<%BANNER%>
HIDE
 Table of Contents
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith for...
 Remarks of Chesterfield Smith before...


UFSPEC





Speeches by Chesterfield - Vol. XXIII, 346-358. 1995-1996
CITATION THUMBNAILS PDF VIEWER PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/AA00006019/00001
Finding Guide: A Guide to the Chesterfield Smith Papers
 Material Information
Title: Speeches by Chesterfield - Vol. XXIII, 346-358. 1995-1996
Series Title: Speeches, 1956-2003
Physical Description: Unknown
Language: English
Creator: Smith, Chesterfield H., 1917-2003
Publication Date: 1991-1994
Physical Location:
Box: 135
Folder: Speeches by Chesterfield - Vol. XXII, 323-329. 1991-1994
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: sobekcm - AA00006019_00001
System ID: AA00006019:00001

Downloads

This item has the following downloads:

( PDF )


Table of Contents
    Table of Contents
        Table of Contents 1
        Table of Contents 2
    Remarks of Chesterfield Smith for David Burke Kibler, III
        Page 346-i
        Page 346-ii
        Page 346-1
        Page 346-2
        Page 346-3
        Page 346-4
        Page 346-5
        Page 346-6
        Page 346-7
        Page 346-8
        Page 346-9
        Page 346-10
        Page 346-11
        Page 346-12
        Page 346-13
        Page 346-14
        Page 346-15
        Page 346-16
        Page 346-17
        Page 346-18
        Page 346-19
        Page 346-20
        Page 346-21
        Page 346-22
        Page 346-23
    Remarks of Chesterfield Smith for Lawyers Club of Atlanta
        Page 347-i
        Page 347-ii
        Page 347-1
        Page 347-2
        Page 347-3
        Page 347-4
        Page 347-5
        Page 347-6
        Page 347-7
        Page 347-8
        Page 347-9
        Page 347-10
        Page 347-11
        Page 347-12
        Page 347-13
        Page 347-14
        Page 347-15
        Page 347-16
        Page 347-17
        Page 347-18
        Page 347-19
        Page 347-20
        Page 347-21
        Page 347-22
        Page 347-23
        Page 347-24
        Page 347-25
        Page 347-26
        Page 347-27
        Page 347-28
        Page 347-29
        Page 347-30
        Page 347-31
        Page 347-32
        Page 347-33
    Remarks of Chesterfield Smith for Bill McBride's 50th birthday
        Page 348-i
        Page 348-ii
        Page 348-1
        Page 348-2
        Page 348-3
        Page 348-4
        Page 348-5
        Page 348-6
        Page 348-7
        Page 348-8
        Page 348-9
        Page 348-10
        Page 348-11
        Page 348-12
    Remarks of Chesterfield Smith for The Jewish American committee learned hand award
        Page 349-i
        Page 349-ii
        Page 349-1
        Page 349-2
        Page 349-3
        Page 349-4
        Page 349-5
        Page 349-6
        Page 349-7
        Page 349-8
        Page 349-9
        Page 349-10
        Page 349-11
        Page 349-12
        Page 349-13
        Page 349-14
        Page 349-15
        Page 349-16
        Page 349-17
        Page 349-18
        Page 349-19
        Page 349-20
        Page 349-21
        Page 349-22
        Page 349-23
        Page 349-24
        Page 349-25
        Page 349-26
        Page 349-27
        Page 349-28
        Page 349-29
        Page 349-30
        Page 349-31
        Page 349-32
        Page 349-33
        Page 349-34
        Page 349-35
        Page 349-36
        Page 349-37
        Page 349-38
        Page 349-39
        Page 349-40
        Page 349-41
    Remarks of Chesterfield Smith for Holland & Knight 1995 law clerks, South Florida
        Page 350-i
        Page 350-1
        Page 350-2
        Page 350-3
        Page 350-4
        Page 350-5
        Page 350-6
        Page 350-7
        Page 350-8
        Page 350-9
        Page 350-10
        Page 350-11
        Page 350-12
        Page 350-13
        Page 350-14
        Page 350-15
        Page 350-16
        Page 350-17
        Page 350-18
        Page 350-19
        Page 350-20
        Page 350-21
        Page 350-22
        Page 350-23
    Remarks of Chesterfield Smith for Holland & Knight 1995 law clerks, North Florida and Georgia
        Page 351-i
        Page 351-1
        Page 351-2
        Page 351-3
        Page 351-4
        Page 351-5
        Page 351-6
        Page 351-7
        Page 351-8
        Page 351-9
        Page 351-10
        Page 351-11
        Page 351-12
        Page 351-13
        Page 351-14
        Page 351-15
        Page 351-16
        Page 351-17
        Page 351-18
        Page 351-19
        Page 351-20
        Page 351-21
        Page 351-22
        Page 351-23
    Remarks of Chesterfield Smith for International academy of trial lawyers, West Palm Beach, Florida
        Page 352-i
        Page 352-ii
        Page 352-1
        Page 352-2
        Page 352-3
        Page 352-4
        Page 352-5
