Speeches by Chesterfield - Vol. XVII, 232-249. 1981-1983

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,

-11-

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

-12-

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.

-13-

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.,,

-16-

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

-17-

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 -

-11-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 238

VOLUME XVII

	Table of Contents
	Remarks of Chesterfield Smith at...
	Random current thoughts of a trial...
	Address of Chesterfield Smith at...
	Response of Chesterfield Smith...
	Remarks of Chesterfield Smith at...
	Remarks of Chesterfield Smith at...
	Remarks of Chesterfield Smith at...
	Remarks of Chesterfield Smith at...
	Remarks of Chesterfield Smith at...
	Remarks of Chesterfield Smith at...
	Address of Chesterfield Smith before...
	Thought for panel presentation...
	Remarks of Chesterfield Smith to...
	Remarks of Chesterfield Smith to...
	Remarks of Chesterfield Smith to...
	Remarks of Chesterfield Smith to...
	Remarks of Chesterfield Smith to...
	Remarks of Chesterfield Smith to...

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