED IN OUR FEDERAL SYSTEM OF GOVERN-


MENT BY THE CONSTITUTION,


IF THAT IS SO AS IT SEEMS TO ME -


THEN THE PRINCIPAL TASK FACING THOSE WHO CHERISH JUSTICE AND THE


RULE OF LAW IS THE RESTORATION SOON OF A PROPER BALANCE BETWEEN


THE COURTS AND THE OTHER BRANCHES OF GOVERNMENT.


THIS COUNTRY FACES A GREAT ENERGY PROBLEM A QUESTION


RELATING TO THE DECAY OF ITS CITIES,


ENORMOUS DEMOGRAPHIC


CHANGES ARE GENERATING A SERIES OF ISSUES WHICH HAVE PROVED ESPECIALLY


INTRACTABLE.


THE RISING CRIME RATE CONTINUES TO HAVE ALL THE


EARMARKS OF A REVOLUTIONARY CHANGE IN THE PATTERNS OF SOCIAL


BEHAVIOR.


THE WHOLE EDUCATIONAL ESTABLISHMENT IS SHAKING WITH


TREMORS OF DISSATISFACTION AND CHANGE.


A SEXUAL REVOLUTION QUITE


-18-










AN ENORMOUS TURNAROUND IN PUBLIC


ATTITUDE TO THE ENVIRONMENT IS EVIDENCED EVERYWHERE.


IS THERE


ANYTHING IN THE JUDICIAL MACHINERY WHICH MAKES IT A PECULIARLY


SUITABLE INSTRUMENT FOR THE RESOLUTION OF SUCH VEXING PROBLEMS?


INDEED NOT!


IT IS ONE THING FOR JUDGES TO DECIDE BI-PARTY


CONTROVERSIES AND IN SO DOING PRONOUNCE PRINCIPLES WHICH


INCIDENTALLY MAY HAVE AN EFFECT ON THE SOLUTION OF THE UNDERLYING


PROBLEM SOMETIMES FAVORABLE AND SOMETIMES UNFAVORABLE.


IT IS


QUITE ANOTHER FOR THE COURTS TO BE BURDENED WITH THE RESPONSIBILITY


FOR THE TOTAL SOLUTION OF THOSE PROBLEMS.


THE COURTS PROPERLY


SHOULD BE ONLY THE CONFLICT-RESOLVERS AND NOT THE PROBLEM


SOLVERS OF AMERICAN SOCIETY.


-19-


PROPERLY IS NOW UNDERWAY,










YET THE AMERICAN PEOPLE LONG AGO FORCED JUDGES TO TAKE


ON THE HUGE BURDEN OF PROBLEM-SOLVING SIMPLY BECAUSE THEY RECOGNIZED


THE DEFAULT OF MORE APPROPRIATE GOVERNMENTAL POLICYMAKERS,


MADE JUDGES ACT BECAUSE THEY HAD NO OTHER PLACE TO TURN.


THEY


IT SEEMS


TO ME THAT THOSE OTHER POLICYMAKERS SHOULD HENCEFORTH BE REQUIRED TO


DO THE HARD JOBS THAT SHOULD HAVE BEEN DONE ALL ALONG AND THAT


LAWYERS AND OTHERS WHO HONOR THE RULE OF LAW AND THE ADMINISTRATION


OF JUSTICE SHOULD DEFEND THE JUDGES FROM AN ACCELERATING BUT MOST


OFTEN UNWARRANTED PUBLIC CLAMOR AGAINST JUDICIAL ACTIVISM.


THOSE WHO VALUE BOTH MAJORITY RULE AND MINORITY RIGHTS -


THOSE WHO VALUE BOTH INDIVIDUAL PRIVACY AND SOCIETAL ORDER LONG


HAVE REALIZED THAT A PRINCIPLED AND STRONG JUDICIARY IS A PRIME


-20-










BULWARK OF THE AMERICAN WAY OF LIFE,


PRECIOUS VALUES FOR LATER YEARS PERHAPS IT IS PROPER NOW TO ASK


THE JUDGES THEMSELVES TO ACKNOWLEDGE PUBLIC DISSATISFACTION TO


EXERCISE THE GREATEST POSSIBLE SELF-RESTRAINT COMPATIBLE WITH LAW


AND JUSTICE FOR THE LONG-RANGE PUBLIC GOOD OF THE COURTS AS AN


INSTITUTION,


EVEN THE STRIDENT FEW WOULD NOT ASK THE JUDGES TO


UNDO THAT WHICH HAS BEEN DONE TO INTEGRATE BASIC INDIVIDUAL RIGHTS


INTO THE FABRIC OF AMERICAN LIFE BUT IF THE JUDGES HENCEFORTH DO


LESS PERHAPS THE PEOPLE WILL DEMAND MORE FROM OTHERS WHO UP-TO-NOW


HAVE FORCED THE COURTS TO DO WHAT THEY SHOULD HAVE DONE BUT DID NOT,


AS AN OFFICER OF THE COURTS AS A TRIAL LAWYER I URGE


THAT THOSE WHO HAVE UNTHINKINGLY BLAMED JUDGES FOR CORRECTING


-21-


YET TO SAFEGUARD THOSE










OPPRESSION FOR RIGHTING WRONGS DONE TO THE NEGLECTED OR THE IGNORED -


FOR DOING WHAT HAD TO BE DONE IF JUSTICE WAS TO BE MORE THAN A


WORD SHOULD PLACE THE MAJOR RESPONSIBILITY IN THE FUTURE FOR THE


RESOLUTION OF DIFFICULT PROBLEMS UPON THOSE POLICYMAKERS WHO HAVE


THE PRIME RESPONSIBILITY BUT WHO HAVE FAILED TO ACT AND WHO BY


THEIR DEFAULT HAVE FORCED JUDGES TO ACT,


THE RULE OF LAW IS


THE NOBLEST ASPIRATION OF HUMANKIND AND IT DESERVES ALWAYS THE


NURTURE AND SUPPORT OF NOBLE PEOPLE.








(THE END)


-22-








SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 234


VOLUME XVII












ADDRESS OF:


BEFORE:


CHESTERFIELD SMITH
LAWYER
MIAMI, FLORIDA


PRESIDENTIAL SHOWCASE PROGRAM
AT THE AMERICAN BAR ASSOCIATION
ANNUAL MEETING -
NEW ORLEANS HILTON HOTEL
NEW ORLEANS, LOUISIANA


SATURDAY, AUGUST 8, 1981
2:00 TO 4:30 P.M.


FINAL DRAFT OF THE PROPOSED
MODEL RULES OF PROFESSIONAL
CONDUCT RULES 1.1, 1.3,
1.4 AND 1.5


DATE:


SUBJECT:


TWENTY MINUTES


TIME:










THE LAW BY WHICH OUR CIVILIZATION GOVERNS ITSELF QUITE


PROPERLY IS CONSTANTLY CHANGING.


LAW IF IT IS.TO STAND BETWEEN


A HAPPY POPULACE AND THE ANARCHY .WHICH MUST COME WITHOUT THAT


INTELLIGENT SELF-RESTRAINT MUST CHANGE AS SOCIETY CHANGES,


IT IS BOTH NECESSARY AND PROPER THAT SOCIETY CONSTANTLY DEVELOP


AND MODIFY THE RULES OF MEDIATING THE INEVITABLE DISPUTES WHICH


ARISE IN THE COURSE OF HUMAN INTERACTION A DEVELOPMENT AND


MODIFICATION BASED ON NEW INSIGHT AND NEW UNDERSTANDING.


OLD LAW IS REPLACED BY NEW LAW OLD PRECEDENT GIVES


WAY TO NEW PRECEDENT SLOWLY THE LAW IS SHAPED AND DEVELOPED,


THAT IS THE WAY IT HAS BEEN AND QUITE PROPERLY THAT IS THE


THE RULES BY WHICH THE LEGAL PROFESSION


WAY IT WILL BE.











POLICES ITS OWN CONDUCT TOO MUST CHANGE TO EMBODY NEW INSIGHT AND


NEW UNDERSTANDING.


THOSE PRINCIPLES LEAD ME TO SUPPORT MODIFICATION


OF THE CURRENT AMERICAN BAR ASSOCIATION CODE OF PROFESSIONAL


RESPONSIBILITY AND ENTHUSIASTICALLY TO ENDORSE OVERALL THE FINAL


DRAFT OF THE PROPOSED MODEL RULES OF PROFESSIONAL CONDUCT.