        Page 352-6
        Page 352-7
        Page 352-8
        Page 352-9
        Page 352-10
        Page 352-11
        Page 352-12
        Page 352-13
        Page 352-14
        Page 352-15
        Page 352-16
        Page 352-17
        Page 352-18
        Page 352-19
        Page 352-20
        Page 352-21
        Page 352-22
        Page 352-23
        Page 352-24
        Page 352-25
        Page 352-26
        Page 352-27
        Page 352-28
        Page 352-29
        Page 352-30
        Page 352-31
        Page 352-32
        Page 352-33
        Page 352-34
        Page 352-35
        Page 352-36
        Page 352-37
        Page 352-38
        Page 352-39
        Page 352-40
        Page 352-41
        Page 352-42
        Page 352-43
        Page 352-44
        Page 352-45
        Page 352-46
        Page 352-47
        Page 352-48
        Page 352-49
        Page 352-50
        Page 352-51
        Page 352-52
        Page 352-53
        Page 352-54
        Page 352-55
        Page 352-56
        Page 352-57
        Page 352-58
        Page 352-59
        Page 352-60
        Page 352-61
        Page 352-62
        Page 352-63
        Page 352-64
        Page 352-65
        Page 352-66
        Page 352-67
        Page 352-68
        Page 352-69
        Page 352-70
        Page 352-71
    Remarks of Chesterfield Smith for University of Miami/College of Law first year students
        Page 353-i
        Page 353-ii
        Page 353-1
        Page 353-2
        Page 353-3
        Page 353-4
        Page 353-5
        Page 353-6
        Page 353-7
        Page 353-8
        Page 353-9
        Page 353-10
        Page 353-11
        Page 353-12
        Page 353-13
        Page 353-14
        Page 353-15
        Page 353-16
        Page 353-17
        Page 353-18
        Page 353-19
        Page 353-20
        Page 353-21
        Page 353-22
        Page 353-23
        Page 353-24
        Page 353-25
        Page 353-26
        Page 353-27
        Page 353-28
        Page 353-29
        Page 353-30
    Remarks of Chesterfield Smith for Branch Pike & Ganz/Hollan & Knight merger
        Page 354-i
        Page 354-ii
        Page 354-1
        Page 354-2
        Page 354-3
        Page 354-4
        Page 354-5
        Page 354-6
        Page 354-7
        Page 354-8
        Page 354-9
        Page 354-10
        Page 354-11
        Page 354-12
        Page 354-13
        Page 354-14
        Page 354-15
        Page 354-16
        Page 354-17
        Page 354-18
        Page 354-19
        Page 354-20
        Page 354-21
        Page 354-22
        Page 354-23
        Page 354-24
        Page 354-25
        Page 354-26
        Page 354-27
        Page 354-28
        Page 354-29
        Page 354-30
        Page 354-31
        Page 354-32
        Page 354-33
        Page 354-34
        Page 354-35
        Page 354-36
        Page 354-37
        Page 354-38
        Page 354-39
        Page 354-40
        Page 354-41
    Remarks of Chesterfield Smith for Investiture of Mark King Leban
        Page 355-i
        Page 355-1
        Page 355-2
        Page 355-3
        Page 355-4
        Page 355-5
        Page 355-6
        Page 355-7
        Page 355-8
        Page 355-9
        Page 355-10
        Page 355-11
        Page 355-12
        Page 355-A-1
        Page 355-A-2
        Page 355-A-3
    Remarks of Chesterfield Smith for Holland & Knight 1996 annual partners meeting
        Page 356-i
        Page 356-ii
        Page 356-1
        Page 356-2
        Page 356-3
        Page 356-4
        Page 356-5
        Page 356-6
        Page 356-7
        Page 356-8
        Page 356-9
        Page 356-10
        Page 356-11
        Page 356-12
        Page 356-13
        Page 356-14
        Page 356-15
        Page 356-16
        Page 356-17
        Page 356-18
        Page 356-19
        Page 356-20
        Page 356-21
        Page 356-22
        Page 356-23
        Page 356-24
        Page 356-25
        Page 356-26
        Page 356-27
        Page 356-28
        Page 356-29
    Remarks of Chesterfield Smith for University of Florida/Alumnus award of distinction to Warren Cason
        Page 357-i
        Page 357-1
        Page 357-2
        Page 357-3
        Page 357-4
        Page 357-5
        Page 357-6
        Page 357-7
        Page 357-8
        Page 357-9
        Page 357-10
        Page 357-11
        Page 357-12
        Page 357-13
    Remarks of Chesterfield Smith before Citizens of Florida
        Page 358-i
        Page 358-ii
        Page 358-1
        Page 358-2
        Page 358-3
        Page 358-4
        Page 358-5
        Page 358-6
        Page 358-7
        Page 358-8
        Page 358-9
        Page 358-10
        Page 358-11
        Page 358-12
        Page 358-13
        Page 358-14
        Page 358-15
        Page 358-16
        Page 358-17
        Page 358-18
        Page 358-19
        Page 358-21
Full Text







