Speeches by Chesterfield - Vol. XVIII, 250-267 and misc. 1983-1986

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Title:
Speeches by Chesterfield - Vol. XVIII, 250-267 and misc. 1983-1986
Series Title:
Speeches, 1956-2003
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Unknown
Language:
English
Creator:
Smith, Chesterfield H., 1917-2003
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Box: 134
Folder: Speeches by Chesterfield - Vol. XVIII, 250-257. 1983-1986

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University of Florida
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All applicable rights reserved by the source institution and holding location.
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sobekcm - AA00006011_00001
System ID:
AA00006011:00001

Full Text









VOLUME XVIII

#250 REMARKS OF CHESTERFIELD SMITH
BEFORE SPRING 1983 FLORIDA CIRCUIT
CONFERENCE
Sheraton Sand Key Hotel
Clearwater, Florida
Tuesday, June 7, 1983 1:30 P.M.
"THE COMPLETE COMPLEX LITIGATION
TRIAL JUDGE--A PROTOTYPE AS
VIEWED BY A TRIAL LAWYER"

#251 REMARKS OF CHESTERFIELD SMITH
AT NATIONAL CONFERENCE OF BAR
PRESIDENTS PROGRAM
ABA ANNUAL MEETING
Atlanta, Georgia
July 30, 1983
(Program on ABA Policy and Politics)


#252 REMARKS OF CHESTERFIELD SMITH
BEFORE PHI DELTA PHI HOMECOMING
BREAKFAST
Gainesville, Florida
Saturday, October 22, 1983
"REFLECTIONS ON THE UNIVERSITY
OF FLORIDA COLLEGE OF LAW"

#253 RESPONSE OF CHESTERFIELD SMITH
RE. RECEIPT OF LEARNED HAND AWARD
BY THE AMERICAN JEWISH COMMITTEE
Miami, Florida
Tuesday, March 27, 1984 6:00 P.M.



#254 REMARKS OF CHESTERFIELD SMITH
AT LUNCHEON HONORING GLADYS AND
F. ELGIN BAYLESS, SR.
Lakeland, Florida
Wednesday, March 28, 1984 12:00 noon













VOLUME XVIII


#255 REMARKS OF CHESTERFIELD SMITH
BEFORE SOUTH DADE DEMOCRATIC CLUB
Miami, Florida
Thursday, July 26, 1984 7:00 P.M.


#256 COMMENTS PREPARED FOR "THE TORCH" -
AN ACLU REPORT
ENTITLED: OVERBURDENED COURTS
September 15, 1984




#257 ADDRESS OF CHESTERFIELD SMITH
BEFORE 1984 GRADUATING CLASS
WOODROW WILSON COLLEGE OF LAW
Atlanta, Georgia
Sunday, October 7, 1984
3:00 P.M.


#258 ADDRESS OF CHESTERFIELD SMITH
BEFORE LAKELAND ROTARY CLUB
Lakeland, Florida
Tuesday, October 23, 1984
SUBJECT: NUCLEAR ARMS HOPE
STILL LIVES:

#259 ADDRESS OF CHESTERFIELD SMITH
BEFORE: CEREMONIES HONORING
JAMES THOMAS VOCELLE CONDUCTED BY
INDIAN RIVER COUNTY BAR ASSOCIATION
Vero Beach, Florida
Thursday, November 29, 1984 12:00 noon


#260 ADDRESS.OF CHESTERFIELD SMITH
BEFORE INVESTITURE OF ROSEMARY
USHER JONES
JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT
OF FLORIDA
Miami, Florida
Thursday, January 17, 1985 12:15 P.M.













VOLUME XVIII


#261 ADDRESS OF CHESTERFIELD SMITH
BEFORE ORANGE COUNTY BAR ASSOCIATION
LAW DAY LUNCHEON
ORLANDO, FLORIDA
12:00 noon May 1, 1985
TITLE: RANDOM CURRENT THOUGHTS OF
A TRIAL LAWYER ABOUT LIBERTY
AND JUSTICE FOR ALL



#262 INTRODUCTION OF STEVE PAJCIC AT
HIS KICK-OFF CAMPAIGN FOR GOVERNOR
OF FLORIDA September 18, 1985


#263 MASTER OF CEREMONIES FOR HOMER
HOOKS RETIREMENT ROAST -
November 1, 1985


#264 INTRODUCTION OF EDWARD SEAGA, PRIME
MINISTER OF JAMAICA
November 20, 1985


#265 ADDRESS OF CHESTERFIELD SMITH
BEFORE PATENT LAW ASSOCIATION
NORTH MIAMI, FLORIDA
Tuesday, December 10, 1985
TITLE: HOW LAW FIRMS AND LAWYERS
WILL BE PRACTICING INTO
THE NEXT CENTURY

#266 REMARKS OF CHESTERFIELD SMITH
AT INVESTITURE OF CELESTE HARDEE MUIR,
JUDGE OF THE COUNTY COURT OF DADE
COUNTY, FLORIDA
Miami, Florida
12:00 noon January 17, 1986

#267 ADDRESS OF CHESTERFIELD SMITH
BEFORE BOARD OF VISITORS -
UNIVERSITY OF MIAMI SCHOOL OF LAW
Friday, February 21, 1986
TITLE: HOW LAW FIRMS AND LAWYERS WILL
BE PRACTICING INTO THE NEXT
CENTURY








SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 250


VOLUME XVIII













REMARKS OF: CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA



BEFORE: SPRING 1983 FLORIDA CIRCUIT

CONFERENCE

SHERATON SAND KEY HOTEL

CLEARWATER, FLORIDA



DATE: TUESDAY, JUNE 7, 1983

1:30 P.M.



TITLE: THE COMPLETE COMPLEX LITIGATION

TRIAL JUDGE--A PROTOTYPE AS VIEWED

BY A TRIAL LAWYER










TIME: ONE HOUR TWENTY-FIVE MINUTES










BY INVITING ME HERE TODAY---JUDGE ABEL HAS GIVEN ME


A UNIQUE OPPORTUNITY---WHICH I APPRECIATE. AFTER


THIRTY-FIVE YEARS OF PRACTICING LAW---AND BEING TOLD


WHAT JUDGES EXPECT OF ME---I NOW HAVE THE OPPORTUNITY


TO TELL YOU WHAT A TRIAL ATTORNEY EXPECTS OF A JUDGE.





THE PRACTICE OF LAW HAS CHANGED DRAMATICALLY SINCE


I STARTED OUT AS A COUNTRY LAWYER IN BARTOW, FLORIDA.


IT HAS CHANGED IN TERMS OF THE PEOPLE'S PERCEPTION OF


THE LAW AND ITS FUNCTIONS. IT HAS CHANGED IN TERMS OF


THE KINDS OF LAWSUITS BROUGHT. AND IT HAS CHANGED IN


TERMS OF THE PERCEPTION---BY LAWYERS AND LAYMEN---OF


THE JUDICIAL FUNCTION. ALL OF THESE CHANGES ARE


INTERTWINED WITH EACH OTHER AND WITH THE DEVELOPMENT










OF WHAT HAS BEEN REFERRED TO TODAY AS COMPLEX


LITIGATION. I WILL---THEREFORE---SPEND A FEW MINUTES


DISCUSSING MY VIEWS OF THESE CHANGES.





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 HIGHER THAN THOSE REQUIRED BY


THE LAW---A DIRECTION WHICH HAS PROVEN IN THE LONG RUN










TO BE DEVASTATING FOR SOCIETY AS WELL AS THE RULE OF


LAW.





AMERICANS NOW ROUTINELY ASK THE LAW TO DETERMINE


RIGHT FROM WRONG---THE ETHICAL FROM THE UNETHICAL---


AND THE MORAL FROM 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 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.





GRANT GILMORE, A GREAT AMERICAN LEGAL PHILOSOPHER


EXPRESSED A SIMILAR VIEW WHEN HE WROTE:





"LAW REFLECTS BUT IN NO SENSE


DETERMINES THE MORAL WORTH OF A


SOCIETY. THE VALUES OF A REASONABLY


JUST SOCIETY WILL REFLECT THEMSELVES IN


A REASONABLY JUST LAW. THE BETTER THE


SOCIETY---THE LESS LAW THERE WILL BE. IN










HEAVEN THERE WILL BE NO LAW---AND THE


LION WILL LIE DOWN WITH THE LAMB. THE


VALUES OF AN UNJUST SOCIETY WILL


REFLECT THEMSELVES IN AN UNJUST LAW.


THE WORSE THE SOCIETY---THE MORE LAW


THERE WILL BE. IN HELL THERE WILL BE


NOTHING BUT LAW -- AND DUE PROCESS WILL


BE METICULOUSLY OBSERVED."


DURING MY OWN LIFETIME---THIS


RELIANCE ON THE LAW HAS LED TO A


RESPONSIBILITY FOR DEVELOPING THE MORES


EVER- INCREASING


SHIFT IN THE


OF THIS NATION'S










SOCIAL STRUCTURE. TO ACCEPT THE LAW


FORGIVES INDIVIDUALS FOR ALL BEHAVIOR


PROHIBITED BY LAW---AND AS A NECESSARY


PERMITS THEM TO USE THOSE MINIMUM LEGAL


ADVANCE THEIR OWN PURPOSES.


AS A FLOOR


WHICH IS NOT


COROLLARY---


STANDARDS TO


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 EACH PERSON ALWAYS


SEEKS TO USE THAT SYSTEM IN A WAY TO SECURE THE MOST


PERSONAL ADVANTAGE.