WHILE EVERYTHING CONTAINED THEREIN IS NOT EXACTLY AS I PERSONALLY


WOULD HAVE IT THE PRESENT CODE OF PROFESSIONAL RESPONSIBILITY


IS EVEN FURTHER AWAY FROM THAT PERSONAL STANDARD.


THE PROPOSED


FINAL DRAFT OF THE MODEL RULES IS A GOOD ONE AN EXCELLENT ONE -


WHICH DESERVES THE FULL SUPPORT OF LAWYERS EVERYWHERE,


IF ONE


IS TO CHOOSE BETWEEN THE FINAL DRAFT OF THE PROPOSED MODEL RULES


AND THE CURRENT CODE OF PROFESSIONAL RESPONSIBILITY THE CHOICE


-2-










THE PROPOSED MODEL RULES REFLECT THE.VERY


SUBSTANTIAL DEVELOPMENTS THAT HAVE OCCURRED AND THE MASSIVE


PROBLEMS WHICH HAVE BEEN ADDRESSED.- IN THE FIELD OF PROFESSIONAL


REGULATION.- IN. THE YEARS SINCE THE CURRENT CODE OF PROFESSIONAL


RESPONSIBILITY WAS FIRST PROMULGATED.


I LIKE THE NEW I DO


NOT LIKE THE OLD.


MY ASSIGNMENT IS TO TELL YOU ABOUT FOUR AREAS OF PROFESSIONAL


CONDUCT ADDRESSED BY THE PROPOSED MODEL RULES.


STUDIES SHOW


THAT THOSE PARTICULAR FOUR AREAS ACCOUNT FOR ABOUT 50% OF BOTH


THE CURRENT DISCIPLINARY COMPLAINTS AND LEGAL MALPRACTICE ACTIONS.


THE AREA OF COMPETENCE IS PERHAPS OF SPECIAL CONCERN,


AS RULE NUMBER 1.1 IT OCCUPIES AS IT SHOULD AN IMPORTANT


-3-


IS EASY .INDEED,










PLACE IN THE PROPOSED MODEL RULES.


RULE.- AND NUMBERED AS RULES 1,3, 1.4 AND 1.5 RESPECTIVELY ARE


DILIGENCE.- COMMUNICATION AND FEES SUBJECTS WHICH I SHALL


ALSO DISCUSS,


TOGETHER THOSE FOUR AREAS OF THE CLIENT-LAWYER


RELATIONSHIP OUTLINE MINIMUM STANDARDS FOR THE DELIVERY OF LEGAL


SERVICES.


THOSE FOUR HIGH PROFILE AREAS ARE THE ONES IN WHICH


LAWYER CONDUCT IS MOST FREQUENTLY JUDGED BY THE PEOPLE.


PROPOSED MODEL RULE 1,1 PROVIDES THAT:


"A LAWYER SHALL PROVIDE COMPETENT


REPRESENTATION TO A CLIENT,


COMPETENCE CONSISTS OF THE LEGAL


KNOWLEDGE SKILL THOROUGHNESS -


PREPARATION AND EFFICIENCY REASONABLY


-4-


INEVITABLY .RELATED. TO THAT











NECESSARY FOR THE REPRESENTATION."


THE WORD "SHALL MUST BE EMPHASIZED,


"SHALL" WILL


PLACE ON LAWYERS AN AFFIRMATIVE OBLIGATION OF COMPETENCE,


BEFORE


THE CURRENT CODE OF PROFESSIONAL RESPONSIBILITY THERE WAS NO EXPRESS


PROVISION GOVERNING LAWYER COMPETENCE,


UNDER THAT CODE -


COMPETENCE FOR THE FIRST TIME IS IMPOSED AS A DUTY BUT THERE IS


NO EXPRESS DEFINITION OF "COMPETENCE",


INDEED EVEN NOW PROFESSIONAL DISCIPLINE HAS GENERALLY


BEEN RESTRICTED TO INSTANCES OF EGREGIOUS MISCONDUCT.


TO ME -


THE TIME HAS NOW COME NOT ONLY FOR A RECOGNITION THAT EVERY LAWYER


IS ETHICALLY OBLIGATED TO BE COMPETENT AS AN INDIVIDUAL PROFESSIONAL -


BUT ALSO THAT ALL OTHER LAWYERS MUST CONTINUOUSLY MAINTAIN MINIMUM


-5-










STANDARDS OF PROFESSIONAL FITNESS AND PROFICIENCY.


MODEL RULE 1.1.- DRAWING UPON THE STANDARDS WHICH HAVE DEVELOPED


THROUGH LITIGATION OF CLIENT LAWYER DISPUTES SETS FORTH CLEAR -


OBJECTIVE GUIDELINES WHICH SHOULD HENCEFORTH BE FOLLOWED BY ALL


LAWYERS IN STRIVING TOWARD COMPETENCE,


OBJECTIVE FACTORS ARE


PROVIDED IN THE ACCOMPANYING COMMENT FOR DETERMINING WHETHER A


LAWYER HAS THE REQUISITE KNOWLEDGE AND SKILL TO HANDLE A PARTICULAR


MATTER; THESE TRADITIONAL AND GENERALLY ACCEPTED FACTORS INCLUDE -


THE RELATIVE COMPLEXITY OF THE MATTER ITS SPECIALIZED NATURE -


THE LAWYER'S GENERAL EXPERIENCE -. THE. TRAINING AND EXPERIENCE OF


THE LAWYER IN THE FIELD IN QUESTION THE SPECIAL PREPARATION


AND STUDY THE LAWYER IS ABLE-TO GIVE THE MATTER AND WHETHER


-6-


THE PROPOSED










IT IS FEASIBLE TO TRANSFER THE MATTER. TO. -OR ASSOCIATE WITH. -


OR CONSULT WITH A SPECIALIST,


IN THOSE FACTORS. -THERE IS A


RECOGNITION THAT EVEN THE BEST OF LAWYERS CAN BE TRULY PROFICIENT


IN ONLY A FEW AREAS OF. THE LAW MINIMALLY COMPETENT IN MULTIPLE


AREAS AND MOST LIKELY INCOMPETENT OR AT LEAST INEFFICIENT -


IN THE REST.


THE COMMENT ALSO RECOGNIZES THAT TO MAINTAIN THAT REQUISITE


COMPETENCE A LAWYER SHOULD ENGAGE IN CONTINUING LEGAL EDUCATION


PROGRAMS,


THE IDEA OF ONCE A LAWYER ALWAYS A LAWYER WILL NO


LONGER BE ACCEPTABLE,


IF LAWYERS ARE TO MAINTAIN THE STANDARDS


THE LEGAL PROFESSION WILL NOW DEMAND EACH PRACTITIONER MUST


CONSTANTLY STRIVE TO BE CURRENT.


SOCIETY HAS LONG KNOWN THAT


-7-










THE NEED FOR KEEPING UP WITH CHANGE IS AN INELUCTABLE TRUTH WHICH


MUST BE FACED BY ALL PROFESSIONALS,


THE ORGANIZED BAR NOW TOO


CAN RECOGNIZE THAT VERITY.


PROPOSED MODEL RULE 1.3 PROVIDES:


"A LAWYER SHALL ACT WITH REASONABLE


PROMPTNESS AND DILIGENCE IN REPRESENTING


A CLIENT,"


EVEN PRIOR TO THE CURRENT CODE OF PROFESSIONAL RESPONSIBILITY -


IT WAS GENERALLY RECOGNIZED THAT NO EXCUSE EXISTED FOR UNNECESSARY


DELAY IN PROVIDING LEGAL SERVICES TO A CLIENT.- BUT EVEN SO -


THE CURRENT CODE OF PROFESSIONAL RESPONSIBILITY HAS ACTUALLY BEEN


INTERPRETED TO REQUIRE ALMOST TOTAL INDIFFERENCE AND CONSISTENT










FAILURE TO ATTEND TO A CLIENT'S MATTER BEFORE CAUSE FOR DISCIPLINARY


ACTION IS DEEMED TO ARISE. IN


1.3 IMPOSES AN AFFIRMATIVE DUTY.


CONTRAST PROPOSED MODEL RULE


SIMPLY STATED THE NEW


PROVISION WILL MEAN THAT DESPITE PROFESSIONAL OR PERSONAL DEMANDS -


DESPITE OBSTRUCTION FROM OTHER EXTRINSIC FORCES OR DESPITE


PERSONAL INCONVENIENCE A LAWYER MUST TAKE WHATEVER STEPS ARE


NECESSARY PROMPTLY AND DILIGENTLY TO VINDICATE A CLIENT'S ENDEAVOR,


OF COURSE NOTHING LESS SHOULD BE EXPECTED OF AN ETHICAL LAWYER; -


NOT ONLY DOES DELAY OFTEN LEAD TO DESTRUCTION OF A CLIENT'S LEGAL


POSITION UNREASONABLE DELAY MANIFESTLY CAUSES A CLIENT NEEDLESS


ANXIETY.


