Speeches by Chesterfield - Vol. XXI, 303-322. 1990-1991

..VOLUME XXI

#303 ADDRESS OF CHESTERFIELD SMITH
BEFORE: AD HOC PUBLIC INTEREST
LAW STUDENTS UNIVERSITY
OF FLORIDA COLLEGE OF
LAW.
GAINESVILLE, FLORIDA
TITLE: THE LAWYER SAID: "I LOOK
OUT FOR MY PAYING CLIENTS" --
THE LAW STUDENT RESPONDED:
"BUT GOOD LAWYERS MUST ALSO
DO SOME PUBLIC SERVICE."
DATE: WEDNESDAY, MARCH 7, 1990

#304 REMARKS OF CHESTERFIELD SMITH
BEFORE: HONORARY DEGREE CEREMONY -
DAVID BURKE KIBLER, III
FLORIDA STATE CONFERENCE
CENTER
THE.FLORIDA STATE UNIVERSITY
TALLAHASSEE, FLORIDA
DATE: THURSDAY, MARCH 15, 1990

#305 ADDRESS OF.CHESTERFIELD SMITH
BEFORE: TALLAHASSEE KIWANIS CLUB
TALLAHASSEE, FLORIDA
TITLE: REFLECTIONS ON THE RULE OF LAW
DATE: MAY 1, 1990

#306 REMARKS OF CHESTERFIELD SMITH
BEFORE: CEREMONIAL SESSION OF THE
SUPREME COURT OF FLORIDA FOR
THE JUSTICE JOSEPH W. HATCHETT
ORAL HISTORY PROGRAM
DATE: WEDNESDAY, MAY 2, 1990

#307 REMARKS OF CHESTERFIELD SMITH
BEFORE: INVESTITURE OF W. THOMAS SPENCER
JUDGE OF THE CIRCUIT COURT
OF THE 11th JUDICIAL CIRCUIT
OF FLORIDA
DATE: FRIDAY, MAY 25, 1990

/

VOLUME XXI (cont.)

#308 REMARKS OF CHESTERFIELD SMITH
BEFORE: 1990 HOLLAND & KNIGHT
MIAMI OFFICE SUMMER LAW
CLERKS
SUBJECT: PRINCIPLES OF ADVOCACY
FOR HOLLAND & KNIGHT TRIAL
LAWYERS
DATE: THURSDAY, MAY 31, 1990

#309 REMARKS OF CHESTERFIELD SMITH
BEFORE: 1990 HOLLAND & KNIGHT
SUMMER ASSOCIATES RETREAT
PLACE: RITZ-CARLTON
NAPLES, FLORIDA
DATE: FRIDAY, JULY 13, 1990

#310 REMARKS OF CHESTERFIELD SMITH
BEFORE: TAKING STOCK IN JACKSONVILLE
LUNCHEON
SUBJECT: REFLECTIONS ON LAW
DATE: FRIDAY, JULY 27, 1990

#311 Address of Chesterfield Smith
BEFORE: HOLLAND & KNIGHT ALUMNI
RECEPTION TAMPA, FLORIDA
ENTITLED: "THE TROIKA'S VISION"
(HOW HOLLAND & KNIGHT IS
NOW PRACTICING)
DATE: FRIDAY, AUGUST 17, 1990

#312 REMARKS OF CHESTERFIELD SMITH
BEFORE: PHI ALPHA DELTA
UNIVERSITY OF MIAMI
COLLEGE OF LAW
SUBJECT: THE LAWYER SAID: "I LOOK
OUT FOR MY PAYING CLIENTS" -
THE LAW STUDENT RESPONDED:
"BUT GOOD LAWYERS MUST ALSO
DO SOME FREE PUBLIC SERVICE."
DATE: THURSDAY, SEPTEMBER 27, 1990

VOLUME XXI (Cont.)

REMARKS OF CHESTERFIELD SMITH
BEFORE: FLORIDA CHAPTER AMERICAN
CIVIL LIBERTIES UNION
SUBJECT: CURRENT THOUGHTS OF A TRIAL
LAWYER ABOUT THE IMPORTANCE OF
THE FEDERAL JUDICIARY TO
LIBERTY AND FREEDOM.
DATE: SATURDAY, OCTOBER 6, 1990

REMARKS
BEFORE:

PLACE:

DATE:

REMARKS
BEFORE:

PLACE:

DATE:

REMARKS
BEFORE:

PLACE:

DATE:

REMARKS
BEFORE:

PLACE:

DATE:

OF CHESTERFIELD SMITH
TRANSITION, INC. FIFTH ANNUAL
TESTIMONIAL DINNER HONORING
RAFAEL PENALVER, JR.
RADISSON MART PLAZA
MIAMI, FLORIDA
THURSDAY, OCTOBER 25, 1990

OF CHESTERFIELD SMITH
BASS MUSEUM OF ART PRESIDENTS
DINNER
DORAL OCEAN BEACH RESORT
MIAMI BEACH, FLORIDA
THURSDAY, NOVEMBER 15, 1990

OF CHESTERFIELD SMITH
NATIONAL CONFERENCE OF
CHRISTIANS & JEWS
OMNI INTERNATIONAL HOTEL
MIAMI, FLORIDA
SATURDAY, FEBRUARY 23, 1991

OF CHESTERFIELD SMITH
DOWNTOWN MIAMI BUSINESS &
PROFESSIONALS CHAPTER--
AMERICAN RED MAGEN DAVID FOR
ISRAEL (ARMDI)
HOLLAND & KNIGHT OFFICES -
CONFERENCE ROOM 14A
THURSDAY, MARCH 21, 1991

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VOLUME XX1 (Cont.)

REMARKS OF CHESTERFIELD SMITH
BEFORE: AMERICAN BAR ASSOCIATION
SPECIAL COMMITTEE ON
SPECIALIZATION
PLACE: GUEST QUARTERS SUITE HOTEL
CHICAGO, ILLINOIS
DATE: FRIDAY, MAY 3, 1991 at
9:00 A.M.
TITLE: SPECIALIZATION OF THE LAW-
WHITHER NOW?

REMARKS
BEFORE:

PLACE:

DATE:

TITLE:

REMARKS
BEFORE:

PLACE:

DATE:

REMARKS
BEFORE:

PLACE:

DATE:

TITLE:

OF CHESTERFIELD SMITH
LEAGUE OF WOMEN VOTERS OF
FLORIDA
RADISSON HOTEL
ORLANDO, FLORIDA
SATURDAY, MAY 18, 1991
at 2:45 P.M.
THOUGHTS ABOUT ETHICS

OF CHESTERFIELD SMITH
CEREMONIAL SESSION OF THE
SUPREME COURT OF FLORIDA FOR
THE CHIEF JUSTICE RAYMOND
EHRLICH ORAL HISTORY PROGRAM.
U.S. COURTHOUSE
JACKSONVILLE, FLORIDA
FRIDAY, MAY 31, 1991 at
3:30 P.M.

OF CHESTERFIELD SMITH
HOLLAND & KNIGHT SUMMER LAW
CLERKS
4501 SANTA MARIA STREET
CORAL GABLES, FLORIDA
TUESDAY, JUNE 4, 1991 at
6:30 P.M.
WHAT IS IT? A HOLLAND & KNIGHT
LAWYER.

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#320

#321

VOLUME XX1 (Cont.)

REMARKS OF CHESTERFIELD SMITH
BEFORE: AMERICAN BAR ASSOCIATION
SPECIAL COMMITTEE ON
SPECIALIZATION
PLACE: GUEST QUARTERS SUITE HOTEL
CHICAGO, ILLINOIS
DATE: FRIDAY, MAY 3, 1991 at
9:00 A.M.
TITLE: SPECIALIZATION OF THE LAW-
WHITHER NOW?

REMARKS
BEFORE:

PLACE:

DATE:

TITLE:

REMARKS
BEFORE:

PLACE:

DATE:

OF CHESTERFIELD SMITH
LEAGUE OF WOMEN VOTERS OF
FLORIDA
RADISSON HOTEL
ORLANDO, FLORIDA
SATURDAY, MAY 18, 1991
at 2:45 P.M.
THOUGHTS ABOUT ETHICS

OF CHESTERFIELD SMITH
CEREMONIAL SESSION OF THE
SUPREME COURT OF FLORIDA FOR
THE CHIEF JUSTICE RAYMOND
EHRLICH ORAL HISTORY PROGRAM.
U.S. COURTHOUSE
JACKSONVILLE, FLORIDA
FRIDAY, MAY 31, 1991 at
3:30 P.M.

REMARKS OF CHESTERFIELD SMITH
BEFORE: HOLLAND & KNIGHT SUMMER LAW
CLERKS
PLACE: 4501 SANTA MARIA STREET
CORAL GABLES, FLORIDA
DATE: TUESDAY, JUNE 4, 1991 at
6:30 P.M.
TITLE: WHAT IS IT? A HOLLAND & KNIGHT
LAWYER.

REMARKS OF CHESTERFIELD SMITH
BEFORE: 1991 HOLLAND & KNIGHT SUMMER
LAW CLERKS
PLACE: HOLLAND & KNIGHT LAKE WIRE
OFFICE
LAKELAND, FLORIDA
DATE: MONDAY, JULY 15, 1991

speech 112790:wp347

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#321

#322

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 303

VOLUME XXI

REMARKS BY: CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

BEFORE: AD HOC PUBLIC INTEREST LAW

STUDENTS UNIVERSITY OF

FLORIDA COLLEGE OF LAW -

GAINESVILLE, FLORIDA

WEDNESDAY, MARCH 7, 1990

4:00 P.M.

TITLE: THE LAWYER SAID: "I LOOK

OUT FOR MY PAYING CLIENTS" --

THE LAW STUDENT RESPONDED:

"BUT GOOD LAWYERS MUST ALSO DO

SOME PUBLIC SERVICE."

FIFTEEN MINUTES

TIME:

MANY INDIVIDUAL LAWYERS DO NOT DISCHARGE IN ANY

SUBSTANTIAL WAY WHAT I PERSONALLY PERCEIVE TO BE AN EXISTING

PROFESSIONAL OBLIGATION TO IMPROVE THE LAW TO ENHANCE THE

ADMINISTRATION OF JUSTICE AND TO MAKE BETTER THE SERVICES

OF THE LEGAL PROFESSION.

THE GRANDIOSE LEGEND OFTEN VOICED

AT LAWYER MEETINGS THAT AS NEEDED LAWYERS WILL ROLL UP THEIR

SLEEVES AND GIVE UNSELFISHLY OF THEIR TIME TO DO THAT WHICH

THEY OUGHT TO DO UNFORTUNATELY IS A MERE FANTASY.

WHILE SOME YOUNG LAWYERS BY THEIR GOOD DEEDS ADD LUSTER TO

THE LAW LAMENTABLY AMONG THOSE LAWYERS LEAST CONCERNED WITH

JUSTICE AS A MAJESTIC PART OF LIFE AND LEAST CONCERNED WITH

THE PRACTICE OF LAW AS A GRAND AND EXALTED CALLING ARE MANY

WHO IN THE PAST SEVERAL YEARS HAVE GRADUATED FROM THIS LAW

SCHOOL AND THEN JOINED THE FLORIDA BAR.

THERE ARE THOSE

WHO CARE ONLY FOR THE BOTTOM LINE WHO GET MORE SATISFACTION

FROM DOING WELL FINANCIALLY THAN FROM DOING GOOD

PROFESSIONALLY.

IF THAT IS A TREND IT IS ONE WHICH MUST

BE REVERSED IF THE LEGAL PROFESSION IN FLORIDA IS TO RECEIVE

WIDE PUBLIC SUPPORT.

A GOOD LAWYER AS A MEMBER OF A LEARNED PROFESSION

- QUITE CLEARLY SHOULD CULTIVATE KNOWLEDGE OF THE LAW BEYOND

ITS USE FOR PAYING CLIENTS AND A GOOD LAWYER SHOULD EMPLOY

THAT ADDED KNOWLEDGE IN THE BETTERMENT OF THE LAW.

THAT

TRUISM INDUBITABLY LONG HAS BEEN A PART OF LAWYERING.