THE DEVELOPMENT OF THIS TREND TOWARD RELIANCE ON


THE LAW TO SUPPLY MORAL AND ETHICAL VALUES HAS BEEN


ACCOMPANIED BY---OR PERHAPS THE CAUSE OF---ANOTHER


TREND. 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 THE CITIZENS' CONSENSUS---IT APPEARS


THAT ALL SEGMENTS OF GOVERNMENT EXCEPT THE COURTS


DEFAULT---AND RESPONSIBLE JUDGES---STATE AS WELL AS


FEDERAL---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:


WHAT IS LIFE---OR WHEN DOES DEATH BEGIN? IS AN EXERCISE


OF THE ENVIRONMENTAL POLICE POWER REALLY ONLY A TAKING


OF PRIVATE PROPERTY BY GOVERNMENT WITHOUT


COMPENSATION TO THE DENIED OWNER? IS BI-LINGUALISM










DESTRUCTIVE OF THE NATIONAL CHARACTER? 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 KINDS OF


ISSUES---ISSUES WHICH PREVIOUSLY WOULD HAVE BEEN


SETTLED PRIVATELY---OR AT LEAST IN FORUMS OTHER THAN


THE COURTS.





RECENTLY---HOWEVER---SOME PEOPLE---AND I AM AMONG


THEM---HAVE COME TO REALIZE THAT THERE NEVER CAN BE A


FINAL RESOLUTION OF DAY-TO-DAY PROBLEMS IN ACTUAL LIFE










THROUGH LAW ALONE. HOPEFULLY---THIS REALIZATION WILL


SOON PERMEATE SOCIETY.





HOWEVER---I SERIOUSLY DOUBT WHETHER THE COMPLEX


LITIGATION WHICH HAS HIT OUR COURTS WILL SIGNIFICANTLY


DECREASE. THE INCREASING COMPLEXITIES OF OUR SOCIETY


LEAD INEVITABLY TO INCREASINGLY COMPLEX LAWSUITS.





I DO NOT EQUATE COMPLEXITY WITH UNMANAGEABILITY---


HOWEVER. AS I SEE IT---THERE IS NO LAWSUIT THAT CANNOT


BE REDUCED TO EASILY MANAGED COMPONENTS---AS LONG AS










THIS IS A GOAL ACTIVELY SOUGHT BY THE JUDGE AS WELL AS


THE LAWYERS AND PARTIES INVOLVED.





BASED UPON MY REVIEW OF THE AGENDA FOR THIS


PROGRAM--YOU HAVE ALREADY RECEIVED MUCH VALUABLE


INFORMATION REGARDING THE SPECIAL PROBLEMS POSED BY


COMPLEX LITIGATION---AND YOU ALSO HAVE RECEIVED MANY


VALUABLE SUGGESTIONS ABOUT WAYS TO HANDLE THESE KINDS


OF CASES.





I WILL NOT BE REPETITIOUS. I WILL NOT ATTEMPT TO


COMPREHENSIVELY COVER THE FIELD OF TECHNIQUES










AVAILABLE FOR THE MANAGEMENT OF COMPLEX LITIGATION. I


INSTEAD PROPOSE TO TELL YOU WHAT I---AS AN INDIVIDUAL


TRIAL LAWYER---THINK IS IMPORTANT.





IN MY VIEW---THE TWO KEYS TO A SUCCESSFUL COMPLEX


LITIGATION TRIAL JUDGE ARE FLEXIBILITY AND CONTROL. TO


USE THESE TOOLS EFFECTIVELY---AND ACHIEVE THE GOAL OF


MANAGEABILITY AND A FAIR AND JUST RESOLUTION OF THE


ISSUES PRESENTED IN COMPLEX LITIGATION---IT IS NECESSARY


TO DEPART FROM THE STEREOTYPE OF A JUDGE AS A


DETACHED UMPIRE. THE JUDGE CANNOT SIT BACK AND LET


THE PARTIES HAVE COMPLETE CONTROL OVER THE PROGRESS










OF THE CASE---STEPPING IN ONLY WHEN CALLED UPON BY


FORMAL MOTION TO RESOLVE DISPUTES. RATHER---THE JUDGE


MUST ASSUME AN ACTIVE ROLE IN THE LIGITATION FROM THE


OUTSET.





HE MUST CONTROL THE PROGRESS OF THE CASE---HE MUST


ASK THE PARTIES WHETHER THEY HAVE CONSIDERED FILING


PARTICULAR MOTIONS ON CERTAIN ISSUES---OR CONDUCTING


DISCOVERY IN A PARTICULAR WAY. THE IDEAL JUDGE CANNOT


AFFORD TO LET THE CASE DRIFT HITHER AND YON---FOR


PERHAPS YEARS---AS THE RESULT OF AN INEXPERIENCED


LAWYER---OR A CRAFTY AND DILATORY OPPOSING COUNSEL.










HE MUST BE INNOVATIVE---DRAWING UPON HIS EXPERIENCE TO


SUGGEST NEW METHODS WHICH MAY SPEED THE PRE-TRIAL


PROCEEDINGS ---AND RENDER THEM LESS COSTLY---AND WHICH


MAY ENHANCE THE EFFECTIVE PRESENTATION OF EVIDENCE FOR


BOTH PARTIES AT THE TRIAL ITSELF.





BY DEFINITION---A COMPLEX CASE INVOLVES MANY


VARIABLES. SOME CASES ARE COMPLEX STRICTLY BECAUSE OF


MANAGERIAL PROBLEMS---EXAMPLES INCLUDE SUITS INVOLVING


MANY PARTIES SUCH AS CLASS ACTIONS---SUITS INVOLVING


MULTIPLE COUNTER- AND CROSSCLAIMS---AND SUITS INVOLVING


MANY WITNESSES IN DISTANT LOCATIONS. OTHER CASES ARE










FACTUALLY COMPLEX---THEY INVOLVE NUMEROUS WITNESSES


AND EXHIBITS AND PERHAPS THE PRODUCTION OF HUNDREDS


OF THOUSANDS OF PAGES OF DOCUMENTS---AS WELL AS EXPERT


WITNESSES---TO PROVE HIGHLY TECHNICAL FACTS. OTHER


CASES ARE LEGALLY COMPLEX AND PRESENT THE DECISION


MAKER WITH MULTIPLE---OVERLAPPING---OR AMBIGUOUS LEGAL


ISSUES. OF COURSE---SOME CASES ARE COMPLEX IN ALL THREE


WAYS.





TRADITIONALLY---NONE OF THE ACTORS IN THE PRETRIAL


ARENA HAS TAKEN RESPONSIBILITY FOR CONTROL OF THE


SYSTEM AS A SYSTEM---EACH ACTOR HAS BEEN GOVERNED BY










HIS OWN SET OF INTERESTS AND PRESSURES. THIS LACK OF


CONTROL MANIFESTS ITSELF BY CREATING PROBLEMS IN THE


PRETRIAL DISCOVERY AREA---IN THE UNNECESSARY DELAY IN


REACHING A READY-FOR-TRIAL POSTURE---AND IN AN


UNNECESSARILY PROTRACTED TRIAL.





I FEEL THAT ONE REASON JUDGES HAVE FAILED TO TAKE


CONTROL IS THE DISPROPORTIONATE AMOUNT OF TIME THAT


MUST BE DEVOTED TO A BIG CASE. IT IS MY EXPERIENCE


THAT THE JUDGES OF THIS STATE WORK VERY HARD AND TRY


TO BE FAIR TO ALL THE PARTIES WHO COME BEFORE THEM.


THEREFORE---AND PERHAPS NOT UNREASONABLY---JUDGES










TEND TO RESENT THE DEMANDS PLACED UPON THEM BY BIG


CASES---THE DEMANDS THAT CAUSE DELAY TO NUMEROUS


OTHER CASES THAT ARE EQUALLY IMPORTANT TO THOSE


PARTIES.





IT IS MY VIEW THAT JUDGES CAN ACTUALLY REDUCE THOSE


DEMANDS BY STEPPING INTO THE LITIGATION AT AN EARLY


STAGE---AND BY LETTING THE PARTIES AND COUNSEL KNOW


THAT THEY WILL BE INVOLVED AND WILL NOT TOLERATE SUCH


TACTICS AS EVASIVE AND INCOMPLETE RESPONSES TO


DISCOVERY PROBES---OR OVERDISCOVERY AND HARASSMENT.










AN EARLY "CASE MANAGEMENT" CONFERENCE CAN DO MUCH TO


SET THE TONE OF PRETRIAL PREPARATION.





THE CIVIL PROCEDURE RULES COMMITTEE OF THE FLORIDA


BAR HAS RECENTLY PROPOSED AN AMENDMENT TO RULE 1.200


WHICH SPECIFICALLY AUTHORIZES SUCH A CASE MANAGEMENT


CONFERENCE. IT PROVIDES:





"AT ANY TIME AFTER RESPONSIVE PLEADINGS


OR MOTIONS ARE DUE---THE COURT MAY


ITSELF---OR ON MOTION OF A PARTY---


CONVENE A CASE MANAGEMENT CONFERENCE.










THE MATTER


SPECIFIED IN


CONFERENCE.


COURT MAY:


TO


THE


AT


BE CONSIDERED SHALL BE


ORDER SETTING THE


SUCH A CONFERENCE THE


(1) SCHEDULE OR RESCHEDULE THE SERVICE


OF MOTIONS---PLEADINGS---AND OTHER


PAPERS9-




(2) SET OR RESET THE TIME OF TRIALS;










(3) COORDINATE THE PROGRESS OF THE


ACTION IF COMPLEX LITIGATION FACTORS


ARE PRESENT;





(4) LIMIT---SCHEDULE---ORDER---OR


EXPEDITE DISCOVERY;





(5) SCHEDULE OR HEAR MOTIONS IN LIMINE;


(6) PURSUE


SETTLEMENT;


THE


POSSIBILITIES









(7) REQUIRE FILING OF PRELIMINARY


STIPULATIONS IF ISSUES CAN BE NARROWED;





(8) CONSIDER REFERRING ISSUES TO A


MASTER FOR FINDINGS OF FACT;





(9) SCHEDULE OTHER CONFERENCES OR


DETERMINE OTHER MATTERS THAT MAY AID


IN THE DISPOSITION OF THE ACTION.