PROCRASTINATION NOW AND ALWAYS HAS BEEN THE SINGLE


COMPLAINT MOST OFTEN RAISED IN THE LOUDEST VOICE AGAINST LAWYERS -


-9-










IT IS. TIME. TO.BID ADIEU TO. THE DILATORY


LAWYER


PROPOSED MODEL RULE 1.4 PROVIDES. THAT:


"A LAWYER SHALL KEEP A CLIENT REASONABLY


INFORMED ABOUT A MATTER BY PERIODICALLY


ADVISING THE CLIENT OF ITS STATUS AND


PROGRESS AND BY PROMPTLY COMPLYING WITH


REASONABLE REQUESTS FOR INFORMATION,"


"A LAWYER SHALL EXPLAIN THE LEGAL AND


PRACTICAL ASPECTS OF A MATTER AND


ALTERNATIVE COURSES OF ACTION TO THE


EXTENT REASONABLY NECESSARY TO PERMIT


-10-


JOINTLY AND SEVERALLY.,










THE CLIENT TO MAKE INFORMED DECISIONS


REGARDING THE REPRESENTATION,"


THAT PROPOSED MODEL RULE HAS NO PREDECESSOR IN THE CURRENT CODE


OF PROFESSIONAL RESPONSIBILITY ALTHOUGH IT DOES REFLECT CERTAIN


ETHICAL CONSIDERATIONS CONTAINED THEREIN.


IT SEEMS TO ME THAT


THE LACK OF A RULE IN THIS AREA INDICATES THAT A LAWYER'S PROFESSIONAL


OBLIGATION TO KEEP HIS CLIENT REASONABLY INFORMED IS SOMEHOW EVEN


LESS THAN THE GENERAL FIDUCIARY OBLIGATION OF COMMUNICATION IMPOSED


BY AGENCY LAW,


REACT.


IF UNINFORMED.- HOW CAN THE CLIENT INTELLIGENTLY


THE PROPOSED MODEL RULE ENDS ANY MISUNDERSTANDING THERE


MAY BE AS TO THE NECESSITY OF KEEPING A CLIENT INFORMED.


LAWYERS


HENCEFORTH "SHALL" KEEP THE CLIENT INFORMED,


AND KEEPING THE


-11-










CLIENT INFORMED WILL KEEP THE CLIENT CONFIDENT AND HAPPY THAT.THE


LAWYER IS DOING THE JOB,


THE CLIENT WILL LIKE THE LAWYER -


AND WANT TO PAY WELL FOR. THE LEGAL SERVICES,


PROPOSED MODEL RULE 1.5 ADDRESSING FEES IS AS FOLLOWS:


"(A). A LAWYER'S FEE SHALL BE REASONABLE.


(B) THE.BASIS OR RATE OF A LAWYER'S FEE


SHALL BE COMMUNICATED TO THE CLIENT IN WRITING


BEFORE THE LAWYER RENDERS SUBSTANTIAL SERVICES


IN A MATTER EXCEPT WHEN:


(1) AN AGREEMENT AS TO THE FEE IS


IMPLIED BY THE FACT THAT THE LAWYER'S SERVICES


ARE OF THE SAME GENERAL KIND AS PREVIOUSLY


RENDERED TO AND PAID FOR BY THE CLIENT; OR


-12-











(2) THE SERVICES ARE RENDERED IN AN


EMERGENCY OR WHERE A WRITING IS OTHERWISE IMPRACTICAL,


(C) A FEE MAY BE CONTINGENT ON THE OUTCOME


OF THE MATTER FOR WHICH THE SERVICE IS RENDERED -


EXCEPT IN A MATTER IN WHICH A CONTINGENT FEE IS


PROHIBITED BY LAW.


A CONTINGENT FEE ARRANGEMENT


SHALL BE IN WRITING AND SHALL STATE THE METHOD BY


WHICH THE FEE IS TO.BE DETERMINED INCLUDING THE


PERCENTAGE OR PERCENTAGES THAT SHALL ACCRUE TO


THE LAWYER IN THE EVENT OF SETTLEMENT TRIAL OR


APPEAL EXPENSES TO BE DEDUCTED FROM THE


RECOVERY AND WHETHER EXPENSES ARE TO BE


-13-










DEDUCTED BEFORE OR AFTER THE CONTINGENT FEE


IS CALCULATED.


UPON CONCLUSION OF A CONTINGENT


FEE MATTER THE LAWYER. SHALL PROVIDE THE CLIENT


WITH A WRITTEN STATEMENT STATING THE OUTCOME OF


THE MATTER AND IF THERE IS A RECOVERY SHOWING


THE REMITTANCE TO THE CLIENT AND THE METHOD OF


ITS DETERMINATION,


(D) A DIVISION OF FEE BETWEEN LAWYERS WHO


ARE NOT IN THE SAME FIRM MAY BE MADE ONLY IF:


(1) THE DIVISION IS IN PROPORTION


TO THE SERVICES PERFORMED BY EACH LAWYER OR


BY WRITTEN AGREEMENT WITH THE CLIENT ALL LAWYERS










ASSUME RESPONSIBILITY FOR THE REPRESENTATION;


(2) THE CLIENT CONSENTS TO THE


PARTICIPATION OF ALL THE LAWYERS INVOLVED;


AND


(3) THE TOTAL FEE IS REASONABLE,"


WHILE RULE 1,5 IS A BIT LONGER THAN THE PREVIOUS THREE -


I WANT SIMPLY TO EMPHASIZE TWO MAJOR POINTS,


FIRST THE PROPOSED


RULE PROVIDES THAT A LAWYER'S FEE SHALL BE REASONABLE.


SECOND -


THAT FEE EXCEPT FOR SOME OBVIOUS AND UNDERSTANDABLE EXCEPTIONS -


SHALL BE COMMUNICATED TO THE CLIENT IN WRITING.


ABRAHAM LINCOLN SAID THAT:


"THE MATTER OF FEES IS IMPORTANT -


-15-










FAR BEYOND THE MERE QUESTION OF


BREAD AND BUTTER INVOLVED,


ATTENDED TO FULLER JUSTICE


BOTH LAWYER AND CLIENT."


ABRAHAM LINCOLN WAS DEAD RIGHT.- ON TARGET.


PROPERLY


IS DONE TO


AFTER MORE THAN


THREE DECADES OF LAW PRACTICE NO MATTER IS MORE PERSONALLY


VEXING TO ME THAN THE FIXING AND COLLECTION OF PROFESSIONAL FEES.


PRIOR TO THE ADOPTION OF THE CURRENT CODE OF PROFESSIONAL RESPONSIBILITY -


CHARGING AN EXCESSIVE FEE ALONE WAS GENERALLY NOT CONSIDERED


GROUNDS FOR DISCIPLINARY ACTION AND EVEN NOW THAT FEE MUST


BE CLEARLY EXCESSIVE TO WARRANT REDRESS.


WITH THE PROPOSED


MODEL RULE LAWYERS WILL NOW HAVE REACHED A REASONABLE STANDARD -


-16-










IT PROVIDES THAT THE FEE CHARGED "SHALL".BE REASONABLE.


TRULY THE STANDARD FOR DETERMINING THE REASONABLENESS OF THE FEE


ALSO REMAINS REASONABLE FOR IT CONTINUES TO CONSIDER AS HAS


LONG BEEN CONSIDERED THE NOVELTY AND DIFFICULTY OF THE MATTER -


THE SKILL STANDING AND EXPERIENCE OF THE LAWYER THE TIME


INVOLVED THE URGENCY THE DEGREE OF CONTINGENCY THE EFFECT


IN PREEMPTING THE LAWYER'S OPPORTUNITY TO REPRESENT OTHER CLIENTS -


THE FACT THAT THE RELATIONSHIP INVOLVED IS.A CONTINUING ONE -


THE AMOUNT INVOLVED THE RESULTS OBTAINED THE CLIENT'S ABILITY


TO PAY AND THE NORMAL RANGE OF RATES FOR LEGAL SERVICES OF A


SIMILAR KIND.