GOOD LAWYER ALMOST BY DEFINITION MUST BE CONTINUALLY MINDFUL

OF CURRENT DEFICIENCIES IN THE ADMINISTRATION OF JUSTICE-

AND WITHOUT PERSONAL REWARD CONTINUALLY WORK FOR BETTER

- 2 -

COURTS MORE QUALIFIED JUDGES AND FAIRER AND MORE

EXPEDITIOUS LEGAL PROCEDURES.

A GOOD LAWYER MUST TOO BE

COGNIZANT THAT THERE ARE MANY PEOPLE WHO CANNOT AFFORD

ADEQUATE LEGAL ASSISTANCE AND THE GOOD LAWYER SHOULD NOW AS

IN THE PAST DEVOTE TIME AND INFLUENCE IN THEIR BEHALF.

BUT

TODAY A GOOD LAWYER MUST BE EQUALLY AWARE THAT THERE ARE MANY

OTHER AREAS WHICH CRY OUT IN EQUALLY LOUD VOICES FOR THE

LAWYER'S DISTINCTIVE TALENTS PLACES WHERE SOCIETAL LEGAL

REQUIREMENTS PRESENTLY ARE NOT FULLY MET.

THE PARAMETERS OF LAWYER'S PUBLIC SERVICE MUST

ALWAYS BE AS BROAD AND FLEXIBLE AS THE MINDS OF THOSE WHO

WILL DISCHARGE THAT RESPONSIBILITY.

THAT OBLIGATION AT THE

MINIMUM EXTENDS TO PROVIDING ESSENTIAL LEGAL NEEDS TO ALL

- 3 -

AMERICANS RICH OR POOR YOUNG OR OLD MALE OR FEMALE-

BLACK OR WHITE HAPPY OR SAD GRACIOUS OR SURLY-

INDIVIDUALS OR GROUPS ALL PEOPLE WHOEVER AND FOR WHATEVER

REASONS.

THAT IS THE LAWYER'S OBLIGATION AND IF IT IS TO

BE MET EACH LAWYER MUST HELP.

THE FACT THAT SOME GOOD LAWYERS HAVE PROVIDED LEGAL

SERVICES TO THE POOR AT NO COMPENSATION OR FOR REDUCED

COMPENSATION CANNOT VALIDLY BE LONGER USED BY THE MASS OF

LAWYERS NOT SO PARTICIPATING AS A SHIELD AGAINST THE

RENDERING OF PUBLIC SERVICE THEMSELVES.

THE INDIGENT

CLIENT WHILE SIGNIFICANT IS ONLY A PART OF THE PROBLEM-

AND A PART IN WHICH THE GOVERNMENT PERHAPS QUITE PROPERLY-

- 4 -

HAS ASSUMED IN RECENT TIMES A FAR GREATER RESPONSIBILITY

THAN THE LEGAL PROFESSION.

WORKING FREE IS OF COURSE NOT A GOOD WAY TO ACHIEVE

LASTING ECONOMIC SUCCESS EVEN WHEN SUCH PART-TIME WORK IS

LABELED "PUBLIC SERVICE".

ADMITTEDLY MANY MAGNIFICENT

LAWYERS OVER THE YEARS WILLINGLY HAVE RENDERED TO THE PUBLIC

SUBSTANTIAL SERVICE WITHOUT RECEIVING PECUNIARY COMPENSATION.

BUT NOT ALL OR EVEN MOST HAVE.

THUS IT SEEMS TO ME

SUITABLE PROPER SEEMLY AND TIMELY THAT THE ORGANIZED

LEGAL PROFESSION FORMALLY RECOGNIZE THAT EACH LAWYER HAS A

MANDATORY OBLIGATION FOR SOME PUBLIC SERVICE WHICH IF

UNREASONABLY IGNORED WARRANTS PROFESSIONAL SANCTIONS.

- 5 -

HERETOFORE IT HAS PERHAPS BEEN PROFESSIONALLY

ACCEPTABLE FOR SOME GOOD LAWYERS TO SERVE ONLY PAYING

CLIENTS.

BE ABORNING.

BUT I PERCEIVE A NEW PROFESSIONAL STANDARD TO

THE SUBSTANTIAL RECOGNITION WHICH HAS BEEN

AFFORDED IN YEARS PAST TO THOSE LAWYERS WHO HAVE GROUND AWAY

AT THEIR CLIENTS' DEMANDS DAY AFTER DAY AND YEAR AFTER YEAR-

TENDING TO THE STORE NEVER LEAVING THE OFFICE MINDING

WHAT HAS BEEN TRADITIONALLY STYLED "THEIR OWN BUSINESS" IS

UNDERGOING SUBSTANTIAL CHANGE.

NO LONGER CAN THE LAWYER-

OLD OR YOUNG LOOK OUT ONLY FOR PAYING CLIENTS.

NO LONGER

CAN THE LEGAL PROFESSION MERIT PUBLIC APPROBATION UNDER A

RANDOM AND HAPHAZARD STANDARD THAT LETS SOME LAWYERS DO GOOD

AND SOME DO NOT SO GOOD.

BECAUSE SOME LAWYERS STILL

- 6 -

MAJESTICALLY DO WHAT GOOD LAWYERS OF A DIFFERENT DAY AND TIME

DID AS A DISCHARGE OF THEIR THEN MORE RESTRICTED PROFESSIONAL

ENGAGEMENTS CANNOT EXONERATE TODAY'S LAWYERS FROM OBLIGATORY

PUBLIC SERVICE.

LAWYERS WHO WORK WITH NO COMPENSATION OR

WITH SUBSTANTIALLY REDUCED COMPENSATION TO MITIGATE THE

PROBLEMS OF THE INDIGENT IN OUR JUSTICE SYSTEM ARE AND

ALWAYS WILL BE RENDERING VALUABLE PUBLIC SERVICE BUT THE

ENTIRE PROFESSION NEVERTHELESS STILL HAS A DUTY TO DO WITHOUT

PERSONAL PECUNIARY BENEFIT THOSE OTHER EQUALLY ESSENTIAL

SOCIETAL ACTIVITIES BEST DONE BY LAWYERS WHICH ARE NOT NOW

BEING DONE.

I SUGGEST THAT THE PRIME ONUS OF LAWYERS NOW

MUST BE TO MAKE SOCIETY BETTER BY UTILIZING THE LAWYERS'

- 7 -

SPECIAL AND UNIQUE SKILLS IN THE PUBLIC INTEREST WHENEVER

NEEDED.

A MAJOR DIFFICULTY IN LAWYERS CONTRIBUTING

PROFESSIONAL SERVICE TO THE PUBLIC IS IN STRIKING THE PROPER

BALANCE BETWEEN THAT PROFESSIONAL TIME DEVOTED FOR PUBLIC

SERVICE AND THAT PROFESSIONAL TIME NEEDED FOR THE ECONOMIC

NECESSITIES WHICH FACE ALL PROFESSIONAL PEOPLE.

EVEN THOSE

MANY LAWYERS WHO LONG HAVE ACKNOWLEDGED SOME RESPONSIBILITY

FOR PUBLIC SERVICE BOTH INDIVIDUALLY AND COLLECTIVELY-

HAVE NO GUIDANCE AS TO THE TYPE OR EXTENT OF ACTIVITIES THAT

WILL DISCHARGE THAT OBLIGATION.

THUS THE COLLECTIVE

RESPONSIBILITY OF LAWYERS SHOULD BE TRANSLATED INTO A DEFINED

PROFESSIONAL DUTY THAT EACH LAWYER INDIVIDUALLY RENDER

- 8 -

SHARE OF THE OBLIGATORY PUBLIC SERVICE.

DEMAND IS PLAINLY ENUNCIATED WITHOUT EQUIVOCATION OR

AMBIVALENCE THE DECISIONAL PROCESS NOW UNIVERSALLY UTILIZED

BY THE ORGANIZED BAR IN ESTABLISHING ETHICAL BOUNDARIES WILL

IN TIME EVOLVE DEFINITIVE GUIDELINES FOR ITS APPLICATION.

THROUGH TRIAL AND ERROR THROUGH EXPERIMENTATION LAWYERS

ULTIMATELY CAN INCORPORATE INTO ETHICAL RULINGS, CODES AND

DECISIONS THE WHO HOW WHAT AND WHEN OF THE PUBLIC SERVICE

THAT SOCIETY SHOULD RECEIVE IN EXCHANGE FOR ITS GRANT OF THE

EXCLUSIVE PRIVILEGE TO PRACTICE LAW.

WHILE I PERSONALLY BELIEVE THAT THE LEGAL

PROFESSION OWES TO SOCIETY A GREATER RETURN FOR ITS GRANT OF

A PERSONAL SERVICE MONOPOLY THAN HAS EVER BEEN MADE I DO

- 9 -

IF THAT ETHICAL

ACKNOWLEDGE THAT THERE ARE MANY DEDICATED PEER LAWYERS WHO

VIGOROUSLY DISAGREE WHO SINCERELY CONTEND THAT THE LEGAL

PROFESSION HAS LITTLE FAULT AND THAT CHANGES ARE NOT

NEEDED.

THEY EARNESTLY PROCLAIM THAT LAWYERS LIKE ME WHO

SEEK SUCH PROFESSIONAL RESTRUCTURING ARE AGITATORS CREATING

MORE PROBLEMS THAN THEY SOLVE.

THEY SOMETIMES ASSERT THAT

ALL WHO DO NOT CHERISH THE LEGAL PROFESSION AS IT HAS BEEN

SHOULD DO SOMETHING ELSE FOR A LIVELIHOOD.

LEAVE.

BUT I WON'T

I LOVE THE LEGAL PROFESSION AND THE BEST PEOPLE I

KNOW IN THE WORLD OFTEN ARE LAWYERS. SO I TOTALLY REJECT

THAT CONCEPT.

AS IT IS.

NO LAWYER SHOULD ACCEPT THE LEGAL PROFESSION

LAWYERS SHOULD ASPIRE FOR THE ELIMINATION OF

IMPERFECTIONS IN THEIR CHOSEN PROFESSION AND IN THE LAW

- 10 -

THOSE LAWYERS WHO CANNOT OVERLOOK THE SOCIAL ILLS

OF THE JUSTICE SYSTEM THOSE LAWYERS WHO CANNOT OVERLOOK THE

LEGAL PROFESSION'S DEFICIENCIES THOSE LAWYERS WHO CANNOT

OVERLOOK ITS FAILURE TO MAKE ADEQUATE LEGAL SERVICES

AVAILABLE TO ALL THOSE LAWYERS WHO CANNOT OVERLOOK THE

INABILITY OF LAW TO RENDER JUSTICE AND FAIRNESS ALIKE TO RICH

AND POOR THOSE LAWYERS WHO REFUSE TO OVERLOOK THE WARTS

EASILY FOUND IN THE COURTS SEEM TO ME TO BE THE ONES WHO

MOST CHERISH THE LEGAL PROFESSION AS A SUBLIME CALLING.

IS THOSE LAWYERS WHO PLACIDLY ACCEPT THE INEQUITIES THE

PERVERSIONS THE INJUSTICES THE CORRUPTIONS THE

INEFFICIENCIES AND THE UNFAIRNESSES IN THE LAW WHO SEEM TO

ME NOT SUFFICIENTLY TO HONOR THEIR CHOSEN CAREER.

- 11 -

ITSELF.

SOCIETY LONG AGO MADE A DETERMINATION THAT A

FIERCELY INDEPENDENT AND UNSHACKLED LEGAL PROFESSION IS

ESSENTIAL TO OUR SYSTEM OF GOVERNMENT AND TO THE INDIVIDUAL

RIGHTS OF ITS CITIZENS.

IT PLACED LAWYERS IN A POSTURE TO

BE BOTH FINANCIALLY FREE AND PROFESSIONALLY INDEPENDENT BY

ESTABLISHING A MONOPOLY FOR THOSE WHO PRACTICE LAW.

GRANTING TO LAWYERS THAT PRIVILEGE THE NURTURING OF CERTAIN

SKILLS UTILIZED EXTENSIVELY IN THE PRACTICE OF LAW SUCH AS

ADVOCACY COUNSELING NEGOTIATING AND DRAFTING WERE

CHILLED AND PERHAPS DENIED TO NON-LAWYER MEMBERS OF SOCIETY.