I WHOLEHEARTEDLY ENDORSE T"*AMENDMENT. I ALSO


SHARE THE VIEW EXPRESSED IN THE ADVISORY COMMITTEE










NOTE THAT ALL OF THE MATTERS THAT THE COURT CAN DO


UNDER THE CASE MANAGEMENT CONFERENCE CAN BE DONE AT


THE PRESENT TIME---EITHER UNDER OTHER RULES OR BECAUSE


OF THE COURT'S INHERENT AUTHORITY TO CONTROL ITS


DOCKET. THE AMENDMENT IS IMPORTANT---HOWEVER---


BECAUSE IT SERVES TO ENCOURAGE JUDGES TO MAKE ACTIVE


USE OF THEIR AUTHORITY.





I THINK THAT THE JUDGE IN A COMPLEX CASE OUGHT TO


USE AN EARLY CONFERENCE TO BECOME FAMILIAR---IN AT


LEAST A GENERAL WAY---WITH THE LEGAL AND FACTUAL


ISSUES. ONE OF THE BIGGEST PROBLEMS THAT CAN ARISE---IN










TERMS OF UNNECESSARY DELAY AND UNNECESSARY EXPENSE---


CONCERNS DISCOVERY. IT HAS BEEN WIDELY RECOGNIZED


THAT THE CURRENT DISCOVERY RULES ARE EASILY ABUSED.


IN ADDITION TO "ABUSE" HOWEVER---MUCH OF THE DELAY MAY


BE CAUSED BY LEGITIMATE DISPUTES OVER SUCH MATTERS AS


WORK PRODUCT OR OTHER QUESTIONS OF PRIVILEGE---OR THE


BURDENSOMENESS OF THE R JE5T.I T IS DIFFICULT ..FOR A


JUDGE TO RESOLVE THESE MATTERS UNLESS HE IS /FAMILIAR


WITH THE CASE. IN A COMPLEX CASE THIS NEEDED


FAMILIARITY MAY TAKE A SUBSTANTIAL AMOUNT OF TIME. I


THEREFORE RECOMMEND THAT JUDGES BECOME GENERALLY


FAMILIAR WITH A CASE FROM THE OUTSET. I RECOMMEND ALSO










THAT THE JUDGE APPOINT A MASTER TO CONTROL THE


PRETRIAL PHASE OF DISCOVERY.





THE USE OF A MASTER CAN CUT DOWN---SIGNIFICANTLY---


THE AMOUNT OF TIME REQUIRED TO RULE ON DISCOVERY


MATTERS. THE MASTER CAN HELP THE JUDGE MONITOR THE


PROGRESS OF A CASE BY SUBMITTING PERIODIC REPORTS. THE


GENERAL FAMILIARITY OF THE JUDGE WITH THE CASE WILL


PERMIT EXPEDITIOUS AND INFORMED RULINGS ON ANY APPEALS


FROM THE RULINGS OF THE MASTER.










THIS FAMILIARITY WILL ALSO ENABLE A FASTER


RESOLUTION OF OTHER MOTIONS---SUCH AS MOTIONS FOR


PARTIAL SUMMARY JUDGMENT.





I STRONGLY ENCOURAGE THE USE OF PARTIAL SUMMARY


JUDGMENTS---WHERE APPROPRIATE---TO NARROW THE ULTIMATE


NUMBER OF ISSUES THAT MUST BE RESOLVED AT TRIAL. THEY


CAN BE PARTICULARLY USEFUL IN LIMITING THE NUMBER OF


CLAIMS OR AFFIRMATIVE DEFENSES. IN THIS REGARD---JUDGES


SHOULD BE COURAGEOUS---AND FLEXIBLE. I EVEN RECOMMEND


CONFERENCES TO DISCUSS THE POSSIBILITY OF SUMMARY










JUDGMENT BEFORE A PARTY MAKES THE MOTION. THE MASTER


CAN BE USEFUL IN THIS REGARD.





PRETRIAL BRIEFS---WHICH CAN BE REVISED


PERIODICALLY---SHOULD BE REQUIRED EARLY ON. THIS


FORCES COUNSEL FOR BOTH PARTIES TO FORMULATE THE


ISSUES---AND NOT PURSUE DISCOVERY WILLY-NILLY---


DETERMINED TO EXPLORE EVERYTHING THAT MAY POSSIBLY BE


PERCEIVED AS POTENTIALLY RELEVANT. THE DESIRE BY


COUNSEL TO LEAVE NO STONE UNTURNED IS HEIGHTENED IN


COMPLEX CASES---WHICH FREQUENTLY INVOLVE HUGE SUMS OF


MONEY. AT TIMES---THIS DILIGENCE MAY BE COMMENDABLE.










OTHER TIMES---AND4FREQUENT TIMES---IT MERELY RESULTS IN


THE WASTE OF RESOURCES FROM THE PARTIES---FROM NON-


PARTY WITNESSES---FROM COUNSEL---AND FROM THE JUDGE.


BY FORCING COUNSEL TO CAREFULLY ANALYZE THE LEGAL


ISSUES IN THE CASE EARLY IN THE PROCEEDINGS---AND BY


LIMITING DISCOVERY AT THE OUTSET---THE COURT CAN FORCE


CONSERVATION OF THESE RESOURCES.





I BELIEVE THAT JUDGES HAVE A RESPONSIBILITY---LIKE


OTHER MEMBERS OF THE BAR---TO HELP TRAIN YOUNGER OR


INEXPERIENCED LAWYERS. THE JUDGE---AND THE MASTER---


CAN USE THE CASE MANAGEMENT DEVICES TO ACCOMPLISH THIS










PURPOSE. -H- CAN POINT OUT AND SUGGEST TECHNIQUES OR


DISCOVERY DEVICES THE LESS EXPERIENCED ATTORNEY MAY


HAVE OVERLOOKED. EVEN MORE IMPORTANT---I BELIEVE---THE


JUDGE CAN USE HIS INFLUENCE TO FOSTER AN ATTITUDE OF


PROFESSIONALISM. TOO OFTEN---YOUNG ATTORNEYS ARE


ENCOURAGED---SOMETIMES BY THEIR CLIENTS---SOMETIMES BY


OLDER ATTORNEYS---TO ENGAGE IN SHARP PRACTICES---OR TO


FILE MOTIONS WHICH ARE BORDERLINE FRIVOLOUS---FOR THE


PRIMARY PURPOSE OF HARASSING THE OTHER SIDE. THE


"AUTOMATIC" MOTION TO DISMISS COMES READILY TO MIND.


THE JUDGE IS IN A UNIQUE POSITION TO DISCOURAGE THIS


BEHAVIOR---AND THE JUDGE---I BELIEVE---HAS A










RESPONSIBILITY TO DO THIS. IN COMPLEX CASES---WHICH


INVOLVE MANI-FOLD THE NUMBER OF MOTIONS AND HEARINGS


AS SIMPLE CASES---THIS RESPONSIBILITY IS HEIGHTENED.





AT THE SAME TIME---I BELIEVE THATCRITIQUES OF


PRESENTATIONS BY COUNSEL ARE IN ORDER. MANY TIMES


ATTORNEYS BELIEVE THAT---BECAUSE THEY WON A CONTESTED


ISSUE---THEIR PERFORMANCE AND STRATEGY WAS WONDERFUL.


I AM CERTAIN THAT YOU KNOW BETTER THAN I---THAT AN


ATTORNEY FREQUENTLY WINS DESPITE HIS PERFORMANCE AND


STRATEGY. YET---UNLESS INFORMED OF THIS---THE










CONTINUATION OF THESE POOR PRACTICES WILL BE


REINFORCED.





MY DISTINGUISHED COLLEAGUE---HENRY TRAWICK---HAS


WRITTEN IN HIS GUIDE TO FLORIDA PRACTICE AND PROCEDURE


THAT "THE ELABORATE PRELIMINARIES TO PRETRIAL THAT ARE


USED BY SOME JUDGES ARE A WASTE OF THE LAWYER'S TIME


AND THE CLIENT'S MONEY. THESE JUDGES FORGET IT IS THEIR


FUNCTION TO PRESIDE AT TRIALS." HE FURTHER NOTES THAT


"TOO MANY ATTORNEYS DO NOT ADEQUATELY PREPARE FOR


TRIAL. THEY RELY ON THE COURT TO SUPPLY THEIR LACK OF


DILIGENCE AT THE PRETRIAL CONFERENCE."










(IN PART---I DISAGREE. AN EARLY PRETRIAL


CONFERENCE---A CASE MANAGEMENT CONFERENCE---CAN BE


USED PROFITABLY TO FORCE THE ATTORNEYS TO BE


DILIGENT---AND TO GIVE DIRECTION TO THE PROGRESS OF THE


CASE. IN ADDITION---THE JUDGE SHOULD EXPLORE


SETTLEMENT---ALTHOUGH NOT COERCE SETTLEMENT.




A RECENT STUDY IDENTIFIED SPECIFIC ACTIVITIES A JUDGE


COULD ENGAGE IN TO PROMOTE SETTLEMENT. SOME OF THESE


I HAVE ALREADY MENTIONED---BUT THEY ARE WORTH


REITERATING. SOME OF THEM I DO NOT NECESSARILY










ADVOCATE FOR MOST CASES---BUT FOR SPECIFIC CASES THEY


MAY BE APPROPRIATE:





--- SETTING AND HOLDING TO A FIRM TRIAL


DATE EARLY IN THE LITIGATION.




--- REFUSING TO GRANT POSTPONEMENTS OR


RECESSES---ONCE THE DAY OF TRIAL


HAS BEEN REACHED---TO DISCUSS


SETTLEMENT---UNLESS THE CASE TAKES


AN UNEXPECTED TURN.










-- ASSESSING THE COSTS OF EMPANELING A


JURY AGAINST PARTIES OR COUNSEL WHO


UNREASONABLY DELAY SETTLEMENT


UNTIL THE DAY OF TRIAL.





--- INITIATING SETTLEMENT DISCUSSION


ONCE THE PARTIES HAVE HAD AN


OPPORTUNITY TO EVALUATE THE CASE.