VOLUME XXIII

#346 REMARKS OF:
OCCASION:
PLACE:
DATE:

#347 REMARKS OF.
-OCCASION:
PLACE:
DATE:

#348 REMARKDS OF:
OCCASION:
PLACE:
DATE:

#349 REMARKS OF:
OCCASION:

PLACE:
DATE:

350 REMARKS OF:
OCCASION:


PLACE:
DATE:


#351


#352


REMARKS OF:
OCCASION:

PLACE:
DATE:

REMARKS OF:.
OCCASION:
PLACE:
DATE:


#353': REMARKS OF:
OCCASION:

PLACE:
DATE:

#354 REMARKS OF:
OCCASION:
PLACE:
DATE:


CHESTERFIELD SMITH
DAVID BURKE KrBLER, III
AMELIA ISLAND, FLORIDA
FRIDAY, FEBRUARY 17, 1995

CHESTERFIELD SMITHT
LAWYERS CLUB OF ATLANTA
ATLANTA, GEORGIA
WEDNESDAY, MARCH 15, 1995

CHESTERFIELD. SMITH
.BILL MCBRIDE'S 50th BIRTHDAY
YPOR CITY, FLORIDA
SATURDAY, 1MAY 6, 1995

CHESTERFIELD SMITH
THE JEWISH. AMERICAN COMMITTEE
LEARNED HAND AWARD
PALM BEACH, FLORIDA
TUESDAY, JUNE 13, 1995

CHESTERFIELD.SMITH
HOLLAND & KNIGHT 1995 LAW CLERKS
SOUTH FLORIDA
CHESTERFIELD SMITH RESIDENCE
WEDNESDAY, JUNE 14, 1995

CHESTERFIELDD SMITH
HOLLAND & KNIGHT 1995 LAW CLERKS
NORTH FLORIDA AND GEORGIA
JACKSONVILLE, FLORIDA
THURSDAY, JUNE 15, 1995

CHESTERFIELD SMITH
INTERNATIONAL ACADEMY OF TRIAL LAWYERS
WEST PALM BEACH, FLORIDA
WEDNESDAY, JUNE 28, 1995

CHESTERFIELD SMITH
UNIVERSITY'OF MIAMI/COLLEGE OF LAW
FIRST YEAR STUDENTS
MIAMI, FLORIDA
SUNDAY, AUGUST 20, 1995

CHESTERFIELD SMITH
BRANCH PIKE & GANZ/HOLLAND & KNIGHT MERGER
ATLANTA, GEORGIA
NOVEMBER 12, 1995


i


#








XXIII

#355 REMARKS OF:
OCCASION:
DATE:
LACE


#356 REMARKS OF:
OCCASION:
DATE:
PLACE:

#357 REMARKS OF:
OCCASION:

DATE:
PLACE:

#358 REMARKS OF:
BEFORE:
DATE:
PLACE:


CHESTERFIELD SMITH
INVESTITURE OF MARK KING LEBAN
DECEMBER'1, 1995
MIAMI, FLORIDA


CHESTERFIELD SMITH
HOLLAND.& KNIGHT 1996 ANNUAL PARTNERS MEETING
FRIDAY,.FEBRUARY 23, 1996
DESTIN, FLORIDA

CHESTERFIELD SMITH
UNIVERSITY OF FLORIDA/ALUMNUS AWARD OF
DISTINCTION TO WARREN CASON
MARCH 21, 1996
TAMPA, FLORIDA

CHESTERFIELD SMITH
CITIZENS OF FLORIDA
APRIL 3, 1996
MIAMI, FLORIDA


XXIV


#359 REMARKS OF:.
OCCASION:
DATE:
PLACE:


#360 REMAKRS OF:
OCCASION:
DATE:
PLACE:

#361 REMARKS OF:
OCCASION:
DATE:
PLACE:


#362 REMARKS OF:
OCCASION:
DATE:
PLACE:


#363 REMARKS OF:
OCCASION:
DATE:
PLACE:


CHESTERFIELD SMITH
SAM GIBBONS TESTIMONIAL
FRIDAY, MAY 17, 1996
TAMPA, FLORIDA


CHESTERFIELD SMITH
PASSING OF THE GAVEL
MONDAY, JUNE 3, 1996
TALLAHASSEE, FLORIDA

CHESTERFIELD SMITH
.1996 SUMMER ASSOCIATES WASHINGTON
TUESDAY, JUNE 4, 1996
WASHINGTON, D.C.

CHESTERFIELD SMITH
1996 SUMMER ASSOCIATES ATLANTA
TUESDAY, JUNE 18, 1996
ATLANTA, GEORGIA


CHESTERFIELD.SMITH
1996 SUMMER ASSOCIATES LAKELAND
WEDNESDAY, JUNE 26, 1996
LAKELAND, FLORIDA







SPEECHES OF CHESTERFIELD SMITH



SPEECH NUMBER 346











REMARKS OF:





OCCASION:





PLACE:





DATE:



TIME:


CHESTERFIELD SMITH
LAWYER, HOLLAND & KNIGHT
MIAMI, FLORIDA


DAVID BURKE KIBLER, III -
NEW DIRECTIONS NEW JOB -
NEW ACTIVITIES NEW LIFE


HOLLAND & KNIGHT ANNUAL
PARTNER RETREAT
AMELIA ISLAND, FLORIDA


FRIDAY, FEBRUARY 17, 1995


TEN MINUTES











DAVID BURKE KIBLER, III NOW TO HIS


TOTAL SURPRISE EVEN AMAZEMENT HAS


FINALLY BECOME SEVENTY YEARS OLD.


LIFE


AT HOLLAND & KNIGHT AS IT IS KNOWN CAN


BEGIN AT SEVENTY IT DID FOR ME AND IT


WILL DO SO FOR BURKE KIBLER. HE BEGAN


PRACTICING LAW WITH HOLLAND & KNIGHT IN


1964.


FROM 1977 THROUGH 1981 HE


CHAIRED HOLLAND & KNIGHT'S EXECUTIVE











COMMITTEE WHICH SET ALL FIRM POLICY.


WHEN THE DIRECTORS COMMITTEE WAS


CREATED IN 1982 TO SUPERSEDE THE EXECUTIVE


COMMITTEE BURKE KIBLER BECAME ITS


CHAIRMAN AND HE HAS REMAINED AS


CHAIRMAN UNTIL NOW AND HE WILL BE


CHAIRMAN TODAY AND TOMORROW AND


SUNDAY.