THE GRANT OF MONOPOLISTIC PRIVILEGES BY SOCIETY TO A LIMITED

NUMBER OF PEOPLE TO RENDER SPECIALIZED PROFESSIONAL SERVICES

MANIFESTLY CREATES IN MY MIND AN OBLIGATION BY LAWYERS TO

- 12 -

MAKE AVAILABLE TO SOCIETY THOSE SPECIAL SKILLS NURTURED BY

THAT GRANTED MONOPOLY.

IF THAT OBLIGATION IS NOT MET THE

PUBLIC AS A WHOLE INEVITABLY WILL HAVE NO CHOICE BUT TO SEEK

THOSE SKILLS IN OTHERS -4WHO IN TIME WILL CURTAIL THE PUBLIC

BENEFITS SOUGHT WHEN THE PUBLIC LEGAL PROFESSION WAS CREATED.

IT ALWAYS HAS SEEMED CLEAR TO ME THAT THE LEGAL

PROFESSION CAN BEST PERFORM IF ITS MORES CUSTOMS-

STANDARDS AND OFFICES ARE SELF-DETERMINED.

IF A LEGAL

MONOPOLY IS A VIABLE SOCIETAL INSTITUTION LAWYERS IN ORDER

TO SUPPORT THAT MONOPOLY AND TO PRESERVE SELF-REGULATION-

QUITE OBVIOUSLY MUST FILL THOSE ESSENTIAL PUBLIC NEEDS WHICH

WILL NOT OTHERWISE BE MET UNLESS LAWYERS MEET THEM-

INCLUDING THE RENDERING OF THOSE DISTINCT SERVICES WHICH THE

- 13 -

MONOPOLY ITSELF MAKES LAWYERS PECULIARLY QUALIFIED TO

PERFORM.

THE PUBLIC MUST KNOW THAT EACH LAWYER IS

INTERESTED IN MORE THAN MAKING MONEY IN MORE THAN PERSONAL

AGGRANDIZEMENT IN MORE THAN ACHIEVING PUBLIC RECOGNITION-

THAT THE LEAST OF LAWYERS IS INTERESTED IN SERVING WELL THE

PUBLIC GOOD IN FILLING THE PARTIAL VOID IN SPECIAL SKILLS

CREATED IN SOCIETY LONG AGO WHEN THE LAWYER BY GOVERNMENTAL

EDICT WAS GIVEN THE MONOPOLY FOR LEGAL SERVICES.

THEY

SHOULD KNOW THAT THE FLORIDA BAR AS A QUASI-PUBLIC

INSTITUTION IS STALWART AND NOT SUPINE THAT IT IS WILLING

TO ELIMINATE FROM ITS RANKS THOSE LAWYERS WHO DO NOT DO THEIR

PART BY DISBARMENT IF NECESSARY.

- 14 -

THOSE PERSONS WHO WEAR THE LEGAL MANTLE CAN DO NO

LESS. LAWYERS ALWAYS HAVE INDEED THEY MUST LIVE NOBLY

IN THE LAW.

THANK YOU.

- 15 -

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 304

VOLUME XXI

REMARKS OF:

OCCASION:

CHESTERFIELD SMITH
LAWYER, HOLLAND & KNIGHT
MIAMI, FLORIDA

HONORARY DEGREE CEREMONY -
DAVID BURKE KIBLER, III

FLORIDA STATE CONFERENCE CENTER
THE FLORIDA STATE UNIVERSITY
TALLAHASSEE, FLORIDA

THURSDAY, MARCH 15, 1990
2:30 P.M.

PLACE:

DATE:

TEN MINUTES

St

TIME:

DAVID BURKE KIBLER, III AGE SIXTY-SIX IS AND

LONG HAS PRACTICED LAW WITH HOLLAND & KNIGHT THE FIRM HE HEADS

AS CHAIRMAN PRACTICING IN LAKELAND TAMPA AND THROUGHOUT THE

STATE OF FLORIDA.

HE ATTENDED THE PUBLIC SCHOOLS IN LAKELAND -

GRADUATING WITH HONORS FROM THE UNIVERSITY OF FLORIDA SECURING

AN A.B. DEGREE.

THEN CAME COMBAT AS A DECORATED FIELD ARTILLERY

FORWARD OBSERVER IN THE EUROPEAN THEATER OF OPERATIONS IN WORLD WAR II -

AND HIS LAW DEGREE ALSO OBTAINED AT THE UNIVERSITY OF FLORIDA IN

1949.

BURKE KIBLER IS MARRIED TO THE DELIGHTFUL AND CHARMING

NELL BRYANT KIBLER AND THEY TOGETHER HAVE HAD FOUR CHILDREN -

NELL KIBLER IS A LOYAL ALUMNUS OF

AND FOUR GRANDCHILDREN.

FLORIDA STATE UNIVERSITY AND THIS OCCASION WILL GRANT BURKE

KIBLER TOO BRAGGING RIGHTS ABOUT BEING A "SEMINOLE".

BURKE

KIBLER AND NELL KIBLER ARE A LOVING TEAM WHO ALWAYS HAVE ACCOMPLISHED

THEIR ASSIGNMENTS TOGETHER.

AND TODAY IS ALSO HER DAY,

SHE IS A PART OF ALL THAT HE IS -

IT IS EASY FOR ME TO UNDERSTAND HOW

BURKE KIBLER FEELS ABOUT NELL KIBLER FOR I TOO LOVE HER,

SINCE ADMISSION TO THE FLORIDA BAR IN 1949 HE HAS

PRACTICED LAW WITH VERVE ENTHUSIASM GREAT SUCCESS AND

PROFESSIONAL AND PUBLIC APPROBATION.

DURING THE PAST THIRTY

TURBULENT YEARS WE HAVE PRACTICED TOGETHER BURKE KIBLER HAS SERVED

AS THE PRINCIPAL ATTORNEY FOR THE FLORIDA PHOSPHATE INDUSTRY -

INCLUDING SERVICE DURING THE PAST TWELVE YEARS AS THE GENERAL

-2-

COUNSEL FOR THE FLORIDA PHOSPHATE COUNCIL.

THROUGHOUT HIS CAREER BURKE KIBLER ADMITTEDLY HAS BEEN

AN ESTABLISHMENT CORPORATE CIVIL LAWYER YET HE AT THE SAME

TIME ALWAYS HAS FOCUSED PRO BONO ON MATTERS THAT IMPACTED HIS

COUNTY HIS STATE AND HIS NATION IN WAYS THAT MOST OTHER

LAWYERS SIMILARLY SITUATED WOULDN'T EVEN NOTICE,

AS A LAWYER

INTERESTED IN MAKING HIS COMMUNITY EVER BETTER HE FREELY USED

HIS INSIDER'S CREDENTIALS HE SPOKE THE LANGUAGE OF THE POWER

BROKERS HE UNDERSTOOD THE THOUGHT PROCESSES OF THE GOOD OLD

BOYS HE KNEW WHO YOU NEEDED TO KNOW.

WHILE SOMETIMES

ADVOCATING UNPOPULAR POSITIONS HE GETS ALONG WITH ALMOST

EVERYONE INCLUDING THOSE WHO SUPPORT THE OPPOSING VIEWPOINT,

-3-

PROFESSIONALLY HE WAS AND IS A WINNER WITH THE

TRADITIONAL CHARACTERISTICS OF THE LAWYER WHO GETS RESULTS -

COMPETITIVENESS AN INSTINCT FOR STRATEGY A THOROUGH GRASP

OF THE LAW A PHENOMENAL CAPACITY FOR WORK BOUNDLESS CONFIDENCE -

AND THE ABILITY TO TURN A PHRASE.

DIRECT SPECIFIC AND UNEQUIVOCAL,

HIS STYLE WAS AND IS -

IN THE BEST TRADITION

OF THE PUBLIC PROFESSION THAT HE AS A YOUNG MAN CHOSE TO

PURSUE BURKE KIBLER IS NOW A COMPLETE AND WHOLE AMERICAN LAWYER -

COMMITTED TO UNYIELDING REPRESENTATION OF HIS AND HIS LAW FIRM'S

CLIENTS.

YET IT IS NOT LEGAL SKILLS PROFESSIONAL

ACCOMPLISHMENTS OR OFFICES HELD THAT HAVE BROUGHT THOSE HERE

-4-

TODAY TOGETHER TO LAUD BURKE KIBLER.

MOTIVATED BECAUSE HE IS NONPAREIL IN FLORIDA IN HIS OVERALL

CONTRIBUTIONS AS A NON-ACADEMIC PRIVATE CITIZEN TO THE DEVELOPMENT

AND ENHANCEMENT OF PUBLIC AND PRIVATE HIGHER EDUCATION. HE

SERVED FOR YEARS WITH SINGULAR DISTINCTION ON THE BOARD OF

REGENTS INCLUDING TWO YEARS AS ITS CHAIRMAN AND ON THE

POSTSECONDARY EDUCATION PLANNING COMMISSION INCLUDING THREE

YEARS AS ITS CHAIRMAN BUT IT IS HIS CONTINUING AND UNCEASING

DEVOTION OVERALL TO HIGHER EDUCATION THAT CAUSES THE FACULTY OF

FLORIDA STATE UNIVERSITY TO RECOGNIZE HIM ON THIS OCCASION AS

TRULY A GREAT FLORIDIAN.

FOR FORTY YEARS I HAVE KNOWN

THAT BURKE KIBLER DOES NOT HAS NOT SOUGHT ACCOLADES,

-5-

INSTEAD THIS EVENT IS

INSTEAD HE HAS ACCEPTED ASSIGNMENTS OF HIGH RESPONSIBILITY BECAUSE

THOSE ASSIGNMENTS CONTRIBUTED TO THE ACCOMPLISHMENT OF GOALS THAT

HE CHERISHED,

TRULY HE FAITHFULLY AND STEADFASTLY HAS WORKED

FOR THE COMMON GOOD OF PUBLIC AND PRIVATE HIGHER EDUCATION

IN FLORIDA FOR MORE THAN A QUARTER CENTURY,

BURKE KIBLER IS A RESPECTED AND ADMIRED CIVIC AND

COMMUNITY LEADER,

FOR EXAMPLE HE RECENTLY SERVED WITH GREAT

DISTINCTION AS CHAIRMAN OF THE FLORIDA COUNCIL OF 100,

BUT

FIRST AND FOREMOST TO THOSE OF US HERE TODAY HE IS A FRIEND,

HE ACTS AND DOES AS WE PERSONALLY WANT A FRIEND TO ACT AND DO.

HAPPILY FOR ALL OF US HE HAS USED HIS TALENTS HIS SKILLS -

TO EFFECTUATE A BETTER LIFE FOR THOSE AROUND HIM,

-6-

ALTHOUGH HE IS BY MY PERSONAL STANDARDS STILL

RELATIVELY YOUNG BURKE KIBLER IS ALREADY IN THE STATE OF FLORIDA

A LIVING LEGEND A PERSON WHO LIVES BY THE ETHICAL AND PUBLIC

SERVICE PRECEPTS WHICH HISTORICALLY HAVE GUIDED THE CONDUCT OF

OUR VERY BEST CITIZENS.

HE HAS BEEN HIS OWN PERSON AND HIS

PAST INDICATES THAT HE WILL BE SO IN THE FUTURE.

HIS SELECTION

AS THE RECIPIENT OF THIS HONORARY DEGREE MERIT SELECTION BY

THE FACULTY OF THIS TRULY GREAT PUBLIC UNIVERSITY GIVES

RECOGNITION ALSO TO THOSE OTHER PUBLIC PERSONS IN FLORIDA WHO LIVE

LIFE AS IT SHOULD BE LIVED A HIGH AND.HAPPY PURSUIT OF THE

PUBLIC WEAL,

BURKE KIBLER VERILY EXEMPLIFIES THE BEST IN FLORIDA

CITIZENSHIP ONE WHO SOMETIMES IS LONELY AND EXHAUSTED BUT

-7-

ONE WHO NEVER IS UNWILLING TO WALK ANOTHER MILE TO REACH THE

DESIRED DESTINATION.

THIS DEGREE THIS HONORARY DOCTORATE -

MERITS PLAUDITS FOR BOTH HIM AND THE SPLENDID UNIVERSITY WHICH

BESTOWS IT.