--- DISCUSSING PREVIOUSLY TRIED CASES


DURING SETTLEMENT DISCUSSIONS AS A










DEVICE TO PUT THE CURRENT CASE IN A


BETTER PERSPECTIVE.





--- UNDERTAKING AN INSURANCE-LIKE


ANALYSIS OF LIABILITY AND DAMAGES


DURING THE SETTLEMENT DISCUSSIONS.





--- SUGGESTING A FAIR SETTLEMENT FIGURE


DURING SETTLEMENT DISCUSSIONS.










--- INCLUDING THE ACTUAL PARTIES IN THE


SETTLEMENT DISCUSSIONS (ALONG WITH


THE ATTORNEYS).




--- MEETING SEPARATELY WITH EACH SIDE


TO EXPLORE THE POSSIBILITIES AND


TERMS OF SETTLEMENT.




--- CONDUCTING A PRELIMINARY PRETRIAL


CONFERENCE SHORTLY AFTER THE CASE


Z? FILED.










--- ESTABLISHING A TIME SCHEDULE TO


REGULATE AND EXPEDITE THE


DISCOVERY PROCESS.


- PLACING LIMITS ON THE SCOPE,


DURATION, AND EXTENSIVENESS OF


DISCOVERY WITHOUT WAITING FOR


REQUESTS FOR SUCH ACTION FROM THE


PARTIES.










--- HOLDING REGULAR HEARINGS OR


CONFERENCES TO MONITOR THE


PROGRESS OF THE CASE.





THIS STUDY---WHICH WAS UNDERTAKEN BY HERBERT


KRITZER---AN ASSOCIATE PROFESSOR OF POLITICAL SCIENCE


AT THE UNIVERSITY OF WISCONSIN---INDICATED THAT AT THE


PRESENT TIME MO ENGAGE IN LOW-INTENSITY INTERVENTIONS


FREQUENTLY AND SELDOM, IF EVER, USE THE MORE INTENSIVE


TYPES.










THUS---THE KIND OF INTERVENTION I ADVOCATE WOULD


RESULT---SOMEWHAT---IN A CHANGE OF THE JUDICIAL ROLE.


BUT IT IS NOT A REVOLUTIONARY CHANGE---IT IS A CHANGE


IN DEGREE RATHER THAN A CHANGE IN KIND. THE CHANGE IN


THE BUSINESS BROUGHT BEFORE THE COURT---THE INCREASING


COMPLEXITY OF EVEN THE SO-CALLED "SIMPLE---NON-COMPLEX"


CASES---MANDATES THIS CHANGE IN JUDICIAL FUNCTION.





I ALSO ADVOCATE THE USE OF TELEPHONE CONFERENCES


BETWEEN THE JUDGE OR THE MASTER AND THE PARTIES---ON A


PRE-ARRANGED BASIS. I DON'T INTEND FOR THE PARTIES TO


BE ABLE TO CALL THE JUDGE EVERY FIVE MINUTES TO RESOLVE










A MINOR SQUABBLE. I DO BELIEVE---HOWEVER---THAT ACCESS


TO THE JUDGE IS VERY IMPORTANT IN THE EXPEDITIOUS


HANDLING OF BIG CASES. TELEPHONE ACCESS CAN BE


QUICKER AND EASIER TO ARRANGE THAN IN-PERSON COURT


APPEARANCES. IN 1981---AN EXPERIMENT WAS CONDUCTED TO


INTRODUCE TELEPHONE HEARINGS IN COLORADO AND NEW


JERSEY. AFTER EIGHT MONTHS---OVER 50% OF THE ATTORNEYS


IN EACH LOCATION WERE VERY SATISFIED WITH THE USE OF


SUCH HEARINGS---AND 84% WERE AT LEAST SOMEWHAT


SATISFIED.










I ALSO BELIEVE THAT JUDGES SHOULD REQUIRE WRITTEN


MEMORANDA IN SUPPORT OF AND IN OPPOSITION TO MOTIONS.


THIS WILL ELIMINATE MUCH OF THE "SURPRISE TACTIC" THAT


IS STILL EMPLOYED BY MANY COUNSEL. IT ALSO HELPS TO


FOCUS THE ISSUES BEFORE THE COURT.





I ALSO ADVOCATE THE MORE FREQUENT i"AE OF


Q SANCTIONS. DON'T WAIT UNTIL THE END OF THE LITIGATION


TO IMPOSE SANCTIONS FOR DISCOVERY OR OTHER ABUSES. IT


IS TRUE THAT WITH THE HIGH RATE OF SETTLEMENT THIS


PROCESS OF WAITING UNTIL THE END WILL FREQUENTLY


ELIMINATE THE NEED OF EVER REACHING THE ISSUE.










HOWEVER---IN THE INTERIM---TI- PRACTICE ENCOURAGES


LAWYERS TO ENGAGE IN SHARP PRACTICES. I RECOGNIZE THE


NEED TO BE SOMEWHAT TOLERANT OF YOUNGER OR


INEXPERIENCED LAWYERS. BUT---UNDER APPROPRIATE


CIRCUMSTANCES---THE USE OF SANCTIONS IS THE SINGLE MOST


EFFECTIVE WAY TO ELIMINATE DISCOVERY ABUSES. AND---IN


SOME CIRCUMSTANCES---PERHAPS THE PARTY---AS WELL AS


THE ATTORNEY---SHOULD BE COMPELLED TO ATTEND THE


HEARING.





ANOTHER PROBLEM I HAVE ENCOUNTERED RELATES TO THE


AMENDMENT OF PLEADINGS. IN MY VIEW---ONE AMENDMENT










SHOULD BE ALMOST ROUTINELY ALLOWED. TWO AMENDMENTS


MAY BE NEEDED---OR---IN AN EXCEPTIONAL CASE PERHAPS A


PARTY SHOULD BE ALLOWED TO AMEND FOR A THIRD TIME.


TOO FREQUENTLY---HOWEVER---BEFORE YOU CAN KILL A


COMPLAINT OR COUNTERCLAIM OR AFFIRMATIVE DEFENSE---YOU


HAVE TO HIT IT SIX OR SEVEN TIMES. THIS DRAGS OUT A


CASE TOO LONG--AND ENCOURAGES SLOPPY AND OFF-THE-CUFF


PLEADING.





FLORIDA PRACTICE---UNLIKE FEDERAL PRACTICE---WISELY


REQUIRES MORE THAN MERE NOTICE PLEADING. THE COURTS










SHOULD CONTINUE TO ENFORCE THIS PRACTICE---AND NOT


UNDERMINE IT BY PERMITTING COUNTLESS AMENDMENTS.





ANOTHER DEVICE THAT MAY BE USED TO GREAT


ADVANTAGE IN COMPLEX CASES IS THAT OF SEPARATE TRIALS.


UNDER RULE 1.270, THE JUDGE CAN---IN FURTHERANCE OF


CONVENIENCE---OR TO AVOID PREJUDICE---ORDER A SEPARATE


TRIAL OF ANY CLAIM---CROSS-CLAIM---COUNTERCLAIM OR


THIRD PARTY CLAIM---OR OF ANY SEPARATE ISSUE. IN THE


APPROPRIATE CASE, THE TRIAL OF ONE THRESHOLD ISSUE


MAY BE MUCH SIMPLER THAN THE REMAINDER OF THE CASE---


AND MAY BE DISPOSITIVE. LTNr" Al IPrWL- ,N MY OFFICE---









AND PtS OPPOSING COUNSEL---ONCE AGREED THAT A TRIAL ON


DAMAGES AT THE OUTSET WOULD GREATLY CLARIFY THE STEPS


THAT NEEDED TO BE TAKEN TO PREPARE FOR THE TRIAL ON


LIABILITY---AND PERHAPS EVEN RESULT IN A SETTLEMENT.





I ADVOCATE GREAT FLEXIBILITY ON THE PART OF THE


TRIAL JUDGE TO TRY THE CASE--WHERE APPROPRIATE- --IN


STAGES. THIS MAY NOT APPLY TO THE VAST MAJORITY OF


THE CASES BEFORE YOU---BUT IN THE APPROPRIATE COMPLEX


CASE---IT CAN SAVE THE JUDGE AND THE ATTORNEYS A


SIGNIFICANT AMOUNT OF TIME.










SOMETIMES SEPARATE TRIALS MAY NOT BE APPROPRIATE


BECAUSE THE RESOLUTION OF A SUCCESSIVE ISSUE MAY


REQUIRE MUCH OF THE SAME EVIDENCE. IN A COMPLEX


CASE---HOWEVER---A FLEXIBLE AND CREATIVE JUDGE MAY


REQUIRE THE JURY TO DELIBERATE ON THE FIRST ISSUE


BEFORE THE REMAINING EVIDENCE IS PRESENTED ON OTHER


ISSUES. OR---IF THE OVERLAP IS TOO GREAT---THE JURY MAY


HEAR ALL THE EVIDENCE---BUT BE INSTRUCTED ON ONE ISSUE


AT A TIME---TO AVOID CONFUSION.





IT ALSO MAY BE HELPFUL TO GIVE GENERAL INSTRUCTIONS


ON THE LAW AT THE BEGINNING OF THE CASE---AND SOMETIMES










DURING THE COURSE OF THE TRIAL---AS WELL AS AT THE END.


TOO FREQUENTLY---I BELIEVE---THE JURY DOES NOT KNOW THE


SIGNIFICANCE OF A PARTICULAR LINE OF EVIDENCE UNTIL THE


END OF THE CASE. IN THEIR COURT-IMPOSED IGNORANCE---


THE JURORS MAY MENTALLY DISMISS THIS EVIDENCE AS


IRRELEVANT. WHEN INSTRUCTIONS ON THE LAW FINALLY ARE


GIVEN---THE JURORS MAY NOT BE ABLE TO RECALL CRUCIAL


ASPECTS OF THE EVIDENCE THEY---IN THEIR PRIOR


IGNORANCE---CONSIDERED UNREMARKABLE.