THIRTEEN YEARS IN THAT JOB AS


-2-











EACH HERE WELL KNOWS IS A LONG VERY


LONG TENURE.


YET BURKE KIBLER MUST NOW PREPARE


FOR ANOTHER LEG OF THE MYRIAD JOURNEYS


THAT COMPRISE HIS DISTINGUISHED CAREER


WITH HOLLAND & KNIGHT.


BURKE


CLASS


RATED


OF COURSE -


KIBLER RECENTLY ASSUMED STATUS AS A


A PARTNER BUT HE ALWAYS HAS BEEN


"A" BY HOLLAND & KNIGHT AND THUS


-3-











HIS DISTINGUISHED LEGAL LIFE SIMPLY JOURNEYS


ONTO THE TRAILS LONG AGO FOLLOWED BY


JOHN ARTHUR JONES, BY JOHN GERMANY, BY


HENRY KITTLESON, BY PAUL WEBB, BY RAYMOND


EHRLICH, BY JULIAN CLARKSON, BY DICKSON


LOOS, BY WARREN GOODRICH, AND BY MULTIPLE


OTHERS SOME OF WHOM UNFORTUNATELY


HAVE IN YEARS PAST GONE AWAY FOR GOOD.


-4-











BILL McBRIDE IN MY MIND QUITE


PROPERLY -


CONCLUDED THAT THE LAW FIRM


WOULD BE REMISS IF THESE NEW DIRECTIONS IN


BURKE KIBLER'S CAREER WITH HOLLAND &


KNIGHT PASSED WITHOUT COMMENT.


HE


SHOULD NOT FEAR.


THERE WILL BE COMMENT.


I MYSELF WILL COMMENT I HAVE WORDS -


MANY WORDS TO SHARE OF WELCOME AND


OF GRATITUDE WITH YOU ABOUT BURKE KIBLER


-5-











CAN BE ASSURED THAT OTHER


LAWYERS EVERYWHERE THROUGHOUT


OUR


ELEVEN


LAW OFFICES


- WILL OVER THE WEEKEND


DO SO TOO.


TO SAY THE VERY LEAST FOR MORE


THAN THIRTY YEARS I HAVE BEEN ABLE TO CALL


BURKE KIBLER MY ESTEEMED


PARTNER AND


MORE THAN FORTY-FIVE YEARS MY CLOSE AND


DEAR FRIEND.


BURKE KIBLER I CAN SAY


-6-


FOR


- AND YOU











WITHOUT HESITATION REPRESENTS THAT WHICH


I SEE AS BEST IN THOSE WHO PRACTICE LAW.


THROUGHOUT HIS CAREER HE HAS BEEN


DRIVEN TO DO THE RIGHT THING FIRST FOR


THE LAW SECOND FOR THOSE INDIVIDUALS


WHO HAVE BEEN HIS COLLEAGUES AND


ASSOCIATES IN THIS LAW FIRM AND THIRD -


AND ALWAYS FOREMOST FOR HOLLAND &


KNIGHT AS AN ENTITY.


-7-











FEW LAWYERS IN OR OUT OF HOLLAND


& KNIGHT CAN BOAST THE FABULOUS


REPUTATION ENJOYED THROUGHOUT FLORIDA BY


BURKE KIBLER.


BURKE KIBLER HAS EARNED


THAT REPUTATION DAY IN AND DAY OUT -


EVERY INCH OF THE WAY.


BURKE KIBLER IS A FLORIDIAN AND HE


ALWAYS HAS AND HE WILL BE A POLK


COUNTY LAWYER.


HE WAS EDUCATED IN THE


-8-











PUBLIC SCHOOLS OF LAKELAND LATER MOVING


ON TO GRADUATE WITH


UNIVERSITY OF FLORIDA.


HONORS FROM THE


THEN CAME WORLD


WAR II COMBAT IN EUROPE AS A DECORATED


FIELD ARTILLERY FORWARD OBSERVER.


THEN


HIS LAW DEGREE WAS OBTAINED


IN 1949 ALSO


AT THE UNIVERSITY OF FLORIDA.