WITH PRIDE IN OUR FRIEND WE TODAY HONOR A TRULY FINE

PERSON DAVID BURKE KIBLER, III.

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 305

VOLUME XXI

REFLECTIONS ON THE RULE OF LAW

CHESTERFIELD SMITH

SINCE 1958, MAY 1 HAS BEEN

DESIGNATED "LAW DAY, U.S.A." -- A DAY IN

WHICH THE AMERICAN PEOPLE CELEBRATE THEIR

SPECIAL LIBERTIES; REDEDICATE THEMSELVES

TO THE IDEALS OF EQUALITY AND JUSTICE FOR

ALL; AND CULTIVATE A RESPECT FOR THE LAW.

WHILE THESE PURPOSES OF LAW DAY EACH

YEAR REMAIN CONSTANT, THE FOCUS IS GEARED

TO AN ANNUAL THEME. THIS YEAR'S THEME IS

"GENERATIONS OF JUSTICE." THROUGHOUT THE

PAST 200 YEARS, GENERATIONS OF AMERICANS

HAVE FACED DIVERSE SOCIAL AND POLITICAL

CHANGES. DURING THESE TIMES OF GREAT

CHANGE AND CHALLENGE, AMERICANS HAVE

TURNED TO ONE OF OUR GREATEST STRENGTHS

AS A NATION -- OUR SYSTEM OF LAWS AND

JUSTICE. GENERATION AFTER GENERATION,

OUR LAWS HAVE ENABLED AMERICANS TO

SURVIVE THESE CHANGES AND MEET THESE

CHALLENGES. OUR NATION HAS FLOURISHED,

IN PART, BECAUSE WE THROUGHOUT THE YEARS

HAVE RELIED ON LAWS TO PROMOTE JUSTICE

AND TO ACCOMMODATE CHANGE.

UNFORTUNATELY, THAT RELIANCE ON THE

LAWS TO PROMOTE JUSTICE AND ACCOMMODATE

CHANGE HAS LED AMERICANS EN MASSE TO

PLACE LESS AND LESS INTEREST IN

DEVELOPING STANDARDS OF VALUE ABOVE THE

LAW. INDEED, OUR COUNTRY NO LONGER IS

RULED BY MORAL CONSENSUS. IT IS RULED

INSTEAD BY THE ETHIC OF LAWS.

THOUGHTFUL PEOPLE UNDERSTANDABLY ARE

BEGINNING TO QUESTION WHETHER LAW ALONE

CAN FILL THE VOID LEFT BY THE DIMINISHED

ACCOUNTABILITY AND THE LESSENED

RESPONSIBILITY NOW RAMPANTLY EVIDENT IN

INDIVIDUAL AMERICANS. HOWEVER, TO THOSE

WHO YEARN FOR A DIFFERING QUALITY OF

SOCIETAL RULES, THERE IS A DAWNING

RECOGNITION THAT JUST BECAUSE A PERSON

HAS THE LEGAL RIGHT TO DO SOMETHING DOES

NOT NECESSARILY MEAN THAT IT IS THE RIGHT

THING TO DO.

RARELY DOES ANY PERSON TODAY READILY

ADMIT MORAL BLAME. MODERN AMERICANS

SIMPLY DO NOT TAKE RESPONSIBILITY FOR

THEIR PERSONAL ACTIONS. MANY PEOPLE

CANNOT PERSONALLY RESOLVE EVEN THE

SIMPLEST CONFLICTS THAT ARISE IN THE

COURSE OF DAY-TO-DAY LIFE BETWEEN

THEMSELVES AND THEIR NEIGHBORS OR THEIR

GOVERNMENT. THOSE PEOPLE SIMPLY DECIDE

IT BEST FOR THE COURTS TO "ARBITRATE"

EVERY DISPUTE, EVEN THE LITTLEST. IN

THIS LITIGIOUS MODE, GUILT NO LONGER IS

SOMETHING THAT YOU FEEL, BUT SOMETHING

THAT MUST BE PROVED TO BE A VIOLATION OF

LAW TO THE EXCLUSION OF EVERY REASONABLE

DOUBT.

WELL-INFORMED PEOPLE NOW ROUTINELY

CONFUSE MORAL FAULT AND LEGAL BLAME.

SELF-DEFENSE AGAINST UNETHICAL BEHAVIOR

IS: "I, MYSELF, DID NOTHING ILLEGAL."

THAT'S WHAT CONGRESSMAN SAY, THAT'S WHAT

THE FUNDAMENTALIST PREACHERS SAY. THE

PROBLEM, IN MANY INSTANCES, IS NOT WHAT

IS ILLEGAL; IT IS WHAT IS PERFECTLY

LEGAL. ANYTHING GOES AS LONG AS CRIMINAL

CONDUCT IS AVOIDED. CULPABILITY IS NO

LONGER SYNONYMOUS WITH LIABILITY. SIMPLE

MATTERS OF CONSCIENCE ARE LESS AND LESS

IMPORTANT. BLATANT, SHAMELESS PERSONAL

STANDARDS OF CONDUCT THAT VIOLATE GOOD

SENSE AND GOOD TASTE ARE FREELY AND

CYNICALLY FOLLOWED BY HIGH AND LOW IF NOT

AGAINST THE LAW. PEOPLE NOW SELDOM MAKE

RATIONAL DISTINCTIONS BETWEEN THE CAUGHT

AND THE UNCAUGHT, THE INNOCENT AND THE

GUILTY. YET, OUR REMARKABLE LEGAL

PRESUMPTION OF INNOCENCE WAS NEVER

DESIGNED, OR EVEN INTENDED, TO ELIMINATE

PERSONAL JUDGMENTS BY INDIVIDUALS OF WHAT

IS MORALLY RIGHT AND PERMISSIBLE AND

WHAT IS MORALLY WRONG AND IMPERMISSIBLE

FOR THEMSELVES OR FOR OTHERS.

RELIANCE ON LAWS AND LAWSUITS DOES

ALLOW A PERSON TO OBTAIN RETRIBUTION FOR

SOME OR EVEN MOST WRONGS. YET, RELIANCE

ON THE LAW TO EXTRACT A REMEDY

NEUTRALIZES OR EVEN DISCOURAGES PERSONAL

CONFESSIONS AND THE RESULTING

FORGIVENESS THAT NOT ONLY RIGHTS WRONGS

BUT ALSO HEALS WOUNDS. RELIANCE ON LAWS

AND LAWSUITS OBVIOUSLY MAKES IT HARDER

FOR PERSONAL ADVERSARIES TO UNDERSTAND

EACH OTHER LATER AND TO FORGIVE AND

FORGET HARD FEELINGS.

THIS EVER-ACCELERATING RELIANCE

SOLELY ON LEGISLATIVE ACTION AND JUDICIAL

FIAT TO CORRECT WRONGS HAS LED TO A

MASSIVE SHIFT IN THE MANNER IN WHICH THE

MORES OF THIS NATION'S SOCIAL AND

CULTURAL STRUCTURE ARE PRESENTLY

ESTABLISHED. THERE IS LITTLE PUBLIC

SUPPORT FOR PURPOSEFUL STANDARDS OF

RECTITUDE BEYOND THE MINIMUM SET BY LAW.

MANIFESTLY, TO ACCEPT THE LAW AS THE ONLY

APPROPRIATE STANDARD OF CONDUCT RELIEVES

INDIVIDUALS OF ALL RESPONSIBILITY FOR

BEHAVIOR NOT FORBIDDEN BY LAW. AS AN

INEVITABLE COROLLARY, THOSE MINIMUM LEGAL

STANDARDS ARE OFTEN USED BY INDIVIDUALS

TO ADVANCE THEIR OWN PURPOSES, LEADING TO

A WIDELY HELD AND JUSTIFIED SUSPICION OF

BOTH THE LAW AND THE LEGAL SYSTEM. THE

LAW, ONCE VIEWED AS THE MINIMUM

REQUIREMENTS FOR ACCEPTABLE BEHAVIOR, IS

NOW EVOKED AS THE "CEILING," AS AN

EXAMPLE OF GOOD BEHAVIOR.

ADMITTEDLY, MORAL ARGUMENT BACKED BY

HARD FACTS REMAINS THE SINGLE MOST POTENT

FORCE IN THE WORLD FOR RECTIFYING

GLARING DEFICIENCIES IN OUR SOCIETY. IT

IS ALSO TRUE THAT ALMOST ALL LEADERS WHO

EMPHASIZE OR POINT OUT SOCIETAL

SHORTCOMINGS SIMULTANEOUSLY URGE THAT

SUCH DEFICIENCIES BE RECTIFIED BY PASSING

"CORRECTIVE" NEW LAWS. WHY HAS AMERICA,

IN RECENT TIMES, SEEMINGLY SHIFTED

EMPHASIS FROM THAT WHICH IS RIGHT TO THAT

WHICH IS LEGAL? WHAT ARE OUR CHANCES FOR

REVERSING THIS TREND? HOW IS AMERICA'S

OVERWHELMING RELIANCE ON LEGISLATIVE AND

JUDICIAL SOLUTIONS FOR SOCIETAL PROBLEMS

TO BE MITIGATED OR CURTAILED? SHOULD

AMERICA SIMPLY DECIDE THAT ONLY

MORALISTIC STANDARDS WILL BE UTILIZED TO

ACHIEVE A BETTER LIFE?

THE BEST RESPONSE, AND PERHAPS THE

ONLY EFFECTIVE RESPONSE, IS FOR

INDIVIDUAL AMERICANS PROMPTLY TO

DEMONSTRATE THAT THEY, THEMSELVES, WHILE

HONORING THE RULE OF LAW ARE ALSO CAPABLE

OF SELF-DISCIPLINE. NO MATTER HOW

THOUGHTFULLY CONCEIVED, THE LAW CANNOT

PROVIDE OR EVEN ATTEMPT TO PROVIDE A

RESPONSE TO ALL SOCIAL PROBLEMS.

HISTORICALLY, THE LAW IN ADDRESSING

SOCIAL AND ECONOMIC INJUSTICE MOST OFTEN

TRAILS RATHER THAN LEADS. THE TREND

TODAY IS FOR THE LAW TO LAG EVEN FURTHER

BEHIND.

THE LARGEST SINGLE RISK IN ALL

LEGALISTIC SYSTEMS IS THAT EACH PERSON

WILL SEEK TO USE THAT SYSTEM IN A WAY TO

SECURE PERSONAL ADVANTAGE. THE GREATER

GOOD, HOWEVER, DEMANDS THAT OUR STRONG

COUNTRY BE RULED AT LEAST IN SUBSTANTIAL

MEASURE BY MORAL CONSENSUS. IT IS

UNREALISTIC TO IGNORE THE FACT THAT

IMPROVED INDIVIDUAL PERFORMANCE UNDER

EXISTING LAW WOULD ELIMINATE MANY OF OUR

NATION'S EXISTING PROBLEMS. I DO NOT

IGNORE IT. ADMITTEDLY, NOT ALL AMERICANS

ARE DISCHARGING THEIR ACKNOWLEDGED LEGAL

RESPONSIBILITIES. TOO MANY AMERICANS

CONFUSE AND FAIL TO DISTINGUISH MORAL

WRONGS FROM CRIMINAL WRONGS. REASONING

PEOPLE EVERYWHERE EASILY CONFUSE MORAL

AND LEGAL RESPONSIBILITY.

WITH SUCH AN ATTITUDE, ADDITIONAL

EFFORTS TO OBTAIN INDIVIDUAL ADHERENCE TO

THE RULE OF LAW, EVEN IF SUCCESSFUL,

WOULD NOT ASSURE A PEACEFUL AND FRUITFUL

LIFE. AN IDEAL AMERICA WILL ONLY BE

OBTAINED IF OUR PEOPLE RESPOND NOT ONLY

TO THE LAW, BUT ABOVE THE LAW. TO PERMIT

LAW TO ESTABLISH THE ENTIRE MORAL

CRITERIA OF HUMAN BEINGS CAN ONLY RESULT

IN A TOTAL ATROPHY OF SOCIETAL

RESPONSIBILITY.