PERMITTING BRIEF STATEMENTS BY BOTH COUNSEL DURING


THE COURSE OF THE TRIAL---AS WELL AS THE TRADITIONAL










OPENING AND CLOSING---CAN ALSO FACILITATE THE JURY'S


UNDERSTANDING OF COMPLEX ISSUES.





FINALLY---I ENDORSE THE USE OF SPECIAL VERDICT FORMS.


I HAVE HEARD OBJECTIONS TO THE USE OF THESE FORMS ON


THE GROUNDS THAT THEY MAY DEMONSTRATE THE CONFUSION


OF THE JURY. AS I SEE IT---IF THE JURY IS CONFUSED---


THAT IS PRECISELY WHAT YOU NEED TO FIND OUT.





THERE IS A HEIRARCHY OF DECISIONS IN EVERY JURY


TRIAL. AS EVERY SUCCESSFUL FRESHMAN LAW STUDENT


KNOWS---THESE HEIRARCHIES MUST BE USED TO LOGICALLY









RESOLVE LEGAL DISPUTES. VERDICT FORMS---PARTICULARLY


IN COMPLEX CASES---SHOULD BE USED TO SPELL OUT THESE


HEIRARCHIES AND THEREBY FORCE THE JURY TO RESOLVE


MATTERS IN AN ORGANIZED AND LOGICAL MANNER.





IN SUMMARY---THEREFORE---COMPLEX CASES PRESENT MANY


CHALLENGES TO THE TRIAL JUDGE---AS WELL AS THE


ATTOI-EYS. BY USING AVAILABLE OPTIONS---HOWEVER---THE


FLEXIBLE JUDGE WHO STAYS ACTIVELY INVOLVED IN THE CASE


CAN HAVE A TREMENDOUS IMPACT ON THE MANAGEABILITY OF


THESE CASES.










YOU MAY FEEL THAT I HAVE PLACED A TREMENDOUS


BURDEN ON TRIAL JUDGES. INDEED---I BELIEVE I HAVE. I


WISH TO EMPHASIZE---HOWEVER---THAT BY ADVOCATING


GREATER JUDICIAL CONTROL AND INVOLVEMENT---I DO NOT


INTEND TO ABSOLVE ATTORNEYS OF THEIR RESPONSIBILITIES.


I WHOLEHEARTEDLY ENDORSE---FOR EXAMPLE---THE PROPOSED


AMENDMENT OF RULE 11 OF THE FEDERAL RULES OF CIVIL


PROCEDURE---WHICH PROVIDES THAT THE SIGNATURE OF AN


ATTORNEY "CONSTITUTES A CERTIFICATE BY HIM THAT HE HAS


READ THE PLEADING; THAT TO THE BEST OF HIS KNOWLEDGE---


INFORMATION---AND BELIEF---FORMED AFTER REASONABLE


INQUIRY---IT IS WELL GROUNDED IN FACT AND IS WARRANTED










BY EXISTING LAW---OR A GOOD FAITH AGREEMENT FOR THE


EXTENSION---MODIFICATION---OR REVERSAL OF EXISTING LAW;


AND THAT IT IS NOT INTERPOSED PRIMARILY FOR ANY


IMPROPER PURPOSE---SUCH AS TO HARASS---TO CAUSE


DELAY---OR TO INCREASE THE COST OF LITIGATION. IF A


PLEADING IS SIGNED IN VIOLATION OF THIS RULE---THE


COURT---UPON MOTION OR UPON ITS OWN INITIATIVE---SHALL


IMPOSE UPON THE PERSON WHO SIGNED IT---A REPRESENTED


PARTY---OR BOTH---AN APPROPRIATE SANCTION---WHICH MAY


INCLUDE AN ORDER TO PAY TO THE OTHER PARTY THE AMOUNT


OF THE REASONABLE EXPENSES INCURRED BECAUSE OF THE


FILING OF THE PLEADING---INCLUDING ATTORNEY'S FEES."










THIS RULE IS INTENDED TO IMPOSE GREATER OBLIGATIONS ON


ATTORNEYS IN FEDERAL PRACTICE---AND ENCOURAGE THE


GREATER USE OF SANCTIONS BY JUDGES. I WOULD ENDORSE A


SIMILAR RULE FOR FLORIDA PRACTICE---AND SUGGEST THAT


JUDGES ALREADY HAVE THIS POWER.





IN MY VIEW---ATTORNEYS HAVE AN ETHICAL OBLIGATION


TO SEE THAT THE LEGAL SYSTEM FUNCTIONS IN THE FAIREST


AND MOST EFFICIENT MANNER POSSIBLE. HOWEVER---WHAT IS


FAIR---AND WHAT IS MOST EFFICIENT---IS NOT CLEAR-CUT.


THE BOTTOM LINE IS---THAT AS A JUDGE---YOUR WORD IS


LAW. YOU HAVE THE POWER THAT ATTORNEYS DO NOT









POSSESS---AND CAN USE IT WISELY IN A VARIETY OF WAYS TO


AID THE JUST AND SPEEDY RESOLUTION OF COMPLEX DISPUTES.




























54


000000000/10208:33
06/05/83








SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 251


VOLUME XVIII










The pressures of America's complex society are such that it

has become a nation of organizations in the sciences in

communications in education and in the professions. America

is so big and so diverse that no longer can there be an effective

national voice without a platform. It is especially important

that this basic truth be recognized as it applies to the lawyer -

and particularly to bar associations. While there still are

occasions when the individual lawyer can and should speak out

as a lawyer and as a citizen that lawyer can no longer acting

alone wield the influence necessary to achieve solutions for

large problems. A lawyer may provide leadership and inspiration -

and sometimes influence others by example but it is primarily

through participation in the work of the organized bar that the

lawyer can best make a contribution.



An essential corollary is that if the organized bar is to

make a meaningful impact on the serious issues before our society -

a working partnership must be established among all the bar

associations and other legal organizations in the entire country.

To put it directly voluntary cooperative relationship among

those associations and organizations as represented in the house

of delegates of the American Bar Association is an indispensable

factor in the function of the bar as a national force in American

life.



From the standpoint of the ABA very few of its major

programs would get far without the active support of the state








and local bars. While there are countless examples of this inter-

dependence, the influence of the state and local bar associations

is by no means limited to support of programs initiated by the

aba. Often the initiative in bar activities comes from the states

and localities in many instances the state and local bar associ-

ations have first instituted projects which the aba then embraced.



The legal profession has been fortunate that there has

evolved over the years this process of sharing ideas or jointly

implementing them and that the relationship has grown progressively

closer in an era when large obligations make unity of purpose and

action so essential.



Long ago in 1971 Chief Justice Warren Burger at Williamsburg,

Virginia while suggesting the creation of a national center for

state courts recognized the union of the aba with the state bar

associations by stating:



"The American Bar Association is a force for

enormous almost unlimited good with respect to

every problem in the administration of justice.

It is a force that cannot be directed or controlled

by a particular group or any selfish interest

because it includes approximately 150,000 lawyers

and judges and law professors representing 1,700

state and local bar associations and other legal

groups. Its governing body the house of delegates

represents 90% of all the practicing lawyers in this

country. I mention these factors because the American







Bar Association is essentially a grass-roots institution

whose components spring from the 50 states. The facilities

and power the influence and prestige of this association

are literally on the door step of every state capital

through the state bar association and that power and

influence can be put to work in terms of achieving the

objectives I have suggested to you."



The unusual character of the aba house of delegates is

extremely important in effectuating the voluntary partnership of

the more than 1,800 state and locar bar associations and all of

the other legal organizations it embraces. It is called the

aba house of delegates but in reality it is the policy-making

body not only of the 300,000 dues-paying members of the aba but

also of the almost 600,000 lawyers in the United States.



Of the 383 members of the aba house of delegates as it was

constituted this year 159 are delegates representing the state

bar associations 41 are delegates representing the large local

bar associations 19 are delegates representing the affiliated

national legal organizations and 4 are ex-officio members who

serve because of their positions in the federal government -

a total of 219. Thus the delegates who sit in the house by

virtue of their aba positions totaling 164 constitute a distinct

minority of the membership of the house while those who represent

the state and local bar associations and affiliated national

legal groups make up a large majority.







This arrangement is unique among the national organizations

of the various professions. But certainly it has proved to be a

wise policy in terms of promoting cohesion in the legal profession.

It is important to bear in mind that while the policy decisions

of the house of delegates are binding upon the aba they are not

binding upon the state and local bar associations or the affiliated

national legal organizations. The latter are under no obligation

to adhere but as a matter of fact-they do so voluntarily with

rare exceptions. The ever increasing respect for the viewpoints and

the influence of the aba in congress is undoubtedly attributable

to the recognition among legislators and national leaders that

the aba house of delegates does indeed speak for the legal profession

as a whole.



It is vitally important to the programs of the aba that we

are able to say truthfully that the viewpoints of all segments of

the bar are represented in the deliberations of its house of

delegates. Just as a state bar speaks for the legal professions

in that state so the state bar through its delegates to the

aba house of delegates is part of the mechanism which makes it

possible for the aba to speak authentically for the legal profession

nationally.








SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 252


VOLUME XVIII











REMARKS OF:


BEFORE:


CHESTERFIELD SMITH
LAWYER
MIAMI, FLORIDA


PHI DELTA PHI
HOMECOMING BREAKFAST
GAINESVILLE, FLORIDA


SATURDAY, OCTOBER 22, 1983
7:00 A,M,


REFLECTIONS ON THE UNIVERSITY
OF FLORIDA COLLEGE OF LAW


DATE:


SUBJECT:


FIFTEEN MINUTES


TIME:










I HAVE HAD A LOVE AFFAIR WITH THE UNIVERSITY OF FLORIDA


COLLEGE OF LAW FOR AT LEAST. THIRTY-FIVE YEARS ONE THAT HAS


INCREASED IN ARDOR WITH THE PASSAGE OF TIME.


ALTHOUGH CERTAINLY


BASIS ENOUGH MY ENDURING ESTEEM FOR THE COLLEGE OF LAW IS BASED


UPON MORE THAN THE MEMORY OF THE VERY GOOD LEGAL EDUCATION THAT I


RECEIVED.