PERHAPS THIS NEW RULE STATING THAT THE FEE SHALL


BE REASONABLE WILL HELP LAWYERS TO FIX EXACTLY THE RIGHT FEE -


-17-


AND










NEITHER AN OVERCHARGE.- NOR AN UNDERCHARGE-. BEING EQUALLY ZEALOUS


IN EACH DIRECTION,


:THE WRITTEN NATURE OF COMMUNICATING THE.FEE IS A NEW


REQUIREMENT.- ONLY SUGGESTED AS DESIRABLE BY THE CURRENT CODE OF


PROFESSIONAL RESPONSIBILITY,


QUITE OBVIOUSLY IT IS DESIGNED


TO REDUCE THE POSSIBILITY OF MISUNDERSTANDING A GOAL NOT EASILY


MET..-BUT A WRITING MUST HELP,


EXCEPTIONS TO THE REQUIREMENT


ARE PROVIDED SUCH AS WHERE A FEE AGREEMENT IS INHERENTLY IMPLIED


BECAUSE THE SERVICES TO BE RENDERED ARE OF THE SAME GENERAL KIND


AS PREVIOUSLY RENDERED TO AND PAID FOR BY THE SAME CLIENT. -


OR WHERE THE SERVICES ARE PERFORMED IN AN EMERGENCY OR WHERE A


WRITING UNDER THE CIRCUMSTANCES IS IMPRACTICAL SUCH AS IN A


-18-










TELEPHONE CONSULTATION,


TO SUMMARIZE ALL OF THESE MATTERS COMPETENCE -


DILIGENCE COMMUNICATION AND FEES EACH OBVIOUSLY ARE OF VITAL


IMPORTANCE TO THE CLIENT-ATTORNEY RELATIONSHIP.


INDEED I


REITERATE THAT FAILURE BY LAWYERS TO COMPLY WITH THEIR TENETS


IS THE BASIS OF BOTH THE MAJORITY OF MALPRACTICE SUITS AND


DISCIPLINARY COMPLAINTS.


GREATER PROOF OF THEIR IMPORTANCE IS


NOT NEEDED IT IS NOW TIME THAT THE LEGAL PROFESSION RECOGNIZE


THAT IMPORTANCE.


THE FINAL DRAFT OF THE PROPOSED MODEL RULES


IS A GREAT STEP FORWARD IN THESE FOUR AREAS,


BY ADOPTING THEM -


THE LEGAL PROFESSION CAN HENCEFORTH ACCEPT THE PRIME RESPONSIBILITY


FOR TAKING DISCIPLINARY ACTION AGAINST LAWYERS WHO FAIL TO MAINTAIN


-19-










OR EXERCISE MINIMUM STANDARDS OF PERFORMANCE.


CLEAR THAT THOSE LAWYERS WHO RENDER SHODDY OR BAD SERVICE SHOULD


BE GUILTY OF ETHICAL MISCONDUCT,


THEY DAMAGE THE CLIENT -


THEY DAMAGE THE CONFIDENCE OTHERS PLACE IN ALL LAWYERS AND. -


BY DOING SO THEY DAMAGE THE ENTIRE JUSTICE SYSTEM.


SOME LAWYERS HAVE SUGGESTED THAT THE PROPOSED MODEL


RULES WILL LEAD TO AN INCREASE IN MALPRACTICE SUITS,


THAT,


I DOUBT


IT SEEMS OBVIOUS TO ME THAT IF THE LEGAL PROFESSION


ADEQUATELY POLICES ITSELF OTHERS WILL FEEL LESS COMPULSION TO


DO SO.


MALPRACTICE SUITS ARE BROUGHT ONLY WHEN CLIENTS FEEL


THAT THEIR LAWYERS HAVE NOT PROPERLY SERVED THEM.


THE PROPOSED


MODEL RULES REFLECT ONLY THE LAW THAT HAS BEEN ALREADY UNIFORMLY


-20-


.IT IS, CRYSTAL










RECOGNIZED IN LITIGATED MALPRACTICE SUITS.


ADOPTION OF THE PROPOSED MODEL RULES WOULD EVENTUALLY LEAD TO A


DECREASE IN MALPRACTICE SUITS SIMPLY BECAUSE LAWYERS WILL HAVE -


AS A PROFESSION TAKEN STEPS TO KEEP THE LAWYER FROM GIVING CAUSE


FOR SUCH ACTION.


BUT EVEN IF I AM WRONG ABOUT THAT "SO WHAT?"


IF THE ORGANIZED BAR IS UNWILLING TO EXERT PEER PRESSURE IN THE FORM


OF MINIMUM STANDARDS OF CONDUCT AGAINST SHODDY AND SHABBY LAW


PRACTICE CERTAINLY IT SHOULD NOT OPPOSE AND INDEED IT SHOULD


PERHAPS EVEN ENCOURAGE MALPRACTICE SUITS BY DISGRUNTLED CLIENTS


AGAINST OBVIOUSLY INCOMPETENT LAWYERS.


IF LAWYERS HONE AND


SHARPEN THEIR SKILLS AND PROCEDURES IT CAN ONLY REDUCE COMPLAINTS.


AS I SEE IT IT IS BETTER THAT LAWYERS GET ON WITH THE TASK OF


-21-


I SUGGEST THAT THE










CLEANING THEIR OWN HOUSE.- A TASK THAT WILL BE AT LEAST BEGUN


WITH THE ADOPTION OF THESE PROPOSED YET MINIMUM GUIDELINES FOR


LAWYER PERFORMANCE IN THE DELIVERY OF LEGAL SERVICES.


INCOMPETENT LAWYERS EVERY BIT AS MUCH AS DISREPUTABLE


ONES.- DISSERVICE THE PUBLIC.


WITH THE EVER-ACCELERATING


COMPLEXITIES OF ALMOST EVERY ASPECT OF LIFE A LAWYER'S INDIVIDUAL


ETHICAL RESPONSIBILITIES FOR PROFESSIONAL FITNESS HAVE ENLARGED


AS WELL.


IN MY OWN.TIME DISCIPLINARY MEASURES FOR THE HABITUALLY


NEGLIGENT LAWYER HAVE EVOLVED FROM A CLUCKING DISAPPROVAL TO


DISBARMENT.


THE IDEA OF MERE ASPIRATIONAL STANDARDS OF PROFESSIONAL


PERFORMANCE AS CONTAINED IN THE CURRENT CODE OF PROFESSIONAL


RESPONSIBILITY HAVE PROVED TO BE NOT ENOUGH.


ASPIRATION MUST


-22-










NOW GIVE WAY.TO ACTUAL MINIMUM STANDARDS,


DOES NOT LIVE UP. TO ITS OBLIGATION TO THE PUBLIC TO ENSURE THAT


EACH LAWYER IS COMPETENT THAT EACH LAWYER IS PROMPT AND DILIGENT -


THAT EACH LAWYER COMMUNICATES WITH THE CLIENT AND THAT EACH


LAWYER CHARGES ONLY REASONABLE FEES.- IF IT DOES NOT NOW ACCEPT


THOSE MINIMUM RESTRICTIONS THEN INEVITABLY THE RIGHT TO LAWYER


SELF-GOVERNANCE WILL BE LOST.


THE ALTERNATIVE WELL MAY BE SOME


AGENCY.- PERHAPS GOVERNMENTAL SPRINGING UP TO DO THAT REGULATION


TO THE GREATER SATISFACTION OF SOCIETY AS A WHOLE.


THE FINAL DRAFT OF THE PROPOSED MODEL RULES OF PROFESSIONAL


CONDUCT PROVIDES THOSE RIGHT AND PROPER GUIDELINES.


AT ITS


VERY HEART IT FIRST PLACES COMPETENCE,


AT ITS VERY HEAD -


-23-


IF. THE LEGAL PROFESSION










IT PLACES A REQUIREMENT OF KNOWLEDGE SKILL THOROUGHNESS -


PREPARATION AND EFFICIENCY.


AT ITS VERY HEAD IT PLACES


THOSE ESSENTIAL REQUIREMENTS THAT EVERY PERSON WHO ANSWERS TO THE


TITLE "LAWYER" MUST HAVE TO FULFILL THE TRADITIONAL ROLE AS


ADVOCATE COUNSELLOR DRAFTER OR NEGOTIATOR.