AS RECENT EVENTS IN OTHER PARTS OF

THE WORLD, SUCH AS CHINA, THE SOVIET

UNION, HUNGRY, AND POLAND HAVE SHOWN, A

LEGALISTIC SOCIETY WHICH IGNORES PERSONAL

CIVILITY, GOVERNMENTAL TRUTHFULNESS,

INTELLECTUAL INTEGRITY, HUMAN RIGHTS AND

PRIVACY, MORAL STANDARDS AND IDEALS--

INDEED ALL VALUES OTHER THAN LAW -- WILL,

IN TIME, WITHER AWAY AND DISAPPEAR. A

GOVERNMENT CANNOT LONG SURVIVE IF ITS

CITIZENS ASSUME THAT ALL CONDUCT NOT

PROHIBITED BY THAT GOVERNMENT IS

ACCEPTABLE CONDUCT. IN REAL-WORLD

SITUATIONS, LAW CAN SET MINIMUM STANDARDS

BUT IT DOES NOT NECESSARILY INSPIRE

LOFTIER GOALS. GOVERNMENT EDICTS CAN BE

THE IRREDUCIBLE BOTTOM, BUT THEY MUST

NEVER BE THE ASPIRATIONAL TOP.

IF AMERICANS CANNOT RELY ALONE ON

GOVERNMENTAL LAW, UPON WHAT SHOULD THEY

RELY? IF GOVERNMENTAL LAW IS NOT THE

PHILOSOPHICAL BASE, WHAT IS? THE ANSWER

CERTAINLY MUST BE BEYOND THE LEGISLATURE,

BEYOND THE CONGRESS, AND BEYOND EVEN OUR

COURTS AND WRITTEN CONSTITUTIONS. A

SYSTEM OF VALUES WHICH TRANSCENDS THE

RULES ARTICULATED BY SUCH INSTITUTIONS

AND DEVICES MUST HENCEFORTH BE APPLIED TO

SOCIETAL DECISION-MAKING BY AMERICANS.

FROM THIS DAY, EACH PERSON SHOULD

GIVE MORE FORCEFUL ATTENTION TO THE

ESSENTIAL ROLE OF ETHICS AND MORALITY,

ASPIRE FOR HIGHER STANDARDS THAN THOSE

IMPOSED BY GOVERNMENTAL STATUTE AND

JUDGE-MADE RULES. INDEED, THE TRUE ROLE

OF LAW ENVISIONS INTERNAL MORAL CHECKS

WITHIN EACH CITIZEN AS A NECESSARY

COMPLEMENT TO THE EXTERNAL RESTRICTIONS

OF LAW. ONLY THIS COMBINATION OF AN

INTERNALIZED VALUE SYSTEM AND EXTERNAL

CONSTRAINTS CAN ASSURE THAT INDIVIDUALS

ACT RESPONSIBLY. THUS, TOMORROW'S

DOMINANT QUESTION FOR PEOPLE THROUGHOUT

THE WORLD SHOULD BE: "IS THIS WHAT I

OUGHT TO DO?"; NOT, "IS THIS WHAT IS

REQUIRED BY LAW FROM ME?" THE DEEDS OF

AMERICANS MUST BEGIN TO LIVE UP TO THEIR

NOBLE ETHICAL RHETORIC.

95000-00 4555SNEW WP038 12
04/30/90

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 306

VOLUME XXI

REMARKS OF:

FOR THE:

DATE:

TIME:

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

CEREMONIAL SESSION OF THE

SUPREME COURT OF FLORIDA FOR

THE JUSTICE JOSEPH W. HATCHET

ORAL HISTORY PROGRAM

WEDNESDAY, MAY 2, 1990

EIGHT MINUTES

BY MY OWN PERSONAL STANDARDS -- THE STILL

RELATIVELY YOUNG JOSEPH W. HATCHETT IS ALREADY

A LIVING LEGEND IN FLORIDA LAW. HE WAS THE FIRST

BLACK PERSON APPOINTED TO FLORIDA'S HIGHEST

COURT -- SINCE RECONSTRUCTION -- THE FIRST

BLACK PERSON ELECTED TO THAT HIGHEST COURT --

THE FIRST BLACK PERSON ELECTED TO PUBLIC OFFICE IN

A STATE-WIDE ELECTION IN THE SOUTH -- AND THE

FIRST BLACK PERSON TO SERVE ON A FEDERAL APPEL-

LATE COURT IN THE SOUTH. JOE HATCHETT IS A

PERSON WHO LIVES -- AND HAS LIVED -- BY THE

ETHICAL PRECEPTS WHICH HISTORICALLY HAVE GUIDED

THE CONDUCT OF TRULY GREAT JUDGES AND LAWYERS

OF OUR PAST AND PRESENT -- EPITOMIZING BY HIS

PROFESSIONAL CONDUCT THAT WHICH IS VERY GOOD

ABOUT A FREE AMERICAN. JOE HATCHET TO ME

EXEMPLIFIES THE BEST IN AN AMERICAN JUDGE -- ONE

WHO SOMETIMES IS LONELY, BUT WHO NEVER SHIRKS

STANDING ALONE.

THE CALIBER OF A STATE'S JUDICIARY IS A

PRIME YARDSTICK OF ITS CULTURE. IN A SOCIETY AS

SATURATED WITH LAW AS OURS -- IN A STATE WITH A

BURGEONING POPULATION -- IN A STATE SO ORIENTED

TO LITIGATION AS FLORIDA -- THE CHOICE OF WHICH

FLORIDA LAWYER SHOULD SIT ON THE BENCH OF THE

HIGHEST COURT OF THE STATE ALWAYS IS A

DECISION OF PARTICULAR IMPORTANCE. NOT

SURPRISINGLY, THE DECISION OF WHO SHOULD BE THE

ULTIMATE GUARDIAN OF OUR LIBERTIES -- THE FINAL

ARBITER OF STATE LAW -- THE FLORIDA CONSTITUTION

AND THE FLORIDA STATUTES -- IS A DECISION THAT

AROUSES CONTENTION AMONG THOSE ALREADY ON THE

BENCH -- THOSE WHO COVET THE POSITION -- THOSE

WHO COMPRISE THE BAR -- AND THOSE OF THE

GENERAL PUBLIC WHO ARE TO BE JUDGED BY THE PER-

SON SELECTED. IN THE 1976 ELECTION --THE

QUESTION OF WHO WAS TO BE A JUSTICE OF THE

SUPREME COURT OF FLORIDA WAS PARTICULARLY

HEATED.

MY FRIEND -- BILL RATES -- AND I

SERVED AS HONORARY CO-CHAIRMEN OF THE CAMPAIGN

TO ELECT JOE HATCHETT AS THE SUPREME COURT JUS-

TICE IN THAT 1976 RACE. SHARING THAT PRIVILEGE

WERE OTHER GOOD FRIENDS -- GEORGE ALLEN --

ED GAY -- AND TERRELL SESSUMS. THE CAMPAIGN

MANAGER IN THAT 1976 ELECTION WAS HOWELL FER-

GUSON -- WHO DID A MAGNIFICENT JOB OF KEEPING

THE CAMPAIGN MACHINERY UP AND RUNNING ON A DAILY

BASIS -- MAKING SURE THAT JOE HATCHETT HAD AN

OPPORTUNITY TO SAMPLE THE FOOD OF LUNCHEON

CLUBS FROM PENSACOLA TO PAHOKEE.

THE 1976 ELECTION -- TO ME -- IS HISTORI-

CALLY SIGNIFICANT. .FIRST, IT WAS THE LAST

ELECTION UNDER A SYSTEM WHERE SUPREME COURT

JUSTICES FACED OPPONENTS IN A STATE-WIDE ELECTION

AND SECOND -- IT WAS THE FIRST TIME THE

CITIZENS OF THIS STATE -- INDEED IN THE ENTIRE

SOUTH -- ELECTED -- BY A LANDSLIDE MARGIN -- A

BLACK PERSON TO SERVE IN A STATE-WIDE OFFICE.

UNDER THE NEW SYSTEM -- IF THERE WAS A

VACANCY ON THE COURT -- THE GOVERNOR APPOINTED

ONE OF THE PERSONS SUBMITTED BY THE SUPREME

COURT JUDICIAL NOMINATING COMMISSION. IN 1975

GOVERNOR REUBIN ASKEW SELECTED FROM THAT PANEL

JOE HATCHETT TO FILL THE VACANCY CREATED BY A

RESIGNATION. TO CONTINUE TO SERVE A FULL TERM

-- JOE HATCHET HAD TO STAND FOR ELECTION IN THE

PRIMARY ELECTION IN SEPTEMBER 1976. HIS OPPOSI-

TION WAS HARVIE DUVAL -- THEN A WELL-KNOWN

CIRCUIT COURT JUDGE IN DADE COUNTY.

IT SEEMED

SEEMS CLEAR NOW

PAIGN WAS BASED

CLEAR TO ME THEN

ON

THAT THE

DELIBERATE

-- AND IT

HARVIE DUVAL CAM-

INACCURACIES AND

INNUEN

HIS 13

REVERS

A

REPORT

HERALD

FACT

HAD BE

DOS. FOR EXAMPLE --HE CLAIMED THAT IN

(EARS AS A TRIAL JUDGE HE HAD LESS THAN 20

ALS IN THE THOUSANDS OF CASES HE HAD TRIED

LITTLE INVESTIGATIVE RESEARCH BY A YOUNG

ER -- TOM FIEDLER -- NOW OF THE MIAMI

-- BROUGHT TO LIGHT THE REAL TRUTH -- IN

-HARVIE DUVAL -- AS A TRIAL JUDGE --

EN REVERSED BY APPELLATE COURTS OVER 60

TIMES. BACK-PEDDLING -- WHICH BECAME A

COMMON EXERCISE IN THE CAMPAIGN -- HARVIE DUVAL

LATER CLAIMED HE WAS ONLY COUNTING REVERSALS OF

FINAL JUDGMENTS -- NOT OTHER JUDICIAL ORDERS.

NOT CONTENT SIMPLY

JUDGE DUVAL'S JUDICIAL RECORD

PAIGN NEXT UNLEASHED

MISREPRESENTATIONS REGARDING

JUDICIAL RECORD RUNNING

SERTED JOE HATCHET HAD "NO

EXPERIENCE." IN FACT

BEEN IN PRIV1

BEACH BEFORE

NEY

JACKSONVILLE

TO MISREPRESENT

-- THE DUVAL CAM-

A BARRAGE OF

JOE HATCHET'S

ADS WHICH AS-

STATE TRIAL COURT

JOE HATCHETT HAD

TE PRACTICE FOR YEARS IN DAYTONA

BECOMING AN ASSISTANT U.S. ATTOR-

AND LATER MAGISTRATE -- IN

IN THE UNITED STATED DISTRICT

A

COURT FOR THE MIDDLE DISTRICT OF FLORIDA. HAR-

VIE DUVAL'S POLITICAL ADS ALSO ATTACKED JOE

HATCHETT'S PERFORMANCE AS A SUPREME COURT JUS-

TICE -- CLAIMING THAT JOE HATCHETT WAS "FARTHEST

BEHIND IN HIS WORK OF ALL OTHER JUSTICES." WHEN

PRESSED FOR PROOF -- HARVIE DUVAL SIMPLY

STATED THAT HE HAD "A SOURCE". USING A

THEME POPULAR IN TODAY'S POLITICAL CAMPAIGN

HARVIE DUVAL ALSO ACCUSED HATCHETT OF BEING

SOFT ON CAPITAL PUNISHMENT -- OF BEING A LIBERAL

WHO WOULD REFUSE TO IMPOSE THE DEATH PENALTY.

IN FACT -- JOE HATCHETT HAD BEEN AT THAT TIME

PART OF THE MAJORITY IN SEVERAL FLORIDA SUPREME

COURT OPINIONS UPHOLDING -- UNDER FLORIDA LAW

-- DEATH SENTENCES.

TO ME -- THE MOST DISGUSTING AND DIS-

GRACEFUL OF ALL THAT POLITICAL MUDSLINGING

CENTERED ON RACE. WITHOUT SHAME -- DUVAL

BLATANTLY CONTENDED THAT THE ONLY REASON GOVER-

NOR RUBIN ASKEW HAD APPOINTED JOE HATCHETT TO

THE SUPREME COURT WAS BECAUSE HE WAS A BLACK

MAN. "REVERSE DISCRIMINATION" BECAME A CENTRAL

PLANK IN THE DUVAL CAMPAIGN -- EVERYONE IN

FLORIDA WAS TO KNOW THAT DUVAL WAS A WHITE MAN

RUNNING AGAINST HATCHETT -- A BLACK MAN.