OVER THE YEARS.- I OBSERVED THE CONTINUED EXCELLENCE


OF THE COLLEGE OF LAW FROM DIVERSE PERSPECTIVES INCLUDING THE


QUALITY OF ITS STUDENTS ITS FACULTY AND ITS EDUCATIONAL PROGRAMS -


AS WELL AS THE SKILL AND COMMITMENT OF ITS GRADUATES A VERY GREAT


NUMBER OF WHOM I KNOW WELL AS FELLOW PRACTITIONERS AS JUDGES OR


AS GOVERNMENT OFFICIALS,


IN MY PRAISE FOR THIS PLACE OF LEGAL KNOWLEDGE FROM WHICH










WE SPRANG I DO NOT WANT TO BE CONFUSED WITH AN ATHLETE SELLING


SHAVING LOTION ON TELEVISION I REALLY DO USE THE PRODUCT. OF


THE APPROXIMATELY TWO HUNDRED LAW CLERKS. THAT HAVE BEEN EMPLOYED


BY HOLLAND & KNIGHT DURING MY TWENTY-SIX YEARS AS ITS LEADER MORE


THAN HALF HAVE BEEN GRADUATES OF THE FLORIDA LAW SCHOOL.


ALMOST


ALL OF THEM HAVE BEEN DEDICATED AND EXTREMELY TALENTED LAWYERS -


ENDOWED NOT ONLY WITH IMPRESSIVE LEGAL SKILLS BUT ALSO WITH A STRONG


SENSE OF THE INTEGRITY AND. VITAL IMPORTANCE OF THE LEGAL PROFESSION.


AT PRESENT THERE ARE EIGHTY LAWYERS CONNECTED WITH HOLLAND & KNIGHT


WHO ARE GRADUATES OF THIS LAW SCHOOL.


I AM THUS EXTREMELY


GRATEFUL TO HAVE HAD THE CONTINUING OPPORTUNITY TO TAP THE COLLEGE


OF LAW'S MOST IMPORTANT RESOURCE ITS GRADUATES AND ALSO THROUGH


-2-










THEIR INSIGHTS AND OBSERVATIONS TO CONTINUE MYSELF TO PARTICIPATE


VICARIOUSLY YET REGULARLY IN STUDENT PERSPECTIVES OVER THE LAST


THREE AND ONE-HALF DECADES.


SO HAVING THUS BEEN FOR MANY YEARS IN EFFECT AN ALUMNUS


AND A STUDENT OF SORTS AT THE SAME TIME AS WELL AS A HIGH-VOLUME


EMPLOYER OF ITS GRADUATES I OFFER MY REFLECTIONS UPON THE HOLLAND


LAW CENTER ITS STUDENTS GRADUATES FACULTY AND OTHERS WHO


BENEFIT MATERIALLY FROM ITS EXISTENCE. FOR BETTER OR WORSE I


CONCLUDE THAT THE UNIVERSITY OF FLORIDA AT THIS TIME AND AT THIS


DATE IS KNOWN IS REGARDED IN TRUTH IS A NATIONAL LAW SCHOOL,


DOES THIS MEAN THAT FLORIDA STUDENTS REFLECT THE POPULATION OF THE


OF COURSE NOT.


IT WOULD BE HARD TO FIND A MORE


-3-


NATION?










HOMOGENEOUS CREW OUTSIDE FLORIDA STATE PRISON AT RAIFORD.


NATIONAL LAW SCHOOL MEAN THAT ITS STUDENT BODY COMES FROM ACROSS


THE COUNTRY?


NO,


DOES IT MEAN THAT ITS GRADUATES WILL HAVE


PROFESSIONAL CAREERS FROM COAST-TO-COAST?


LIKELY,


POSSIBLY BUT NOT


SO WHAT DOES IT MEAN?


IT MEANS FOR GOOD OR ILL THAT ITS GRADUATES DO HAVE


THE PRIVILEGED OPPORTUNITY TO BE LEADERS IN THE LEGAL PROFESSION -


IN LEGAL ACADEMIA IN POLITICS LEADERS IN THE POWER CENTERS OF


THE NATION.


SOME HERE TODAY HAVE ASSUMED THAT LEADERSHIP -


THAT PRIVILEGE AND THAT RESPONSIBILITY,


YEARS,


OTHERS MAY WAIT A FEW


YET BY DINT OF THE LEGAL KNOWLEDGE OBTAINED HERE -


FLORIDA GRADUATES POSSESS THE ABILITY TO REFINE MANIPULATE OR


-4-


DOES A










EXPLOIT THE RULES WHICH GOVERN AMERICAN SOCIETY.


GRADUATES ARE OR SOON WILL BE IN A POSITION TO LEAD AND TO


INFLUENCE THE ENTIRE LEGAL PROFESSION AND THUS IMPACT JUSTICE


AND LIBERTY AND CITIZEN WELL-BEING.


LEAD?


HOW WILL FLORIDA GRADUATES


I PERSONALLY REJECT THE PREVAILING NOTION BEING BANDIED


ABOUT THAT ONE OR EVEN A GROUP OF GOOD-INTENTIONED LAWYERS CAN DO


LITTLE ABOUT WRONGS INJUSTICES HUMAN SUFFERING MISERY AND


DEPRIVATIONS OF CIVIL LIBERTIES,


CERTAINLY I AM NOT SUGGESTING


THAT ANY FLORIDA GRADUATE OR EVEN ALL OF THEM CAN EFFECT


FUNDAMENTAL SHIFTS IN AMERICAN SOCIETY,


I EVEN WISH THAT I THOUGHT THEY COULD.


I WISH THAT THEY COULD -


WHAT I AM SUGGESTING IS


THAT EACH FLORIDA GRADUATE WITHOUT HEROISM BUT WITH FULLY


-5-


FLORIDA LAW










ACCEPTED RESPONSIBILITY CAN AT LEAST ALLEVIATE SOME OF THE


INJUSTICES ROUTINELY VISITED UPON SOME,


HOW?


IT CANNOT BE DONE WITH HAIR SHIRTS OR WITH PIETY -


OR WITH PONTIFICATIONS FROM A REMORSEFUL LAWYER FROM BRICKELL AVENUE


IN MIAMI.


ARE PRESENT:


IT CANNOT BE DONE UNLESS AT LEAST TWO ESSENTIAL QUALITIES


FIRST THE RESPONSIBLE FLORIDA GRADUATE MUST POSSESS


AN AWARENESS OF LIFE BEYOND THE NARROW CONFINES OF HIS OR HER DAILY


LAW PRACTICES BEYOND THE MYOPIA WHICH ALL TOO QUICKLY SETS LEGAL


LIVES,


SHE OR HE MUST DO MORE THAN SERVICE WELL-PAYING CLIENTS.


SECOND TO BE MEANINGFULLY USEFUL THAT AWARENESS MUST BE COMBINED


WITH A DISCIPLINED LEARNING OF THE CRAFTS OF THE LAW A KNOWLEDGE


OF HOW TO MAKE LAW WORK.


IT IS ONLY WITH EXCELLENCE OF EXECUTION


-6-










THAT FLORIDA GRADUATES WILL SERVE ADEQUATELY WHATEVER CLIENT THEY


HAVE BE IT THE SAD OR THE HAPPY THE HUMBLE OR THE BRAGGART THE


ECONOMICALLY BLESSED OR DEPRIVED THE WIDOW OR THE HUNGRY CHILD -


THE UNIVERSITY OF FLORIDA COLLEGE OF LAW FACULTY DECANAL SEARCH


AND SCREEN COMMITTEE MOBIL OIL CORPORATION OR THE CITY OF


HIALEAH OR HALLELUJAH EVEN THE FLORIDA PHOSPHATE COUNCIL.


I AM ONLY SAYING THE OBVIOUS,


IF FLORIDA GRADUATES ARE


GRADUATES OF A NATIONAL LAW SCHOOL THEY MUST HENCEFORTH REFLECT


WITH DIGNITY AND WITH HONOR AND WITH COMPASSION AND SOLICITUDE -


THE NOBLENESS AND. HISTORIC TRAIT.ION OF THEIR ALMA MATER.


THEY


MUST BE MORE THAN MERCHANTS OF LAW.. THEY MUST ALSO BE SERVANTS OF


THEIR STATUS NOW DOES NOT DEPEND ON GENETICS OR RACE -


JUSTICE.










OR GEOGRAPHY OR SEX OR POLITICAL PARTY,


ON AWARENESS OF THE NEED FOR LAW,


FLORIDA GRADUATES SIMPLY MUST


KNOW THE LEGAL NEEDS OF PEOPLE EVERYWHERE IN THIS STURDY LAND,


FLORIDA GRADUATES AS ADVOCATES FOR JUSTICE MUST FIRST SEE CLOSE-UP


THE HUMAN IMPRINT OF INJUSTICE,


BELIEVE IT THE ACTIONS OF FLORIDA


GRADUATES CAN AND WILL CAUSE JUSTICE OR INJUSTICE IN FLORIDA


AND THROUGHOUT THE UNITED STATES.


EVEN GRADUATES FROM A NATIONAL LAW SCHOOL SUCH AS FLORIDA


STILL ARE VIEWED BY A LARGE PART OF THE PUBLIC AS SOMEWHAT LESS


TRUSTWORTHY THAN SELLERS OF USED CARS OR MEMBERS OF CONGRESS,


SOMETIMES I THINK THAT PERCEPTION IS NOT AN UNFAIR RAP BUT MOST


OFTEN I DO THINK IT UNFAIR,


-8-


IT HENCEFORTH DEPENDS










THE BURDEN THEN OF BEING A GRADUATE OF A NATIONAL LAW


SCHOOL SUCH AS FLORIDA CERTAINLY IS AS GREAT AS THE BENEFIT.