SINCE BEING ADMITTED TO THE FLORIDA


BAR BURKE KIBLER HAS PRACTICED LAW IN


-9-











LAKELAND WITH ZIP VERVE ARDOR -


ENTHUSIASM GREAT SUCCESS AND


PROFESSIONAL AND PUBLIC APPROBATION.


DURING THE PAST THIRTY-ONE PLUS SOMETIME


TURBULENT YET ALWAYS REWARDING YEARS -


HE AND I AND MANY OF YOU FOR A LONG AND


WONDERFUL TIME HAVE PRACTICED LAW


TOGETHER COHORTS FRIENDS COLLEAGUES -


-10-











WE HAVE BONDED SO THAT IN MANY WAYS WE


NOW ARE INSEPARABLY ONE.


IN THE COURSE OF BURKE KIBLER'S


LEGAL CAREER HE HAS SERVED


- AND STILL


SERVES AS THE PRINCIPAL ATTORNEY FOR THE


FLORIDA PHOSPHATE COUNCIL.


HE SERVED


FOR MANY YEARS ON THE FLORIDA BOARD OF


REGENTS INCLUDING A WONDERFUL TWO-YEAR


SPAN WHEN HE WAS ITS CHAIRMAN


- AND FOR


-11-











EVEN MORE YEARS ON THE FLORIDA


POSTSECONDARY


EDUCATION COMMISSION


WHERE HE ALSO WAS CHAIRMAN.


HE LED THE


FLORIDA COUNCIL OF


100 AS CHAIRMAN


AND HE


STILL IS ONE OF ITS MOST INFLUENTIAL


MEMBERS.


MIAMI AS A LOYAL


HE HAS HELPED US IMMENSELY IN


MEMBER OF THE ORANGE


BOWL COMMITTEE.


-12-











HE THROUGHOUT HIS CAREER


BEEN AN ESTABLISHMENT CORPORATE CIVIL


LAWYER YET BURKE KIBLER ADMITTEDLY AT


THE SAME TIME HAS FOCUSED PRO


BONO


PUBLIC ON MATTERS THAT IMPACTED HIS


COUNTY HIS STATE AND HIS NATION -


FOCUSED HIS PERSONAL ATTENTION AND HIS


PROFESSIONAL INTEREST IN WAYS THAT MOST


OTHER LAWYERS SIMILARLY SITUATED WOULDN'T


-13-


- HAS











AS A LAWYER AND A PERSON -


BURKE KIBLER HAS ALWAYS BEEN COMMITTED


TO MAKING HIS COMMUNITY EVER BETTER. HE


FREELY AND WITHOUT REGRET OR APOLOGY -


HAS USED HIS INSIDER'S CREDENTIALS TO DO


THE RIGHT THING.


HE IS IN THE FULL SENSE


OF THE WORDS ONE OF FLORIDA'S GOOD OLE


BOYS.


HE HAS BEEN AND IS A CLOSE AND


WARM FRIEND WITH FLORIDA'S GOVERNORS AT


-14-


EVEN NOTICE.











LEAST ALL OF THEM FOR THE PAST FORTY-FIVE


YEARS.


WHILE SOMETIMES ADVOCATING


UNPOPULAR POSITIONS HE HAS MANAGED TO


GET ALONG WITH ALMOST EVERYONE -


INCLUDING THOSE WHO SUPPORT AN OPPOSING


VIEWPOINT.


HE IS CONSERVATIVE


IN GENERAL


- BUT ALSO IN


SURPRISINGLY


MANY ASPECTS OF PUBLIC LIFE


PROGRESSIVE.


-15-











PROFESSIONALLY BURKE KIBLER 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.


HIS STYLE WAS IS AND I


-16-











AM CONFIDENT WILL CONTINUE TO BE DIRECT -


SPECIFIC EXPLICIT AND UNEQUIVOCAL.


I NOW AM READY TO GO WHOLE HOG I


NOW AM READY TO DO WHAT I CAME HERE TO


DO I NOW PRONOUNCE HERE MY ULTIMATE


JUDGMENT BURKE KIBLER IS THE COMPLETE


AND WHOLE HOLLAND & KNIGHT LAWYER -


INDEED THE COMPLETE AND WHOLE FLORIDA


LAWYER COMMITTED TO UNYIELDING


-17-











OF CLIENTS AND UNWAVERING


DISCHARGE


OF PROFESSIONAL RESPONSIBILITIES.