IF LAWYERS DO


NOT SUPPORT THE FINAL DRAFT OF THE PROPOSED MODEL RULES THE


LEGAL PROFESSION WILL HAVE SHUNNED ITS HONORED AND TRADITIONAL


RESPONSIBILITY OF ENSURING THAT THE QUALITY OF LEGAL SERVICES IS


ALWAYS OF THE HIGHEST,


IF LAWYERS DO SHUN THAT RESPONSIBILITY -


PERHAPS THEY MAY FOREVER LOSE IT AND PERHAPS THEY SHOULD,





THE END


-24-








SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 235


VOLUME XVII










CHESTERFIELD SMITH


LAWYER
MIAMI, FLORIDA


OCCASION:


PRESENTATION OF AMERICAN BAR
ASSOCIATION MEDAL AWARD


AMERICAN BAR ASSOCIATION ANNUAL


MEETING -
NEW ORLEANS, LOUISIANA


WEDNESDAY, AUGUST 12, 1981


12:00 NOON


PLACE:


DATE:


RESPONSE OF:










THIS OF COURSE IS A MOST MEANINGFUL OCCASION FOR VIVIAN -


FOR MY DAUGHTER RHODA KIBLER AND FOR MY TWO GRANDSONS JOHN


AND PARKER CANNON,


AN ACCOLADE BESTOWED HAS VALUE MORE DIRECTLY ATTRIBUTABLE


TO THE GRANTOR THAN TO THE RECIPIENT,


IF THE GRANTOR IS SIGNIFICANT -


SO TOO IS THE ACCOLADE,


THE AMERICAN BAR ASSOCIATION TODAY IS INDEED A MOST


DESIRABLE GRANTOR.


THE FIFTEEN OR MORE YEARS IN WHICH I HAVE


BEEN ACTIVELY YET INTIMATELY INVOLVED WITH THE MYRIAD ASPECTS


OF ITS INTERNAL DYNAMICS HAVE REVEALED IT FULLY TO ME TO BE TRULY


A GLORIOUS ORGANIZATION,


I CHERISH IT,.


RIGHTLY OR WRONGLY -


IT MATTERS NOT WHAT IT WAS ALTHOUGH


I IDENTIFY MYSELF WITH IT.










ITS HISTORY IS. FILLED WITH SHINING STARS.


ALL WHAT IT IS NOT IT IS NOT A TRADE ASSOCIATION FOR LAWYERS.-


EVEN THOUGH IT ALWAYS HAS SOUGHT TO ADVANCE THE LEGITIMATE PERSONAL


GOALS AND.ECONOMIC ASPIRATIONS OF ITS MEMBERS,


TO ME IT MATTERS ONLY WHAT IT NOW IS A PUBLIC SERVICE


ENTITY UNYIELDINGLY COMMITTED TO AN UNENDING SEARCH FOR EQUITY


AND FAIRNESS AND EQUAL TREATMENT AND DUE PROCESS FOR ALL AND


FOR JUSTICE AND THE RULE OF LAW.


I LIKE THE AMERICAN BAR


ASSOCIATION AS IT IS.- I LIKE IT VERY MUCH.


THERE ARE THOSE WITHIN THE AMERICAN BAR ASSOCIATION WHO


WOULD HAVE IT PLAY A MORE PASSIVE ROLE IN AMERICAN SOCIETY BUT


HAPPILY DURING MY OWN ACTIVE STINT IN THE 60s AND THE 70s -


.IT MATTERS NOT AT










THE MAJORITY POSITION HAS GENERALLY COME OUT ABOUT WHERE I PERCEIVED


THAT IT SHOULD.


TRULY THE AMERICAN BAR ASSOCIATION IS AN


ACTIVE FORCE FOR BETTERMENT WITHIN THIS LAND AND THROUGHOUT


ALL ELEMENTS OF SOCIETY,


AS HAS BEEN ITS MODERN LOT CHANGE


REMAINS THE DOMINATING CHARACTERISTIC OF THE AMERICAN BAR ASSOCIATION -


AND EVEN MORE CHANGE IS COMING,


MY OWN LIFE TOO HAS BEEN DOMINATED


BY CHANGE I LIKE TO BELIEVE THAT THE CHANGES INCURRED BY BOTH


THE ASSOCIATION AND ME HAVE HONED AND SHARPENED OUR PERCEPTIONS -


OUR UNDERSTANDINGS OUR AWARENESS OF THE WORLD WHICH ENVELOPES


IT IS MY FERVENT HOPE THAT SUCH IS SO AND THAT EACH OF US


WILL GROW WITH FUTURE CHANGE.


I DEPLORE LABELS I HERE AND NOW REFUTE ALL CHARACTERIZATIONS


-3-


US.










OF EITHER THE AMERICAN BAR ASSOCIATION OR ME AS PROGRESSIVE


OR ANTEDILUVIAN AS LIBERAL OR CONSERVATIVE OR EVEN AS MODERATE -


CONCERNED SELFISH OR UNSELFISH.


THROUGH THE EYES WITH WHICH


I SEE IT THE AMERICAN BAR ASSOCIATION IS NONE OF THESE IT


PROPERLY EMBRACES ONLY THE TENETS TO WHICH I TOO HAVE TRIED TO PAY


HOMAGE IF SOMETHING IS WRONG TRY TO MAKE IT RIGHT IF AN


INSTITUTION FAILS TO WORK FIX IT,


IF GOVERNMENT BECOMES OPPRESSIVE TAKE ISSUE AND FIGHT


TO CURTAIL UNWARRANTED INTERFERENCE BY THE STATE WITH ITS PEOPLE.


IF THE MAJORITY ABUSES THE MINORITY JOIN UP THE MINORITY IS


OFTEN RIGHT IF THE DOCKET OF THE COURT IS CLOGGED TRY TO UNCLOG


IT,


IF EQUITY AND FAIRNESS AND DUE PROCESS AND EQUAL TREATMENT


-4-










ARE NOT THE POLE STAR OF GOVERNMENT ACTION JUMP ON IN AN URGENT


WAY TO MAKE AMERICAN JUSTICE THE STANDARD SUSTENANCE OF ITS PEOPLE.


IF COMPETENT AND ETHICAL LAWYERS ARE NOT AVAILABLE TO ALL


THOSE WHO NEED THEM RESTRUCTURE THE HISTORICAL METHODS FOR THE


DELIVERY OF LEGAL SERVICES SO AS TO INCREASE THEIR AVAILABILITY,


IF ANY PERSON OR GROUP DISHONORS THE RULE OF LAW WAGE


AN UNYIELDING BATTLE TO MAKE THE RULE OF LAW SUPREME.


YES EVEN MORE CHANGE IS COMING TO THE AMERICAN BAR


ASSOCIATION.


I CONFIDENTLY PREDICT THAT THE ASSOCIATION WILL


PROPERLY COPE WITH ITS FUTURE PROBLEMS,


THROUGH ITS DEVOTED MEMBERS TO THE TASK,


IT IS WELL GEARED


WHILE NO ONE IN


THE PAST OR IN THE FUTURE WILL DETERMINE THE DIRECTION IN WHICH


-5-










THE GIGANTIC AND POWERFUL AMERICAN BAR ASSOCIATION MOVES THE


TREND IS RIGHT.


WE SPUTTER AND START WE DIVERT AND DIGRESS -


WE WOBBLE AND FALL BUT WE GET TO THE PROPER PERCH.


IT IS


PERSONALLY PLEASING FOR ME TO BELIEVE THAT I AS HAS BEEN MY OWN


PREDILECTION HAVE REACTED GENERALLY ON THE SAME TREND-LINE IN


WORKING OUT ANSWERS TO THE PROBLEMS FACING THE RULE OF LAW THE


JUSTICE SYSTEM AND THE LEGAL PROFESSION AS HAS THE ASSOCIATION.


THUS I CHERISH THIS MEDAL BECAUSE I HONOR THE GIVER.


THE AMERICAN BAR ASSOCIATION IS VIGOROUS WORTHY YEA EVEN


NOBLE, ITS PRIMARY PURPOSE IS SERVICE TO THE PUBLIC WEAL,


AMERICAN BAR ASSOCIATION YOU HAVE A FEW WARTS BUT I


WITHOUT RESERVATION APPROVE OF EXACTLY WHAT YOU ARE.


IT IS










EXCITING THAT THE AMERICAN BAR ASSOCIATION BY GIVING ME THIS MEDAL


IS INDICATING ITS APPROVAL OF ME,


I HAPPILY ACCEPT THE ACCOLADE -


AN ACCOLADE COVETED ABOVE ALL OTHERS WHICH I COULD RECEIVE.


THIS IS A FELICIFIC DAY.