BUT


SO IT SHOULD BE TODAY'S FLORIDA GRADUATES EDUCATED AND SHAPED


IN THE LAW AS NEVER BEFORE ARE BETTER PREPARED AND POSSESS INTELLECTUAL


TOOLS UNMATCHED BY THEIR PREDECESSORS.


QUITE OBVIOUSLY THE


COMPLEXITIES AND SERIOUS PROBLEMS NOW FACING OUR SOCIETY CONTEMPLATE


MUCH LESS THAN AN EASY AND SECURE ROAD TO SECURITY AND HAPPINESS


FOR THOSE WHO GRADUATE HERE,


THE NEW RECOGNITION THAT FLORIDA


NOW IS A SPLENDID NATIONAL LAW SCHOOL ONLY MEANS THAT THOSE WHO


GRADUATED LONG AGO HAVE GRADUATED FROM A LAW SCHOOL WHICH IS NOW AS


GOOD AS THEY WANTED IT TO BE THEN BUT WASN'T.


THE BURDENS OF


PROFESSIONALISM AND PROFESSIONAL RESPONSIBILITIES FOR TODAY'S GRADUATE


-9-










PROBABLY EXCEED IN SUBSTANTIAL DEGREE THE BURDENS IMPOSED WHEN THE


ELDER AMONG US GRADUATED FROM FLORIDA.


AND SO THE CURRENT


GRADUATES OF A WELL-RECOGNIZED LEGAL INSTITUTION FLORIDA GRADUATES -


MUST BE NOW EVER-MORE RESPONSIBLE AND ADVENTURESOME IN THE LAW THAN


ITS GRADUATES OF THE PAST,


LET ME FURTHER REFLECT.


IF AS I BELIEVE FLORIDA IS NOW A NATIONAL LAW SCHOOL -


SHOULD IT CHANGE ITS ADMISSION POLICIES?


ALTHOUGH I LIKE MOST


OTHER FLORIDA GRADUATES HAVE SERIOUS DOUBTS ABOUT THE RELIABILITY


OR FAIRNESS OF BASING LAW SCHOOL ADMITTANCE SOLELY ON OBJECTIVE


CRITERIA I LIKE MOST OTHER FLORIDA GRADUATES AM AT A TOTAL


LOSS FOR SUPPLYING ADEQUATE ALTERNATIVES,


I DO BELIEVE THAT


-10-










FLORIDA SHOULD CONTINUALLY SEARCH FOR AND STUDY OTHER METHODS BUT


I AM MOST SKEPTICAL PERHAPS CONCLUSIVELY SO OF THE EGALITARIAN


THEORIES PRESENTLY ADVANCED BY MANY.


SUBJECTIVE EVALUATION RUNS


MANY RISKS AND MAY IN THE FINAL ANALYSIS BE FAR MORE UNFAIR


THAN OBJECTIVE CRITERIA.


THUS ON BALANCE IT SEEMS TO ME THAT THE UNIVERSITY


OF FLORIDA COLLEGE OF LAW SHOULD CONTINUE TO STRIVE TO PUT TOGETHER


AS INTELLIGENT A GROUP OF STUDENTS AS POSSIBLE.


FOR THE GREATER


BENEFIT OF THE PUBLIC OF THE FLORIDA BAR OF THE AMERICAN BAR


ASSOCIATION THE UNIVERSITY OF FLORIDA COLLEGE OF LAW OUGHT TO


CONTINUE TO ADMIT ONLY THE FINEST APPLICANTS,


QUALITY NOT QUANTITY I FEEL SHOULD ALWAYS BE ITS


-11-










FLORIDA MUST RESIST BLANKET RANDOM SELECTION OR LOTTERY


PROCEDURES FOR LAW SCHOOL ADMISSION HERE BECAUSE IT WOULD IN THE


END ONLY DENY THE PUBLIC THE BEST POSSIBLE LAWYERS.


IN SHORT -


FLORIDA MUST CONTINUE TO OPT FOR EXCELLENCE RATHER THAN A PIECEMEAL -


LOW QUALITY REACTION TO EXISTING ENROLLMENT PRESSURES,


YET AT THE SAME TIME I AM SUFFICIENTLY SKEPTICAL OF


THE VALIDITY OF EVALUATIVE FORMULAS NOW EMPLOYED THAT I SUGGEST


THAT THE UNIVERSITY OF FLORIDA COLLEGE OF LAW SHOULD SERIOUSLY


CONSIDER RESERVING AT LEAST FOR A WHILE A CERTAIN NUMBER OF


SEATS IN EACH BEGINNING CLASS FOR RANDOM SUBJECTIVE OR OTHER


NON-QUANTITATIVE SELECTION PROCESSES,


THERE ARE NEGLECTED


INTERESTS IN FLORIDA AND AMERICAN SOCIETY THAT SHOULD AND MUST -


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GOAL,










RECEIVE SPECIAL CONSIDERATION IN THE ADMISSIONS PROCESS,


NATIONAL LAW SCHOOL FLORIDA MUST CONTINUE TO SEEK A GEOGRAPHICAL


MIX NOT JUST AMONG THE SEVERAL STATES AS MANY LAW SCHOOLS DO -


BUT WITHIN THE STATE OF FLORIDA SO THAT OUTLYING AREAS NOT


JUST METROPOLITAN CENTERS ARE BROADLY REPRESENTED.


FLORIDA


SHOULD IN SHORT SEEK TO CREATE A LAW STUDENT BODY WITH AS


BROAD A CULTURAL AND SOCIO-ECONOMIC MIX AS POSSIBLE WITHOUT


SIGNIFICANTLY LOWERING ITS TARGET OF TRAINING THE BEST QUALIFIED


LAWYERS POSSIBLE.


LET ME FURTHER RELFECT ABOUT FLORIDA AS A NATIONAL LAW


SCHOOL.


CERTAINLY SERIOUS AND REPEATED DOUBTS HAVE BEEN RAISED


BY MANY AS TO THE EFFECTIVENESS AND DESIRABILITY OF THE PRESENT


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AS A










SYSTEM OF FLORIDA LEGAL EDUCATION.


WHETHER THIS LAW SCHOOL SHOULD BE MORE TRADE SCHOOL ORIENTED IS


BEING ARGUED WITH EVEN GREATER INTENSITY.


ENHANCED CLINICAL


PROGRAMS PROPERLY ARE BEING IMPLEMENTED AND CONSIDERED AND I


HOPE THAT THE TREND BOTH MAGNIFIES AND BECOMES MORE SOPHISTICATED,


MANIFESTATIONS OF CHANGE IN LAW SCHOOL EDUCATION ARE ALL AROUND


US. IN ALMOST ALL LAW SCHOOLS NOT JUST FLORIDA PROPOSALS


TO SHORTEN OR LENGTHEN LAW SCHOOL EDUCATION HAVE BEEN ADVANCED


AND DEBATED.


THE WISDOM OF REQUIRING DEGREES FROM FOUR YEAR COLLEGES


BEFORE LAW SCHOOL ADMISSION IS AGAIN LEGITIMATELY BEING QUESTIONED.


I SHARE WITH MANY OTHER LAWYERS AN UNEASY FEELING ABOUT WHETHER THE


PRESENT SYSTEM OF SEVEN YEARS OF HIGHER EDUCATION BEFORE ADMISSION


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THE FAMILIAR DEBATE OVER










TO THE BAR BEST SERVES THE NEEDS OF SOCIETY.


WHAT IS THE BEST DIRECTION FOR LEGAL EDUCATION TO TAKE


IN LIGHT OF FUTURE DEMANDS AND LIKELY DEVELOPMENTS IN THE LAW?


THERE ARE MANY AVENUES OF EXPLORATION:


SHOULD ALL LAWYERS BE


TRAINED ALIKE?


I THINK NOT,


SHOULD A LEGAL PH,D. BE GENERALLY


SOUGHT BY PRACTITIONERS?


I THINK NOT.


SHOULD WE IN THE LAW


REQUIRE AN INTERNSHIP AS DO OTHER PROFESSIONALS?


I THINK NOT,


SHOULD THERE BE AN EVEN MORE EXTENSIVE CLINICAL APPROACH TO LAW


SCHOOL EDUCATION? I


DISCIPLINARY TRAINING?


THINK NOT.


I THINK NOT


SHOULD THERE BE MORE INTER-


BUT THOUGH I AM NEGATIVE


ABOUT ALMOST ALL OF THOSE PROPOSALS I DO THINK AND BELIEVE THAT


FLORIDA CAN DO BETTER AND THAT DESPITE MY NEGATIVISM FLORIDA


-15-










SHOULD INVESTIGATE CONSIDER EXPLORE EXPERIMENT AND EVEN TRY


SOME OF THOSE PROPOSALS AND OTHERS,


THE ANSWERS TO THESE QUESTIONS AT FLORIDA OF COURSE -


ARE COMPLEX,


NEVER UNIFORM,


THE FACTORS FACING THOSE WHO MUST DECIDE ARE


BUT IF IT WAS NOT DIFFICULT IT WOULD BE AN


EASY PROBLEM NOT WORTH A MENTION AMONG LAWYERS WHO CARE.


TO CONCLUDE I THINK THAT FLORIDA GRADUATES PAST -


PRESENT AND FUTURE SHOULD BE TOTALLY PLEASED AND PROUD OF THE


NATIONAL LEGAL EDUCATION NOW AVAILABLE AT THE HOLLAND LAW CENTER


OF THE UNIVERSITY OF FLORIDA COLLEGE OF LAW.


MUCH MORE REMAINS TO BE DONE IF THIS FINE LAW SCHOOL IS


TO BE FULLY RESPONSIVE TO THE NEEDS OF THIS BURGEONING STATE AND


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TROUBLED NATION,


SCHOOL EVEN BETTER,


IT IS TIME NOW TO REDOUBLE EFFORTS TO MAKE THE


ONLY WITH FINE LAWYERS AS ADVOCATES CAN OUR


SYSTEM OF JUSTICE IN FLORIDA AND AMERICA FUNCTION TO THE BENEFIT


OF ALL CITIZENS AND PICKING AND EDUCATING AND GRADUATING THE


FINEST LAW STUDENTS IN A FINE FINANCIALLY SECURE NATIONALLY


RECOGNIZED LAW SCHOOL AT THE UNIVERSITY OF FLORIDA IS ONLY A


FEASIBLE FIRST STEP IN THAT DIRECTION.