IN A HEATED DEBATE BEFORE THE MIAMI TIGER

BAY CLUB -- IN A CITY -- THEN AND NOW -- PAR-

TICULARLY SENSITIVE TO RACE ISSUES -- HARVIE

DUVAL STIRRED THE BOILING RACIAL STEW EVEN FUR-

THER. HE ASSERTED THAT IN 1975 GOVERNOR

ASKEW HAD BEEN DETERMINED TO NAME ONLY A BLACK

MAN TO THE COURT --

NOMINATING COMMISSION

DIFFERENT LISTS OF WH

WHICH GOVERNOR ASKEW

JUDICIAL NOMINATING COM

JOE HATCHETT'S NAME

BOTH THE GOVERNOR AND

MISSION

DENIED THESE

AND THAT THE JUDICIAL

HAD TWICE SUBMITTED TWO

ITE CANDIDATES -- ALL OF

REFUSED UNTIL THE

MISSION FINALLY SUBMITTED

AS A SEVENTH CANDIDATE.

JUDICIAL NOMINATING COM-

ACCUSATIONS AND BOTH

AFFIRMED THAT JOE HATCHET'S NAME HAD BEEN IN-

CLUDED AMONG SEVEN LAWYERS SUBMITTED ON THE

ORIGINAL LIST. THERE ARE -- IN THIS AUDIENCE

-- LAWYERS WHO SERVED ON THAT NOMINATING COM-

MISSION -- THEY KNOW.

LIKE MANY OTHER CITIZENS OF THIS STATE --

I WAS APPALLED AND OFFENDED AT THESE NOT-AT-ALL

SUBTLE ATTEMPTS TO PIT WHITE AGAINST BLACK IN

THE '76 CAMPAIGN. YET THROUGHOUT THE HEATED

BATTLE -- JOE HATCHETT TOOK THE HIGH ROAD --

REFUSING TO BE DRAGGED TO THE LEVEL AT WHICH HIS

OPPONENT CHOSE TO FIGHT. JOE HATCHETT MAIN-

TAINED A CALM -- DETACHED POSTURE --

CHARACTERISTIC OF A TRUE -- AND GOOD -- JURIST.

HE MAINTAINED A STEADY AND QUIET FOCUS ON THE

REAL ISSUES -- HE HAD MADE HIS DECISION TO SERVE

THE PEOPLE ALL OF THE PEOPLE OF THE STATE OF

FLORIDA -- FAIRLY AND IMPARTIALLY. JOE

HATCHETT REALIZED THAT ANY RACE WORTH WINNING

MUST BE ONE BASED ON WHO THE PERSON IS -- NOT

ON THE COLOR OF HIS SKIN.

ONE OFTEN FEARS THAT ELECTIONS WILL BE

WON BY THE CANDIDATE THAT SCREAMS THE LOUDEST

AND SLINGS THE MOST ACCUSATIONS AT THE OPPONENT.

THE CITIZENS OF FLORIDA IN 1976 PIERCED THROUGH

THE FALSE ACCUSATIONS -- IGNORED THE ATTEMPT TO

MAKE RACE AN ISSUE -- AND CORRECTLY PERCEIVED

AND VOTED FOR THE CANDIDATE WHO STOOD FOR IN-

TEGRITY -- COURAGE -- AND FAIRNESS. BY A

LANDSLIDE MARGIN -- THE VOTERS OF FLORIDA AF-

FIRMED GOVERNOR ASKEW'S CHOICE. TOGETHER

-- THE VOTERS OF FLORIDA AND JOE HATCHETT MADE

HISTORY.

JUSTICE -- UNITED STATES CIRCUIT JUDGE

JOSEPH W. HATCHETT IS A NOBLE SON OF FLORIDA.

NONPAREIL PERSON WHO HAS GIVEN HIS STATE -- 1

SOUTH -- AND THE JUDICIAL SYSTEM SO VERY MU(

A

"HE

CH.

II

'SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 307

VOLUME XXI

REMARKS OF: CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

PLACE: INVESTITURE OF W. THOMAS SPENCER

JUDGE OF THE CIRCUIT COURT OF THE

11TH JUDICIAL CIRCUIT OF FLORIDA

DATE: FRIDAY, MAY 25, 1990

12:15 P.M.

TIME: THREE MINUTES

WE ALL KNOW WHAT WE WANT IN A TRIAL JUDGE

- WE WANT WISE AND GOOD MEN OR WOMEN WHO HAVE

DISTINGUISHED THEMSELVES BOTH IN THE FIELD OF LAW

AND IN THE WIDER PUBLIC CONSTITUENCY WE WANT

THOSE WHO POSSESS THAT ESSENTIAL COMBINATION OF

WISDOM JUDGMENT AND FAIRNESS THAT GOVERNS A

VIABLE LEGAL SYSTEM. WE KNOW THAT THE DESIRABLE

JUDICIAL QUALITIES INCLUDE MODESTY SCHOLARSHIP

- BALANCE DIGNITY RESTRAINT AND REFLECTION.

ALTHOUGH WE PRESUPPOSE THAT W. THOMAS

SPENCER POSSESSES THOSE QUALITIES WE ALSO KNOW

THAT A LAWYER WHO ASSUMES THIS PRESTIGIOUS JUDI-

CIAL OFFICE CAN NEVER WITH CONFIDENCE AS HE OR

SHE ENTERS OFFICE BE CALLED A GREAT TRIAL JUDGE.

THAT IS A TITLE WHICH CAN ONLY BE EARNED EARNED

BY YEARS OF DEDICATED SERVICE ON THE BENCH. IT IS

NOT APPROPRIATE NOW AS TOM SPENCER BEGINS A

JUDICIAL CAREER TO CALL HIM A GREAT OR EVEN A

GOOD JUDGE. THAT IS A PREMATURE DECISION WHICH

CANNOT BE BASED ON FACT.

BUT IT IS BOTH PROPER AND APPROPRIATE THAT

HE BE EVALUATED FOR HIS POTENTIAL. THE GOVERNOR

OF THE STATE OF FLORIDA AND THE JUDICIAL NOMINAT-

ING COMMISSION FOR THIS CIRCUIT HAVE EACH MADE

THAT EVALUATION AND THEIR CONCLUSION WAS THAT

THE POTENTIAL IS GOOD. EACH OF US HERE TODAY ALSO

HAVE OUR OWN IDEAS AND JUDGMENTS ABOUT TOM

SPENCER AND HIS CAPACITY AS A LAWYER AND AS A

PERSON AND HIS POTENTIAL FOR EFFECTIVE AND

HONORABLE SERVICE ON THIS COURT.

KNOWINGLY WE THEN PARTICIPATE IN HIS IN-

VESTITURE AS A JUDGE OF THIS COURT BELIEVING THAT

IN A UNIQUE AND MARKED DEGREE HE SEEMS TO US TO

POSSESS THOSE RARE AND PRECIOUS QUALITIES WHICH

CAN MAKE HIM A TRULY GREAT JUDGE.

BY EDUCATION BY EXPERIENCE BY APTITUDE

- BY DEMONSTRATED CHARACTER TOM SPENCER AP-

PEARS TO US TO HAVE THE HIGHEST POTENTIAL TO SERVE

THIS COURT AND THIS STATE IN SUCH A WAY THAT HE

WILL IN HISTORY JOIN THE MORE MAGNIFICENT OF THE

GREAT JUDGES WHO OVER THE YEARS HAVE GRACED THE

CIRCUIT COURTS OF FLORIDA. ONLY TIME AND TOM

SPENCER CAN PROVE US RIGHT SO LET HIM BEGIN.

THANK YOU.

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 308

VOLUME XXI

PRINCIPLES OF ADVOCACY FOR HOLLAND & KNIGHT TRIAL LAWYERS

Clients who retain a Holland & Knight trial lawyer to

undertake an adversarial representation should be aware in

advance of the following Holland & Knight professional

principles:

A Holland & Knight trial lawyer owes the justice

system personal dignity, integrity, independence and

respect. A Holland & Knight trial lawyer must assure that

all persons have access to competent legal representation

regardless of wealth or position in life.

A Holland & Knight trial lawyer owes to the client

allegiance, learning, skill, and industry. A Holland &

Knight trial lawyer shall employ all appropriate legal means

to protect and advance the client's legitimate rights,

claims, and objectives without being deterred by any real or

imagined fear of judicial disfavor or public unpopularity.

a A Holland & Knight trial lawyer will endeavor to

achieve the client's lawful objectives in litigation as

quickly and economically as possible. A Holland & Knight

trial lawyer will advise the client regarding the

availability of mediation, arbitration and other alternative

methods which may resolve disputes more quickly and

economically.

A Holland & Knight trial lawyer owes to adverse

parties and witnesses courtesy, fairness, and due

consideration. A Holland & Knight trial lawyer will not

engage in abusive or offensive conduct to any of them, and

will not acquiesce to the client's demand to do so. A

Holland & Knight trial lawyer will advise the client that

actions which are without merit, or which are intended

primarily to harass or drain the financial resources of the

opposing party, or which are intended primarily for delay,

will not be pursued by her or him.

A Holland & Knight trial lawyer owes to opposing

counsel courtesy, reasonable cooperation, and scrupulous

observance of all agreements and mutual understandings.

A Holland & Knight trial lawyer will be courteous

and prompt in oral and written communications, not

quarreling over matters of form or style, but

concentrating only on matters of substance.

A Holland & Knight trial lawyer will notify

opposing counsel, and, if appropriate, the Court or

other persons, as soon as practicable, when

hearings, depositions, meetings, or conferences

are cancelled or changed.

A Holland & Knight trial lawyer will agree to

reasonable requests for extensions of time and for

waiver of procedural formalities, provided

legitimate objectives of the client will not be

adversely affected. The right to determine whether

to grant accommodations in all matters that do not

adversely affect the client's lawful objectives is

reserved solely to the Holland & Knight trial

lawyer.

* A Holland & Knight trial lawyer will attempt to

resolve by agreement objections to matters

contained in pleadings and discovery requests and

responses.

* A Holland & Knight trial lawyer will not

arbitrarily schedule a deposition, court

appearance, or hearing until a good faith effort

has been made to schedule it by agreement with

opposing counsel.

* A Holland & Knight trial lawyer will stipulate to

undisputed facts in order to avoid needless costs

or inconvenience for any party.

* A Holland & Knight trial lawyer will not engage in

excessive or abusive discovery practices.

* A Holland & Knight trial lawyer will comply with

all reasonable discovery requests, not resisting

reasonable and clearly lawful discovery requests.

* A Holland & Knight trial lawyer will not seek Court

intervention to obtain discovery which is clearly

improper and not discoverable.

* A Holland & Knight trial lawyer will not seek

sanctions or disqualification unless it is

necessary for protection of the client's lawful

objectives or is fully justified by the

circumstances.

A Holland & Knight trial lawyer will not take

advantage by causing any default or dismissal to

be rendered when the identity of an opposing

counsel is known without first inquiring about that

counsel's intention to proceed.

A Holland & Knight trial lawyer will submit

promptly orders to the Court which accurately

reflect the rulings of the Court and deliver

copies to opposing counsel before or

contemporaneously with submission to the Court.

A Holland & Knight trial lawyer owes judges

respect, diligence, candor, punctuality, and protection

against unjust and improper criticism and attack. Since the

judge is the symbol of both the judicial system and the

administration of justice, a Holland & Knight trial lawyer

will refrain from conduct that degrades that symbol.

A Holland & Knight trial lawyer always will conduct

herself or himself in Court in a professional

manner, demonstrating respect for the Court and the

law.

A Holland & Knight trial lawyer will treat the

Court and members of the Court staff with courtesy

and civility.

A Holland & Knight trial lawyer will be punctual in

judicial proceedings.

A Holland & Knight trial lawyer will not engage in

any conduct which offends the dignity and decorum

of judicial proceedings, and will respect the

rulings of the Court.

A Holland & Knight trial lawyer will not knowingly

misrepresent, mischaracterize, misquote or miscite

facts or authorities to the Court to gain an

advantage.