THE END


-7-








SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 236


VOLUME XVII












CHESTERFIELD SMITH
LAWYER
MIAMI, FLORIDA


OCCASION:


PROCEEDINGS HONORING CHIEF JUDGE
GEORGE CRESSLER YOUNG ON THE
OCCASION OF HIS TWENTIETH ANNIVERSARY
AS UNITED STATES DISTRICT JUDGE





FEDERAL COURTHOUSE
JACKSONVILLE, FLORIDA





TUESDAY, SEPTEMBER 29, 1981
4:00 P.M.


REMARKS:


PLACE:


DATE:










CHIEF UNITED STATES DISTRICT JUDGE GEORGE YOUNG CAN AFTER


TWENTY YEARS TRULY BE CALLED A SUPERIOR JUDGE,


ALWAYS IN COURT-


A-LOT JUDGE YOUNG HAS APPROACHED THE LAW WITH ENTHUSIASM WITH


AN UNPARALLELED ZEST AND CONTINUOUS QUEST FOR EXCELLENCE, HI


IS A PERFECTIONIST.- OFTEN SETTING ALMOST IMPOSSIBLE STANDARDS FOR


HIMSELF AND OTHERS,


INDEED IT HAS BEEN SAID THAT HE IS NEVER


REALLY SATISFIED WITH ANYTHING THAT HE OR ANYBODY ELSE DOES,


HE IS DEVOTED TO JUDICIAL RESTRAINT BUT WHEN THE DUTY TO ACT IS


CLEAR HE ACTS WITH LITTLE REGARD TO PUBLIC CRITICISM OR EVEN


THREATS.


TRULY HE INDEED IS IN COURT-A-LOT,


JUDGE YOUNG IS AN OPTIMISTIC PERSON TRUSTING IN THE


AFTER TWENTY YEARS OF OFTEN VEXING


INHERENT GOOD OF PEOPLE,










AND ALWAYS DEMANDING JUDICIAL SERVICE.- HE CONTINUES TO BELIEVE THAT


RIGHT GOODNESS.- AND JUSTICE ULTIMATELY WILL PREVAIL.


HE IS


COMPASSIONATE AND UNDERSTANDING CONSCIENTIOUS AND FAIR-MINDED,


JUDGE YOUNG IS NOT LOCKED IN REASON ALWAYS PREVAILS. ON


BALANCE I PERSONALLY PERCEIVE HIM AS ONE OF THE TRULY GREAT FEDERAL


TRIAL JUDGES SITTING IN AMERICA TODAY,


BUT ENOUGH OF THAT:


CHIEF JUDGE GEORGE YOUNG OUTSTANDING JURIST AFTER


TWENTY YEARS OF ILLUSTRIOUS SERVICE IS ON OCTOBER 19 TO CHANGE


HIS JUDICIAL ROLE TO GIVE UP HIS LORDLY CHIEF JUDGESHIP TO DEPART


FROM THE HYPERACTIVE STATUS HE TODAY ENDURES TO THE LESS ACTIVE


DEMANDS OF SENIOR UNITED STATES DISTRICT JUDGE.


HENCEFORTH -


-2-











HE WILL NOT BE IN COURT-A-LOT,


IT IS QUITE IMPOSSIBLE ORALLY TO DO JUSTICE TO THE DEPARTURE


OF THIS OUTSTANDING JUDGE,


FOR THAT REASON IT MIGHT BE INTERESTING


TO VISUALIZE JUDGE YOUNG'S IMMINENT DEPARTURE IN A DIFFERENT ERA,


WITH THAT IN MIND PLEASE EACH TURN BACK THE SUNDIAL TO THE DAYS


OF CAMELOT.- OR.- IN OUR CASE.- COURT-A-LOT.


AS WE DAYDREAM A


BIT WE CONJURE UP THE KING.- THE QUEEN AND THE KNIGHTS OF THE


SQUARE TABLE:


AT THE TOP OF THE SQUARES WE SEE KING ARTHUR YOUNG -


SOMETIMES ALSO KNOWN AS CRESSLER AND SOMETIMES KNOWN AS GEORGE -


AND OCCASIONALLY BY OTHER NAMES HOLDING ONTO HIS FAMOUS SWORD


"EXCALIBUR".


AS YOU RECALL KING ARTHUR YOUNG OBTAINED


-3-










"EXCALIBUR" BY PULLING IT OUT OF A ROCK UNDER WHICH HE FOUND


HIDING MANY SLIMY LITTLE CREATURES DESTINED LATER TO BECOME IN


HIS EYES THE TRIAL LAWYERS WHO APPEARED BEFORE HIM.


AND ON HIS ARM THE LOVELY QUEEN IRIS-A-VERE LADY


OF ELEGANCE AND GRACE.


ROYALTY ATTACHES NOT ONLY TO HER STATUS -


BUT MORE IMPORTANTLY TO HER VERY BEING GREAT EQUALIZER OF KINGS,


ONE MORNING SHE BURST INTO THE KING'S BATHROOM AND FOUND HIM


PRIMPING IN THE MIRROR.


KING ARTHUR YOUNG SAID "IRIS-A-VERE -


HOW MANY GREAT TRIAL JUDGES DO YOU THINK THERE REALLY ARE?"


IRIS-A-VERE REPLIED "ONE LESS THAN YOU THINKETH..."


IRIS-A-VERE IRIDESCENT INTRIGUING INTOXICATING


AND IMPISH IN ALL FAIRNESS DOES HAVE FAULTS,


SHE IS A VERY










INTIMATE FRIENDS OF THE COURT KNOW THAT THE


ROYAL COUPLE SPENDS A LOT OF TIME IN THE LIVING ROOM,


KING ARTHUR


YOUNG WATCHING JESTER-VISION AND IRIS-A-VERE PICKING MUSHROOMS...


AND THE QUEEN IS NOT A GOOD COOK,


SHE ONCE ASKED HER


SON PRINCE YOUNG GEORGE TO TAKE THE ROYAL GARBAGE OUT HE


SAID "YOU COOKED IT YOU TAKE IT OUT,"


INDEED IF TRUTH WILL


OUT THE QUEEN IS UGH A COW PERSON UGH WHO WEARS NON-


DESIGNER JEANS,


AND THE KING AS YOU KNOW PHYSICALLY IS NOT AN


ATTRACTIVE PERSON HE WAS ALSO QUITE OBVIOUSLY A HOMELY CHILD,


WHEN CHILDREN PLAYED "SPIN THE BOTTLE" IN THOSE DAYS IF YOU DIDN'T


WANT TO KISS SOMEBODY YOU HAD TO GIVE HIM A SHILLING. BY THE


-5-


POOR CASTLE CLEANER.










TIME ARTHUR GEORGE CRESSLER YOUNG WAS TWELVE HE OWNED ALL OF THE


CENTRAL SHIRE,


AS A GROWING PRINCE.- HE BECAME ENTHUSED WITH VENTRILOQUISM -


UNFORTUNATELY HE HAD TO GIVE IT UP BECAUSE HE GOT TOO BIG FOR THE


GUY'S LAP.


BUT THE KING HAS SOME VERY OUTSTANDING QUALITIES -


HE IS VERY CONSIDERATE AND ACCOMMODATING.- QUEEN IRIS-A-VERE ONCE


BEGGED FOR A CASTLE NEAR THE WATER.


SO.- KING ARTHUR YOUNG FLOODED


THEIR ROYAL BASEMENT.


AND HE IS COMMITTED TO HARD WORK WHEN ONCE ASKED


HOW MANY TRIAL LAWYERS REGULARLY PRACTICED LAW IN HIS COURT HE


SAID "ABOUT ONE-HALF OF THEM."