THERE ARE MANY GOOD


WOMEN AND MEN WHO ALREADY OWE AN UNREPAYABLE DEBT TO THE UNIVERSITY


OF FLORIDA COLLEGE OF LAW A DEBT WHICH WILL NEVER BE FULLY


SATISFIED BUT THIS I INDUBITABLY KNOW IF ALL GOES WELL -


THERE WILL BE MANY MANY MORE LAWYERS WHO IN TIME WILL JOIN


THAT EVER ACCELERATING GROUP,


(THE END)


-17-







SPEECHES OF CHESTERFIELD SMITH



SPEECH NUMBER 253


VOLUME XVIII











CHESTERFIELD SMITH


LAWYER
MMIAMI, FORIDA


OCCASION:


PRESENTATION OF LEARNED


HAND AWARD


PLACE:


OMNI INTERNATIONAL HOTEL


MIAMI, FLORIDA


DATE:


TUESDAY, MARCH 27, 1984


6:00 P.M,


RESPONSE OF:










THE BESTOWAL OF THE HIGHLY PRESTIGIOUS LEARNED HAND AWARD


FOR THE FIRST TIME IN THE SOUTH TO A SOUTHERNER OF COURSE IS A


MEANINGFUL OCCASION FOR THE SMITH FAMILY,


I ACCEPT THE ENCOMIUM


FROM THE AMERICAN JEWISH COMMITTEE WITH PRIDE AND WITH GRATITUDE,


(EXTEMPORANEOUS)


AN ACCOLADE BESTOWED HAS VALUE MORE DIRECTLY ATTRIBUTABLE


TO THE GRANTOR THAN TO THE RECIPIENT.


SO TOO IS THE ACCOLADE, THE AMERICI


A MOST DESIRABLE GRANTOR, THE YEAR;


IF THE GRANTOR IS SIGNIFICANT -


AN JEWISH COMMITTEE IS INDEED


5 IN WHICH I HAVE BEEN ACTIVELY


INVOLVED WITH THE MYRIAD ASPECTS OF OUR STURDY NATION'S JUSTICE


SYSTEM HAVE REVEALED THAT THERE NEVER CAN NOR NEVER WILL BE


ENOUGH PEOPLE ADVOCATING THE CAUSE OF JUSTICE,


THE AMERICAN


JEWISH COMMITTEE KNOWS THAT WELL IT EFFECTIVELY TAKES INDIVIDUAL










STRENGTH FOR JUSTICE AND MAGNIFIES IT INTO GROUP STRENGTH FOR


JUSTICE,


IT CONTRIBUTES AND HISTORICALLY HAS CONTRIBUTED -


THAT GROUP STRENGTH UNDEVIATINGLY TO THE SEARCH FOR JUSTICE.


THAT REASON I IDENTIFY MYSELF WITH IT.


IT MATTERS NOT WHO IT IS OR WHO IT WAS ALTHOUGH ITS


HISTORY IS FILLED WITH SHINING STARS,


TO ME IT MATTERS WHAT


IT NOW IS A PUBLIC SERVICE ENTITY UNYIELDINGLY COMMITTED TO AN


UNENDING SEARCH FOR EQUITY AND FAIRNESS FOR TRUTH AND EQUAL


TREATMENT AND DUE PROCESS FOR ALL AND FOR JUSTICE AND THE RULE


OF LAW.


I LIKE THE AMERICAN JEWISH COMMITTEE VERY MUCH.


LIKE WHAT IT HAS RECENTLY DONE ON THE HOLOCAUST COMMISSION AND


ON THE DIVISIVE ISSUE OF PRAYER IN SCHOOL.


TRULY IT IS AN


-2-


FOR










ACTIVE FORCE FOR BETTERMENT WITHIN THIS LAND AND THROUGHOUT ALL


ELEMENTS OF SOCIETY.


I DEPLORE LABELS I HERE AND NOW REFUTE ALL CHARACTERIZATIONS


OF ME AS PROGRESSIVE OR ANTEDILUVIAN AS LIBERAL OR CONSERVATIVE -


OR EVEN AS MODERATE CONCERNED SELFISH OR UNSELFISH,


THROUGH


THE EYES WITH WHICH I SEE THE AMERICAN JEWISH COMMITTEE GRANTOR


OF THE LEARNED HAND AWARD TOO IS NONE OF THESE IT PROPERLY


EMBRACES TENENTS TO WHICH I TOO PAY HOMAGE,


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 EQUITY AND FAIRNESS AND DUE PROCESS AND EQUAL


-3-










TREATMENT ARE NOT IN A PARTICULAR MATTER THE POLE STAR OF GOVERNMENT


ACTION JUMP ON THAT GOVERNMENT IN AN URGENT WAY TO MAKE AMERICAN


JUSTICE SUPREME AS THE STANDARD SUSTENANCE OF ITS PEOPLE,


THUS I CHERISH VERY MUCH THIS AWARD GIVEN IN THE NAME


OF AMERICA'S MOST HONORED JURIST BECAUSE I HONOR THE GIVER.


THE AMERICAN JEWISH COMMITTEE IS VIGOROUS IT IS WORTHY YEA -


EVEN NOBLE.


ITS PRIMARY PURPOSE IS HAS BEEN AND WILL BE -


SERVICE TO THE PUBLIC WEAL,


IT IS EXCITING TO ME THAT THIS AWARD INDICATES ITS APPROVAL


OF ME, I HAPPILY ACCEPT THE ACCOLADE INDEED THIS IS A FELICIFIC


EVENING FOR CHESTERFIELD SMITH,


THE END








SPEECHES OF CHESTERFIELD SMITH


SPEECH NUMBER 254


VOLUME XVIII











CHESTERFIELD SMITH


LAWYER
MIAMI, FLORIDA


OCCASION:


LUNCHEON IN HONOR OF
GLADYS AND ELGIN BAYLESS


WEDNESDAY, MARCH 28, 1984


12:00 NOON


HOLLAND & KNIGHT'S
LAKELAND OFFICE


DATE:


PLACE:


REMARKS OF:










O LD
USED FOR GLADYS BAYLESS


HOW DO I KNOW THAT MY YOUTH


IS ALL SPENT?


WHEN MY GET UP AND GO HAS


GOT UP AND WENT!


BUT IN SPITE OF IT ALL, I'M


ABLE TO GRIN,


WHEN I RECALL WHERE MYET UP


HAS BEEN,



OLD AGE IS GOLDEN, AS I'VE


HEARD IT SAID,










BUT SOMETIMES I WONDER AS I GET


INTO BED.


WITH MY EARS IN A DRAWER AND


MY TEETH IN A CUP,


MY EYES ON THE TABLE UNTIL


I WAKE UP,


ERE SLEEP DIMS MY EYES, I SAY


TO MYSELF:


IS THERE ANYTHING ELSE I SHOULD


LAY ON THE SHELF?


AND I'M HAPPY TO SAY AS I CLOSE


THE DOOR MY FRIENDS ARE THE SAME,


PERHAPS EVEN MORE,


-2-










WHEN I WAS YOUNG, MY SLIPPERS


WERE RED


AND I COULD KICK UP MY HEELS,


RIGHT OVER MY HEAD,


WHEN I GREW OLDER, MY SLIPPERS


WERE BLUE


BUT I COULD STILL DANCE THE


WHOLE NIGHT THROUGH,



NOW THAT I AM OLD AND MY


SLIPPERS ARE BLACK,


THE REASON I KNOW THAT MY YOUTH


IS ALL SPENT


-3-










IS THAT MY GET UP AND GO


HAS GOT UP AND WENT.


BUT I DON'T REALLY MIND WHEN


I THINK WITH A GRIN,


OF ALL THE GRAND PLACES THAT


MY GET UP HAS BEEN.


SINCE I'VE RETIRED FROM LIFE'S


COMPETITIONS,


I BUSY MYSELF WITH COMPLETE


REPETITIONS.



I GET UP EACH MORNING


AND DUST OFF MY WITS











PICK UP THE PAPERS AND


READ THE 0-BITS,


IF MY NAME IS MISSING,


I KNOW I'M NOT DEAD -


SO I EAT A GOOD BREAKFAST


AND GO BACK TO BED,


-5-










NEW


USED FOR F. ELGIN BAYLESS, SR.


HOW DO I KNOW THAT MY


YOUTH IS NOT SPENT?


WHEN MY GET UP AND GO HAS NOT


GOT UP AND WENT!


IN SPITE OF A SLOW DOWN, I'M


STILL ABLE TO RUN.


MY GET UP AND GO HAS NO MORE


THAN BEGUN,



DON'T KID ME OLD AGE IS AN


UNGOLDEN TIME.










DON'T SAY OUT OF BED, IT'S NOT


WORTH A THIN DIME.



WHEN MY EARS AND MY EYES AND


MY TEETH I DO KEEP IS NO CAUSE


FOR WORRY WHEN AWAKE OR ASLEEP.



WHO CARES BOUT THE COLOR OF MY


SLIPPERS OF YORE?


OR THE WAY THAT I PUFF ON MY


TRIPS TO THE STORE?


IF FRIENDS STAY THE SAME WHETHER


YOUNG OR OLD


-2-










HOW COME YOU SUGGEST THAT THE


TIME'S COME TO FOLD?


IT'S TRUE THAT OF OLD I COULD


KICK UP MORE HEEL.


DANCE ALL THROUGH THE NIGHT


AND THEN GORGE A BIG MEAL,


DON'T TELL ME, HOWEVER,


I'VE NO


GET-UP AND GO!


I'M STILL GETTING UP JUST A


LITTLE MORE SLOW,


GRAND PLACES ARE FINE, AND I'LL


SEE THEM AGAIN.


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