A Holland & Knight trial lawyer will be considerate

of the time constraints and pressures imposed upon

the Court, Court staff and opposing counsel in

efforts to resolve civil or criminal disputes.

A Holland & Knight trial lawyer owes to the legal

profession a duty to be both an effective advocate and an

ethical lawyer. A Holland & Knight trial lawyer disagrees

without being disagreeable, avoids disparaging remarks

towards opposing counsel and others, and recognizes that

effective representation does not require antagonistic or

obnoxious behavior. A Holland & Knight trial lawyer will

neither encourage nor knowingly permit the client, or anyone

else, to do anything which would be unethical or improper if

done by the Holland & Knight trial lawyer. A Holland &

Knight trial lawyer will not without good cause attribute

bad motives or unethical conduct to opposing counsel nor

bring the legal profession into disrepute by unfounded

accusations of impropriety. A Holland & Knight trial lawyer

will not be influenced by any ill feeling between clients,

and will abstain from any illusion to personal peculiarities

or idiosyncrasies of opposing counsel.

00000-0 4634SPEE WP158
04/16/90

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 309

VOLUME XXI

REMARKS OF:

BEFORE:

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

1990 HOLLAND & KNIGHT

SUMMER ASSOCIATES RETREAT

PLACE:

THE RITZ-CARLTON

NAPLES, FLORIDA

FRIDAY, JULY 13, 1990

3oq

DATE:

ONE THING IS CLEAR TO ME

HALLMARK OF THE LEGAL PROFESSION IS AND

ALWAYS HAS BEEN ITS COMMITMENT TO PUBLIC

SERVICE. HOLLAND & KNIGHT LAWYERS LIKE

LAWYERS EVERYWHERE DO LEGITIMATELY SEEK

FROM THE PRACTICE OF LAW WEALTH AND PERSONAL

POWER BUT THOSE WHO SEEK ONLY THOSE TWO

PERSONAL REWARDS WILL MISS MUCH. LIKE MANY

OTHERS OF MY TIME I AM INCREASINGLY

CONCERNED THAT THE EVER-ACCELERATING

ATTENTION TO THE MONETARY RETURNS OF LAW

PRACTICE IS HAVING A DAMPENING EFFECT ON THE

- THE UNIQUE

SPIRIT OF VOLUNTEERISM; ON THE PROFESSIONAL

COMMITMENT TO PRO-BONO WORK.

NOT VERY LONG AGO A LAWYER ROUTINELY

WAS AN ADVISOR IN THE TRUEST SENSE OF THAT

WORD A TRUSTED COUNSELLOR TO CLIENTS WHO

MORE OFTEN THAN NOT WERE ALSO FRIENDS -

FOCUSING ON THE TRADITIONAL OBLIGATIONS OF

THE ADVOCATE:

THE OBLIGATION OF PUBLIC SERVICE;

THE OBLIGATION OF SERVICE TO THE

PROFESSION;

THE OBLIGATION OF IMPROVING OUR

SYSTEM OF JUSTICE.

NOW IT OFTEN SEEMS THAT THE PRINCIPLE

OBLIGATION IS TO BE SUCCESSFUL FINANCIALLY.

WITHOUT ANSWERING MY CONCERNS ABOUT

BOTTOM LINE MENTALITY OR WITHOUT

MINIMIZING THE LEGITIMATE A OF

INDIVIDUAL HOLLAND & KNIGHT LAWYERS IN DOING

WELL FINANCIALLY I UNABASHEDLY OFFER THE

FOLLOWING PERSONAL THOUGHTS ABOUT OTHER

REWARDS OTHER BENEFITS ASSOCIATED WITH

BEING A HOLLAND & KNIGHT LAWYER.

FIRST TO BE A LAWYER IN THE HOLLAND &

KNIGHT SENSE A PERSON SHOULD PERHAPS

MUST ENJOY UTILIZING CREATIVE ABILITIES

AND IMAGINATION IN THE SOLUTION OF DIFFICULT

AND CHALLENGING INTELLECTUAL PROBLEMS. AS

I SEE IT THE GREATEST PROFESSIONAL

PLEASURE THAT CAN COME TO A HOLLAND & KNIGHT

LAWYER IS TO SEE HARD THINKING TRANSLATED

INTO GOOD RESULTS FOR FIRM CLIENTS. A

HOLLAND & KNIGHT LAWYER SHOULD PICTURE

HIMSELF OR HERSELF ALWAYS AS A RESPECTED AND

INDEPENDENT PROFESSIONAL A PERSON OF

INTEGRITY WHO HAS ESTABLISHED PROFESSIONAL

STANDARDS FOR DECIDING WHAT SHE OR HE WILL

AND WILL NOT DO AS A LAWYER. INDEED -

EACH HOLLAND & KNIGHT LAWYER ALWAYS MUST BE

READY TO BE JUDGED BY THE LEGAL PROFESSION -

BY THE PUBLIC AND BY HER OR HIS PEERS AT

HOLLAND & KNIGHT FOR THOSE DECISIONS.

SECOND A HOLLAND & KNIGHT LAWYER

CONTINUOUSLY SHOULD BE IN THE FOREFRONT OF

THOSE SEEKING NEEDED CHANGES OR REFORMS IN

LAWS LEGAL PROCESSES THE LEGAL

PROFESSION -AND SOCIETY. A HOLLAND &

KNIGHT LAWYER WELL KNOWS THAT ALMOST EVERY

MAJOR SOCIETAL OR PUBLIC ISSUE INVOLVES LAW

- AND THAT A HOLLAND & KNIGHT LAWYER AS A

COMMITTED PROFESSIONAL SHOULD WORK DILIGENTLY

THROUGH LAW REFORM TO MAKE LAW WORK EVER

BETTER.

THIRD MANY

LAWYERS IN HOLLAND & KNIGHT HAVE ALREADY

PLAYED SIGNIFICANT ROLES IN HUMAN AND CIVIL

RIGHTS ISSUES. OBVIOUSLY THE LEGAL

PROFESSION ITSELF AS IT BECOMES EVER MORE

ORIENTED TO THE BOTTOM LINE IS UNDERGOING

FUNDAMENTAL MODIFICATION. AS LARGE LAW

FIRMS GET LARGER AS THE COMPETITION FOR

LEGAL BUSINESS GETS FIERCER AND AS

PRESSURES INCREASE TO FIND ALTERNATIVES TO

LITIGATION FOR RESOLVING DISPUTES HOLLAND

& KNIGHT LAWYERS STILL MUST CONTINUE TO TAKE

THE LEAD PRO BONO PUBLIC IN THE AREAS OF

CIVIL AND HUMAN RIGHTS. HOLLAND & KNIGHT

LAWYERS HAVE RIGHTLY EARNED A REPUTATION FOR

SUCH WORK TRADITIONALLY REPRESENTING

PEOPLE WITH DIFFICULTIES AND FEARS THAT

OVERWHELM THEM REPRESENTING FREELY AND

OFTEN THOSE ENMESHED IN FRIGHTENING LEGAL

AREAS WHO ARE EITHER UNREPRESENTED OR

UNDERREPRESENTED. A HOLLAND & KNIGHT

LAWYER KNOWS HAS KNOWN AND WILL KNOW

THE VERY SPECIAL SATISFACTION THAT CAN COME

TO A LAWYER WHEN SHE OR HE DISCHARGES THE

UNIQUE RESPONSIBILITY OF PROVIDING LEGAL HELP

TO PEOPLE MOST IN NEED OF COMPETENT LEGAL

SERVICES AT THE TIME OF THEIR GREATEST

VULNERABILITY.

FOURTH tT=S PERHAPS BOTH TRITE AND

SMUG AS A OBSERVATION Or A HOLLAND &

KNIGHT LAWYER ABOVE ALL MUST KNOW MUST

APPRECIATE THAT IF SHE OR HE AND THEIR

PEERS WHO HAVE CAST THEIR TOTAL

PROFESSIONAL LOT WITH THE ADVERSARY SYSTEM OF

JUSTICE DO NOT INDIVIDUALLY DISCHARGE IN A

NOBLE WAY THAT UNIQUE OBLIGATION TO MAKE THE

PROCESSES OF JUSTICE WORK NO ONE ANYWHERE

WILL ACCEPT THAT RESPONSIBILITY. THE

COURTS SHOULD DISPENSE JUSTICE BUT

PERHAPS EVEN MORE SIGNIFICANTLY THE COURTS

MUST BE PERCEIVED BY CITIZENS EVERYWHERE -

BY LITIGANTS EVERYWHERE TO DISPENSE EVEN-

HANDED JUSTICE. IT IS4AN OBLIGATION OF A

HOLLAND & KNIGHT LAWYER TO MAKE THAT

PERCEPTION A REALITY BY FIGHTING ALWAYS TO

ENHANCE JUDICIAL AND LAWYER EFFICIENCY AND

COMPETENCY. a

FIFTH HOLLAND & KNIGHT AS A LAW FIRM

ADMITTEDLY IsIA CONCERNED THAT ALL OR

SOME OF THE BEST THE BRIGHTEST THE

MOST IDEALISTIC OF THOSE WHO HAVE BEEN AND

ARE ENTERING THE LEGAL PROFESSION MIGHT

CHOOSE OTHER WAYS TO MAKE A LIVING IF BOTTOM

LINE PROFITS IF MONETARY DISTRIBUTIONS -

CONTINUE TO BE PLACED MORE AND MORE BV
144aJ +- IOO44 -4t44" 't
TRUE PROFESSIONALISM. 4 PERHAPS IT To$ IS

TIME THAT LEGAL CODES OF ETHICSAND RULES OF

LAWYER CONDUCT) MOVE SOMEWHAT CLOSER TO
um oaxt
REALITY BY FREELY AND FRANKLY REQUIRINGAAN

ACKNOWLEDGMENT AND DISCHARGE OF THE

TRADITIONAL DUTIES OF LAWYERS. WHILE THE

BEST HOLLAND & KNIGHT LAWYERS ALWAYS HAVE

ACKNOWLEDGED AND RECOGNIZED THAT EARNING A

10

LIVING OF NECESSITY HAS TO BE A PREOCCUPATION

- IT IS NOW PERHAPS PARTICULARLY APPROPRIATE

THAT THE LAW FIRM ITSELF7AFFIRMATIVELY ENSURE

THAT EACH LAWYER TOO CAN STILL FIND TIME FOR

OTHER SOURCES OF SELF-FULFILLMENT WHILE STILL

EARNING THAT VERY GOOD LIVING. HOLLAND &

KNIGHT MUST CONTINUE AS IT TRADITIONALLY

HAS TO AFFIRM THAT YOU WILL BE A GREAT

LAWYER AT HOLLAND & KNIGHT ONLY IF YOU ARE A

GREAT AND FULL PERSON THAT YOU WILL BE A

GOOD HOLLAND & KNIGHT LAWYER ONLY IF YOU ARE

A GOOD AND RESPONSIBLE CITIZEN.

11

SIXTH REGRETTABLY THE QUESTION MOST

ANSWERED FOR CLIENTS BY HOLLAND & KNIGHT

LAWYERS TODAY IS: IS IT LEGAL? NOT:

IS IT RIGHT? AS CURRENT EVENTS THROUGHOUT

THE WORLD SHOW A LEGALISTIC SOCIETY WHICH

IGNORES ALL VALUES OTHER THAN LAW IS A

SOCIETY WHICH ULTIMATELY WILL WITHER AWAY AND

DISAPPEAR. NO STATE CAN LONG SURVIVE IF

ITS PEOPLE ASSUME THAT CONDUCT NOT FORBIDDEN

BY LAW IS ACCEPTABLE CONDUCT AND A HOLLAND

& KNIGHT LAWYER MUST NEVER MAKE THAT

ASSUMPTION. LAW NECESSARILY SHOULD SET

MINIMUM STANDARDS BUT NOT THE LOFTIER

12

GOALS. LAW CAN BE ONLY THE BOTTOM BUT

IT MUST NOT BE THE CEILING.