ARTHUR YOUNG HIMSELF ALSO ALWAYS GAVE. THE KINGDOM AN


HONEST DAY'S WORK,


SOMETIMES IT TOOK A WEEK.- SOMETIMES TWO


WEEKS..,


AND THE KING HAS ALWAYS HAD TO CAREFULLY WATCH HIS


ROYAL FIGURE HE DEVELOPED A PERFECT TEST TO DETERMINE WHEN A


FAMINE WAS TO.BE IMPOSED ON THE KINGDOM HE ALWAYS SAID YOU CAN


TELL YOU'RE GETTING FAT WHEN YOU STEP ON YOUR DOG'S TAIL AND


HE DIES,


BUT LET'S LOOK AROUND THE SQUARE TABLE AND VISIT SOME


OF THE KNIGHTS GATHERED TO CELEBRATE THIS OCCASION:


SIR BENJAMIN KRENTZMAN KING-IN-WAITING THE EAGER


AND IMPERIOUS ALWAYS COURTEOUS AND KIND OVERSEER OF THE SOUTHERN


-7-










KINGDOM THE SURPRISING SURVIVOR. OF COLOSSAL CAMPAIGNS WHO LIKE


KING ARTHUR YOUNG FIRST REVEALED HIS KINGLY QUALITIES TO A MAN


CALLED GEORGEOUS GEORGE,


SIR WILLIAM THE TERRELL. LEARNED SCRIVENER COMPASSIONATE


ADJUDICATOR DAUNTLESS DECORATED GENIAL AND HONORED KNIGHT,


SIR JOHN REED.- OVERSEER OF BATTLE SITES IN MOUSE COUNTRY -


THE BOLD ABLE CONFIDANT AND ADVISOR OF KING ARTHUR YOUNG,


SIR HOWELL MELTON COURTLY TERRITORIAL GOVERNOR OF THE


NORTH MIGHTY SWORDSMAN CAVALIER AND HAPPY FELLOW SUAVE -


VALIANT AND LION-HEARTED.- AND THE CAPTIVATING CORDIAL -


COMELY AND CHARMING LADY CATHERINE,


SIR GEORGE THE CARR FEARLESS FOE OF UNFAIRNESS AND










INEQUALITY.- DEBONAIR FRIEND OF THE EMPEROR WALKING LAWTON -


AUDACIOUS AND QUIXOTIC,


THE LADY SUSAN YOUTHFUL AFFABLE.- STALWART WISE


AND REGAL -.THE DISTAFF KNIGHT DEFENDER OF PEASANTS' RIGHTS,


SIR WILLIAM OF CASTAGNA. BARONET OF THE TRAVELING


GARTER. GENTEEL CHIVALROUS AND GALLANT PURVEYOR OF KINGLY


FAVORS,


IN. THE ABSENCE OF SIR WARREN JONES ON A JOURNEY ALONE


IS THE ELEGANT.- EFFERVESCENT.- ENCHANTING.- AND ETERNAL LADY


EDITH.


SIR SIMPSON OF COWBOY.- LIEGE LORD OF ALL VETERAN AND


INTREPID WARRIOR RESOLUTE AND FEARLESS KNIGHT ANCIENT


-9-










SPEAR-CARRIER WHOSE TENURE EVEN EXCEEDS THAT OF KING ARTHUR YOUNG -


AND THE SENSATIONAL STUNNING SPARKLING AND SAUCY LADY


SALLY,


SIR CHARLES OF SCOTT DOUGHTY OVERSEER OF THE INCARCERATED -


HEROIC PROTECTOR OF THE WEAK BOLD AND VALOROUS KNIGHT FEARLESS


AND STURDY SWORDSMAN AND THE GRACIOUS GEORGEOUS GENIAL AND


GLAMOROUS LADY GRACE.


QUITE OBVIOUSLY THOSE ARE KING ARTHUR GEORGE CRESSLER


YOUNG'S GOOD KNIGHTS -


BUT LO AND BEHOLD KING ARTHUR GEORGE CRESSLER YOUNG


HAS AT THE SQUARE TABLE BAD KNIGHTS TOO -


THOSE REBELLIOUS KNIGHTS OF DARKNESS THOSE CALLED


-10-










LAWYERS.- PRETENTIOUS PRETENDERS. TO.THE PURPLE MANTLE.


SIR ALLAN POUCHER.- THE QUERULOUS AND SOMETIMES GRUMPY


COLLEAGUE TEACHER.- AND PUPIL OF OUR NOBLE KING AND THE


BRILLIANT.- BEAUTIFUL BECOMING AND BONNY LADY BETTY,


SIR DELBRIDGE GIBBS.- ALLEGED MENTOR OF KINGS MUCH


DECORATED OF KNIGHTS BUT A PRETENDER WHO IN. TRUTH AS A SWORDSMAN


IS A SHANKER AND A YIPPER AND THE JUBILANT JAZZY JOVIAL AND


JOCULAR.- LADY JANE.


SIR NELSON OF HARRIS WHO TO THE SURPRISE OF KING ARTHUR


YOUNG HAS SURVIVED TWENTY YEARS WITHOUT CLOSE ASSOCIATION WITH


HIM.- AND. THE LADY BETTY,


SIR STEPHEN OF BUSEY LORD OF THE SHIRE.JACKSONVILLE,


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FINALLY AND PERHAPS ABOVE ALL PERHAPS THE


PRINCE OF KNIGHTS SIR LANCELOT SMITH LORD CHESTERFIELD -


BELOVED LEADER CHARMER OF LADIES BRILLIANT OF MIND AND WIT -


AND MODEST OF NATURE,


OH THE HAPPINESS THE JOY THE LIFE OF THOSE INHABITANTS


OF COURT-A-LOT,


SO AS THE KNIGHTS AND THEIR LADIES IN A SHORT WHILE


RAISE THEIR GLASSES TO THE KING AND TO THE QUEEN LET US NOW -


WITH VERY LITTLE MODIFICATION BORROW THE BEAUTIFUL AND AMAZINGLY


APPROPRIATE WORDS FROM CAMELOT TO DESCRIBE KING ARTHUR GEORGE CRESSLER


YOUNG'S DREAM HIS ERA HIS TRIUMPH AS IT HAS EXISTED FOR


TWENTY YEARS WITHIN THE WALLS OF HIS COURT-A-LOT OBLIVIOUS TO THE


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BLIZZARDS STORMS AND HEAT OUTSIDE:


IT'S TRUE.


IT'S TRUE,


GEORGE YOUNG HAS MADE IT CLEAR.


THE CLIMATE MUST BE PERFECT ALL THE YEAR,


A LAW WAS MADE A DISTANT MOON AGO HERE


JULY AND AUGUST CANNOT BE TOO HOT.


AND THERE'S A LEGAL LIMIT TO THE SNOW HERE


IN COURT-A-LOT,





THE WINTER IS FORBIDDEN TILL DECEMBER -


AND EXITS MARCH THE SECOND ON THE DOT,


BY ORDER SUMMER LINGERS THROUGH SEPTEMBER


IN COURT-A-LOT.


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GEORGE YOUNG'S COURT-A-LOT,


I KNOW IT SOUNDS A BIT BIZZARE -


BUT IN GEORGE YOUNG'S COURT-A-LOT


THAT'S HOW CONDITIONS ARE.





THE RAIN MAY NEVER FALL TILL AFTER SUNDOWN -


BY EIGHT THE MORNING FOG MUST DISAPPEAR,


IN SHORT THERE'S SIMPLY NOT A MORE CONGENIAL SPOT


FOR HAPP'LY EVER-AFTERING THAN HERE


IN COURT-A-LOT,


-14-










GEORGE YOUNG'S COURT-A-LOT,





I KNOW IT GIVES A PERSON PAUSE


BUT IN GEORGE YOUNG'S COURT-A-LOT


THOSE ARE THE LEGAL LAWS,





THE SNOW MAY NEVER SLUSH UPON THE HILLSIDE


BY NINE P.M. THE MOONLIGHT MUST APPEAR,


IN SHORT THERE'S SIMPLY NOT


A MORE CONGENIAL SPOT


FOR HAPP'LY-EVER-AFTERING THAN HERE


IN COURT-A-LOT,


-15-










SO EACH EVENING FROM DECEMBER TO DECEMBER


BEFORE YOU DRIFT TO SLEEP UPON YOUR COT


THINK BACK ON ALL THE TALES THAT YOU REMEMBER


OF COURT-A-LOT,





ASK EVERY LAWYER PERSON IF HE'S HEARD THE STORY,


AND TELL IT STRONG AND CLEAR IF HE HAS NOT.


THAT ONCE THERE WAS A FLEETING WISP OF GLORY


CALLED COURT-A-LOT.





GEORGE YOUNG'S COURT-A-LOT.





YES COURT-A-LOT MY FRIENDS.,,


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WHERE ONCE IT NEVER RAINED TILL AFTER SUNDOWN. -


BY EIGHT A.M. THE MORNING FOG HAD FLOWN,


DON'T LET IT BE FORGOT


THAT ONCE THERE WAS A SPOT


FOR ONE BRIEF SHINING MOMENT THAT WAS KNOWN


AS COURT-A-LOT.





GEORGE YOUNG'S COURT-A-LOT,












THE END


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SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 237


VOLUME XVII















CHESTERFIELD SIITH


LAWYER
MIAMI, FLORIDA


SOCIETY OF THE FOUR ARTS
FOUR. ARTS PLAZA
PALM BEACH, FLORIDA


"INTRODUCTION OF THE CHIEF
JUSTICE OF THE UNITED STATES"


TUESDAY, FEBRUARY 2, 1982


BEFORE:


REMARKS OF:


DATE:










BY TRADITION MY ROLE IN INTRODUCING TODAY'S GUEST


IS LIMITED, BUT EVEN THOUGH YOU KNOW A GOOD DEAL ABOUT HIM AS THE


HEAD OF ONE OF THE THREE CO-EQUAL BRANCHES OF GOVERNMENT THE


FACT IS THAT LAWYERS KNOW HIM BETTER SO I AM HONORED TO BE A


CLOSE FRIEND ABLE TO TELL YOU MORE,


ON MAY 24, 1974, WASHINGTON THE CAPITAL CITY OF THE


MOST POWERFUL NATION IN THE HISTORY OF THE WORLD WAS BUZZING,


IN EVERY CONVERSATIONAL GROUP THE DISCUSSION CENTERED AROUND THE


EFFORTS OF THE WATERGATE SPECIAL PROSECUTOR TO SECURE FROM PRESIDENT


RICHARD NIXON CERTAIN TAPES WHICH HAD RECORDED PRESIDENTIAL


CONVERSATIONS BELIEVED TO CONTAIN RELEVANT EVIDENCE IN THE WATERGATE


INVESTIGATIONS.


INDEED THE WASHINGTON STAR HAD HEADLINED


JUST THAT VERY MORNING THAT LEON JAWORSKI THE SPECIAL PROSECUTOR -


'C-










" I ALSO AM VERY PLEASED AND HONORED TO BE SEATED AT


THE TABLE WITH MY GOOD FRIEND LEON JAWORSKI,


WHILE I HAVEN'T


SEEN HIM MUCH LATELY JUST TODAY I HEARD THAT HE WAS IN TOWN."


SO PERHAPS IT WOULD SUFFICE TODAY IF I SIMPLY STATED


THAT WARREN BURGER IS IN TOWN AS YOUR LECTURER.


BUT I PREFER TO


SAY MORE AND I SHALL,


WHILE I WAS PRESIDENT OF THE AMERICAN BAR ASSOCIATION -


AND EVEN BEFORE I WAS AWARE OF THE WORK OF THE CHIEF JUSTICE


AND ALL THE HATS HE WEARS:


HE PRESIDES OVER THE SESSIONS OF THE COURT BUT FAR MORE


IMPORTANT HE IS CHIEF JUSTICE OF THE UNITED STATES NOT JUST OF


THE COURT.


HE DOES AS MUCH PURELY JUDICIAL WORK AS ANY OTHER


JUSTICE AND AS MUCH OR PERHAPS MORE THAN MOST OF HIS PREDECESSORS,


-6-










BY LAW HE IS CHAIRMAN OF THE JUDICIAL CONFERENCE OF THE


UNITED STATES WHICH IS SOMETHING LIKE A "BOARD OF DIRECTORS"


OF THE ENTIRE FEDERAL JUDICIAL SYSTEM,


HE OVERSEES THE WORK


-6(A)-










OF THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS WHICH


HAS A STAFF OF ALMOST 500 PEOPLE.


BY LAW HE IS ALSO CHAIRMAN


OF A RELATIVELY NEW INSTITUTION THE FEDERAL JUDICIAL CENTER -


WHICH IS THE RESEARCH/DEVELOPMENT ARM OF THE COURTS ON MATTERS OF


COURT ADMINISTRATION,


IN HIS SPARE TIME HE IS CHANCELLOR OF THE SMITHSONIAN


INSTITUTION A TRUSTEE OF THE NATIONAL GALLERY OF ART AND FOR


TEN YEARS ITS CHAIRMAN AND A TRUSTEE OF THE NATIONAL GEOGRAPHIC


SOCIETY.


HE HAS MADE COURT IMPROVEMENTS A MATTER OF MAJOR CONCERN -


AND HE TAXES LAWYERS SOME SAY HE BERATES US TO MAKE CHANGES.


MORE THAN ANY CHIEF JUSTICE HE WORKS CLOSELY WITH THE AMERICAN BAR


ASSOCIATION AND OTHER LEGAL GROUPS,


-7-










HE HAS INFLUENCED LEGAL EDUCATION SIGNIFICANTLY AND


HE HAS BROUGHT ABOUT MORE CHANGES IN COURT MANAGEMENT THAN AT ANY


TIME IN THIS CENTURY,


HIS CONCERN REACHES EVERY ASPECT OF


JUSTICE AND HE HAS HAD MARKED INFLUENCE ON PRISONS AND CORRECTIONAL


PRACTICES.


MORE NEW THINGS HAVE HAPPENED IN HIS 13 YEARS AS CHIEF


JUSTICE THAN AT ANY TIME IN HISTORY,


THE FORMER CHIEF JUSTICE OF


ALABAMA NOW SENATOR HOWELL HEFLIN FROM ALABAMA SAID OF HIM:


"IN MY JUDGMENT CHIEF JUSTICE BURGER HAS DONE MORE


IN THE AREAS OF COURT MODERNIZATION AND ADMINISTRATION AND


PROCEDURAL REFORM AT THE FEDERAL LEVEL THAN ANYONE IN THIS


NATION THROUGHOUT OUR ENTIRE HISTORY."


BUT NONE OF THIS RELATES TO WHY HE IS HERE TODAY,


-8-










PARTLY HE IS HERE BECAUSE HE LOVES FLORIDA AND THE SUN,


IMPORTANT HE LOVES HISTORY AND HE KNOWS A GREAT DEAL ABOUT HOW


THINGS REALLY WORKED BACK 200 YEARS AGO AS DISTINGUISHED FROM


HOW THE SCHOOL BOOKS TELL IT,


APART FROM A BACKGROUND AS A SUCCESSFUL PRACTITIONER


IN MINNESOTA AND HIS PUBLIC SERVICE IN THE EISENHOWER ADMINISTRATION -


HE IS A MAN OF BROAD AND VARIED INTERESTS,


HE WAS A LAW TEACHER


FROM. THE YEAR HE GRADUATED MAGNA CUM LAUDE FROM LAW SCHOOL. IN HIS


PROFESSIONAL CAREER HE WAS A CORPORATE LAWYER AND A CIVIL RIGHTS LAWYER.


TWO WEEKS AGO AS HE DOES EVERY YEAR HE DELIVERED HIS


ANNUAL MESSAGE ON THE STATE OF THE JUDICIARY TO THE AMERICAN BAR


ASSOCIATION.


SOME SAY HE "JOLTS" LAWYERS EVERY YEAR WITH HIS


PROGRAMS FOR CHANGE,


BUT WE LIKE IT ANYWAY,


HE'S LIKE THE


-9-


MORE










LADY WHO WAS SO KIND SHE DROWNED HER SURPLUS KITTENS IN WARM MILK,


HE JOLTS US BUT HE LEADS US AND WE LOVE IT BECAUSE WE NEED IT,


JUST HOW YOU COULD GET HIM TO ADD ANOTHER COMMITMENT TO


HIS SCHEDULE I DON'T KNOW BUT MAYBE THE TITLE OF HIS LECTURE


GIVES A CLUE THAT THIS IS ONE WAY HE CAN HAVE FUN AS A RELIEF


FROM THE CRUSHING LOAD OF JUDICIAL WORK.


SO TO WIND UP THE CLOCK TO PUT THIS HAPPY SONG TO AN


END I SUGGEST TO YOU THAT WARREN BURGER IS A MAN WHO EMBODIES THE


VERY BEST QUALITIES OF THIS NATION'S LIFE,


IF I HAD TO SINGLE OUT


ONE INDIVIDUAL JUDGE AND SAY "THIS IS A JUDGE THIS IS EXACTLY THE


WAY A JUDGE SHOULD BE," MY PICK WOULD BE WARREN BURGER, WARREN


BURGER THE GREAT MINNESOTA PUBLIC SERVANT WHO HAS PROVED


CONCLUSIVELY TO THE WORLD IN OUR OWN TIME THAT IN THE UNITED STATES


-10-










OF AMERICA THE HIGHEST PERSON IS NOT ABOVE THE


IS NOT BELOW THE PEOPLE. -, (L Qv -M -/ iT-


I ASK NOW TO BE RECOGNIZED TO INTRODUCE YOUR LECTURER.


LADIES AND GENTLEMEN THE CHIEF JUSTICE OF THE UNITED


STATES.


- THE END -


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SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 238


VOLUME XVII