THUS HOLLAND & KNIGHT J AYERS IN ADVISING

THEIR CLIENTSAALWAYS MST/ CONSIDER THE

ESSENTIAL ROLE OF BOTH THE LAW AND MORALS AND

ETHICS. GENERALLY HOLLAND & KNIGHT

LAWYERS HAVE DONE SO AND THEY MUST

iTO DO SO. HOLLAND & KNIGHT

LAWYERS MUST CONTINUE TO ASPIRE FOR HIGHER

STANDARDS THAN THE MINIMUM FROM THOSE

CLIENTS THEY COUNSEL. THE DOMINANT

QUESTION FOR HOLLAND & KNIGHT LAWYERS IN

COUNSELING THEIR CLIENTS SHOULD ALWAYS BE:

13

IS IT RIGHT? BEING LEGALLY PERMISSIBLE

NOT SUFFICIENT IF THE CONTEMPLATED ACTION

IS

IS

NOT THE RIGHT THING TO DO. IF HOLLAND &

KNIGHT LAWYERS ALL CONTINUE TO COUNSEL THEIR

CLIENTS TO DO GOOD AND RIGHT4 HOLLAND &

KNIGHT LAWYERS AND THEIR CLIENTS WILL

CONTINUE TO DO WELL BOTH FINANCIALLY AND

AS LEGAL PROFESSIONALS IN ALL ASPECTS OF OUR

NOBLEST TRADITIONS.

TO BE A HOLLAND & KNIGHT LAWYER IS A VERY

FINE THING ALL OF WHICH PLEASES ME GREATLY

AFTER FORTY YEARS WITH THIS SPLENDID LAW

14

FIRM. I HOPE ALL OF YOU OR MOST OF YOU

- WILL FEEL THE SAME WAY.

(END)

15

REMARKS OF:

BEFORE:

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

1990 HOLLAND & KNIGHT

SUMMER ASSOCIATES RETREAT

PLACE:

THE RITZ-CARLTON

NAPLES, FLORIDA

FRIDAY, JULY 13, 1990

DATE:

ONE THING IS CLEAR TO ME THE UNIQUE

HALLMARK OF THE LEGAL PROFESSION IS AND

ALWAYS HAS BEEN ITS COMMITMENT TO PUBLIC

SERVICE. HOLLAND & KNIGHT LAWYERS LIKE

LAWYERS EVERYWHERE DO LEGITIMATELY SEEK

FROM THE PRACTICE OF LAW WEALTH AND PERSONAL

POWER BUT THOSE WHO SEEK ONLY THOSE TWO

PERSONAL REWARDS WILL MISS MUCH. LIKE MANY

OTHERS OF MY TIME I AM INCREASINGLY

CONCERNED THAT THE EVER-ACCELERATING

ATTENTION TO THE MONETARY RETURNS OF LAW

PRACTICE IS HAVING A DAMPENING EFFECT ON THE

SPIRIT OF VOLUNTEERISM; ON THE PROFESSIONAL

COMMITMENT TO PRO-BONO WORK.

NOT VERY LONG AGO A LAWYER ROUTINELY

WAS AN ADVISOR IN THE TRUEST SENSE OF THAT

WORD A TRUSTED COUNSELLOR TO CLIENTS WHO

MORE OFTEN THAN NOT WERE ALSO FRIENDS -

FOCUSING ON THE TRADITIONAL OBLIGATIONS OF

THE ADVOCATE:

THE OBLIGATION OF PUBLIC SERVICE;

THE OBLIGATION OF SERVICE TO THE

PROFESSION;

THE OBLIGATION OF IMPROVING OUR

SYSTEM OF JUSTICE.

NOW IT OFTEN SEEMS THAT THE PRINCIPLE

OBLIGATION IS TO BE SUCCESSFUL FINANCIALLY.

WITHOUT ANSWERING MY CONCERNS ABOUT

BOTTOM LINE MENTALITY OR WITHOUT

MINIMIZING THE LEGITIMATE INTENT OF

INDIVIDUAL HOLLAND & KNIGHT LAWYERS IN DOING

WELL FINANCIALLY I UNABASHEDLY OFFER THE

FOLLOWING PERSONAL THOUGHTS ABOUT OTHER

REWARDS OTHER BENEFITS ASSOCIATED WITH

BEING A HOLLAND & KNIGHT LAWYER.

FIRST TO BE A LAWYER IN THE HOLLAND &

KNIGHT SENSE A PERSON SHOULD PERHAPS

- ENJOY UTILIZING CREATIVE ABILITIES

AND IMAGINAT]

AND CHALLENGE

I SEE IT

PLEASURE THAI

LAWYER IS T(

INTO GOOD RE

HOLLAND & K

HIMSELF OR HE

INDEPENDENT

INTEGRITY WH

STANDARDS FOF

[ON IN THE SOLUTION OF DIFFICULT

[NG INTELLECTUAL PROBLEMS. AS

- THE GREATEST PROFESSIONAL

SCAN COME TO A HOLLAND & KNIGHT

3 SEE HARD THINKING TRANSLATED

SULTS FOR FIRM CLIENTS. A

:NIGHT LAWYER SHOULD PICTURE

RSELF ALWAYS AS A RESPECTED AND

PROFE

0 HAS

I DECI1

SSIONAL A PERSON OF

ESTABLISHED PROFESSIONAL

)ING WHAT SHE OR HE WILL

AND WILL NOT DO AS A LAWYER.

INDEED -

MUST

EACH HOLLAND & KNIGHT LAWYER ALWAYS MUST BE

READY TO BE JUDGED BY THE LEGAL PROFESSION -

BY THE PUBLIC AND BY HER OR HIS PEERS AT

HOLLAND & KNIGHT FOR THOSE DECISIONS.

SECOND A HOLLAND & KNIGHT LAWYER

CONTINUOUSLY SHOULD BE IN THE FOREFRONT OF

THOSE SEEKING NEEDED CHANGES OR REFORMS IN

LAWS LEGAL PROCESSES THE LEGAL

PROFESSION -AND SOCIETY. A HOLLAND &

KNIGHT LAWYER WELL KNOWS THAT ALMOST EVERY

MAJOR SOCIETAL OR PUBLIC ISSUE INVOLVES LAW

- AND THAT A HOLLAND & KNIGHT LAWYER AS A

COMMITTED PROFESSIONAL SHOULD WORK DILIGENTLY

THROUGH LAW REFORM TO MAKE LAW WORK EVER

BETTER.

THIRD I AM QUITE PROUD THAT MANY

LAWYERS IN HOLLAND & KNIGHT HAVE ALREADY

PLAYED SIGNIFICANT ROLES IN HUMAN AND CIVIL

RIGHTS ISSUES. OBVIOUSLY THE LEGAL

PROFESSION ITSELF AS IT BECOMES EVER MORE

ORIENTED TO THE BOTTOM LINE IS UNDERGOING

FUNDAMENTAL MODIFICATION. AS LARGE LAW

FIRMS GET LARGER AS THE COMPETITION FOR

LEGAL BUSINESS GETS FIERCER AND AS

PRESSURES INCREASE TO FIND ALTERNATIVES TO

LITIGATION FOR RESOLVING DISPUTES HOLLAND

& KNIGHT LAWYERS STILL MUST CONTINUE TO TAKE

THE LEAD PRO BONO PUBLIC IN THE AREAS OF

CIVIL AND HUMAN RIGHTS. HOLLAND & KNIGHT

LAWYERS HAVE RIGHTLY EARNED A REPUTATION FOR

SUCH WORK TRADITIONALLY REPRESENTING

PEOPLE WITH DIFFICULTIES AND FEARS THAT

OVERWHELM THEM REPRESENTING FREELY AND

OFTEN THOSE ENMESHED IN FRIGHTENING LEGAL

AREAS WHO ARE EITHER UNREPRESENTED OR

UNDERREPRESENTED. A HOLLAND & KNIGHT

LAWYER KNOWS HAS KNOWN AND WILL KNOW

THE VERY SPECIAL SATISFACTION THAT CAN COME

TO A LAWYER WHEN SHE OR HE DISCHARGES THE

UNIQUE RESPONSIBILITY OF PROVIDING LEGAL HELP

TO PEOPLE MOST IN NEED OF

SERVICES AT THE TIME OF

VULNERABILITY.

COMPETENT LEGAL

THEIR GREATEST

FOURTH IT IS PERHAPS BOTH TRITE AND

SMUG AS A OBSERVATION BUT A HOLLAND &

KNIGHT LAWYER ABOVE ALL MUST KNOW MUST

APPRECIATE THAT IF SHE OR HE AND THEIR

PEERS WHO HAVE CAST THEIR TOTAL

PROFESSIONAL LOT WITH THE ADVERSARY SYSTEM OF

JUSTICE DO NOT INDIVIDUALLY DISCHARGE IN A

NOBLE WAY

PROCESSES

THAT UNIQUE OBLIGATION TO MAKE THE

OF JUSTICE WORK NO ONE ANYWHERE

WILL ACCEPT THAT RESPONSIBILITY. THE

COURTS SHOULD DISPENSE JUSTICE BUT

PERHAPS EVEN MORE SIGNIFICANTLY THE COURTS

MUST BE PERCEIVED BY CITIZENS EVERYWHERE -

BY LITIGANTS EVERYWHERE TO DISPENSE EVEN-

HANDED JUSTICE. IT IS AN OBLIGATION OF A

HOLLAND & KNIGHT LAWYER TO MAKE THAT

PERCEPTION A REALITY BY FIGHTING ALWAYS TO

ENHANCE JUDICIAL AND LAWYER EFFICIENCY AND

COMPETENCY.

FIFTH HOLLAND & KNIGHT AS A LAW FIRM

ADMITTEDLY HAS BEEN CONCERNED THAT ALL OR

SOME OF THE BEST THE BRIGHTEST THE

MOST IDEALISTIC OF THOSE WHO HAVE BEEN AND

ARE ENTERING THE LEGAL PROFESSION MIGHT

CHOOSE OTHER WAYS TO MAKE A LIVING IF BOTTOM

LINE PROFITS IF MONETARY DISTRIBUTIONS -

CONTINUE TO BE PLACED MORE AND MORE ABOVE

TRUE PROFESSIONALISM. PERHAPS IT THUS IS

TIME THAT LEGAL CODES OF ETHICS AND RULES OF

LAWYER CONDUCT MOVE SOMEWHAT CLOSER TO

REALITY BY FREELY AND FRANKLY REQUIRING AN

ACKNOWLEDGMENT AND DISCHARGE OF THE

TRADITIONAL DUTIES OF LAWYERS. WHILE THE

BEST HOLLAND & KNIGHT LAWYERS ALWAYS HAVE

ACKNOWLEDGED AND RECOGNIZED THAT EARNING A

10

LIVING OF NECESSITY HAS TO BE A PREOCCUPATION

- IT IS NOW PERHAPS PARTICULARLY APPROPRIATE

THAT THE LAW FIRM ITSELF AFFIRMATIVELY ENSURE

THAT EACH LAWYER TOO CAN STILL FIND TIME FOR

OTHER SOURCES OF SELF-FULFILLMENT WHILE STILL

EARNING THAT VERY GOOD LIVING. HOLLAND &

KNIGHT MUST CONTINUE AS IT TRADITIONALLY

HAS TO AFFIRM THAT YOU WILL BE A GREAT

LAWYER AT HOLLAND & KNIGHT ONLY IF YOU ARE A

GREAT AND FULL PERSON THAT YOU WILL BE A

GOOD HOLLAND & KNIGHT LAWYER ONLY IF YOU ARE

A GOOD AND RESPONSIBLE CITIZEN.

11

	Table of Contents
	The lawyer said: "I look out for...
	Remarks of Chesterfield Smith before...
	Address of Chesterfield Smith before...
	Remarks of Chesterfield Smith before...
	Remarks of Chesterfield Smith before...
	Principles of advocacy for Holland...
	Remarks of Chesterfield Smith before...
	Reflections on law
	"The Troika's vision" (How Holland...
	The lawyer said: "I look out for...
	Current thoughts of a trial lawyer...
	Remarks of Chesterfield Smith before...
	Remarks of Chesterfield Smith before...
	Remarks of Chesterfield Smith before...
	Remarks of Chesterfield Smith before...
	Remarks of Chesterfield Smith before...
	Remarks of Chesterfield Smith before...
	Remarks of Chesterfield Smith before...
	Remarks of Chesterfield Smith before...
	Remarks of Chesterfield Smith before...

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