YET IT IS


NOT MERELY HIS LEGAL SKILLS


- HIS PROFESSIONAL ACCOMPLISHMENTS AND


HIS OFFICES HELD THAT MAKE THOSE HERE


TONIGHT TINGLE TOGETHER AS BURKE KIBLER IS


LAUDED.


INSTEAD


- THE UNIQUENESS OF THIS


EVENT IS ACTIVATED BECAUSE BURKE KIBLER IS -


AND I WITHOUT HUMILITY BELIEVE THAT I AM AS


-18-


REPRESENTATION











QUALIFIED TO SAY THIS AS ANYONE ANYWHERE


- NONPAREIL IN HOLLAND


& KNIGHT AS A


LAWYER NONPAREIL AS A MENTOR NONPAREIL


AS A LEADER CHERISHED HONORED AND


YES


- LOVED BY ALL IN HOLLAND


& KNIGHT.


KNOW THAT BURKE KIBLER DOES NOT SEEK


ACCOLADES. HE DOES NOT EVEN LIKE


ACCOLADES. INSTEAD HE ACCEPTS


ASSIGNMENTS OF HIGH RESPONSIBILITY ONLY


-19-











BECAUSE THOSE ASSIGNMENTS IN HIS MIND WILL


CONTRIBUTE TO THE ACCOMPLISHMENT OF


GOALS THAT HE CHERISHES.


TRULY BURKE


KIBLER FAITHFULLY AND STEADFASTLY AND


ALWAYS UNVARYINGLY HAS WORKED FOR THE


COMMON GOOD OF ALL WHO COMPRISE


HOLLAND & KNIGHT.


BURKE KIBLER HAS THROUGHOUT THE


TIME THAT I HAVE KNOWN HIM BEEN HIS OWN


-20-











PERSON AND HIS PAST INDICATES THAT HE


WILL BE SO IN THE FUTURE.


BURKE KIBLER


VERILY IS ONE WHO SOMETIMES IS LONELY -


FORLORN AND EXHAUSTED BUT ONE WHO


NEVER IS UNWILLING TO WALK ANOTHER MILE


TO REACH THE DESIRED DESTINATION HE WILL


ROW THE BOAT TO THE SHORE.


WITH PRIDE IN OUR FRIEND WE AS THE


PARTNERS IN HIS LAW FIRM TONIGHT HONOR A


-21-











TRULY FINE PERSON WHO HAS SERVED


MAGNIFICENTLY AS CHAIRMAN OF OUR BOARD


OF DIRECTORS.


CERTAINLY DAVID BURKE


KIBLER, III AS OF THIS WEEKEND STARTS A


NEW CAREER IN THIS FIRM.


YET ALL OF US


ANTICIPATE WITH INTEREST HIS DISCHARGE OF


THOSE NEW OBLIGATIONS AND FRESH


RESPONSIBILITIES.


ALTHOUGH BURKE KIBLER IS


SO GENDER STRONG SO MALE AND SO


-22-











MASCULINE THAT HE WILL BE BOTH AMAZED


AND ANNOYED AT THIS STATEMENT HERE I GO


- "I CHESTERFIELD SMITH LOVE BURKE


KIBLER."


"THANK YOU"


FTL 1-138949


-23-







SPEECHES OF CHESTERFIELD SMITH



SPEECH NUMBER 347











REMARKS OF:







BEFORE:



PLACE:





DATE AND

TIME:


CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA



LAWYERS CLUB OF ATLANTA



COMMERCE BUILDING

ATLANTA, GEORGIA



WEDNESDAY, MARCH 15, 1995

5:30 P.M.


18 MINUTES


LENGTH:







ALMOST FIFTY YEARS


PRACTICING


TRIAL


LAWYER I


HAVE A


PERSONAL


PERSPECTIVE ASSUREDLY


SIMILAR


TO' THAT


OTHERS OF


WHAT


A LAWYER'S


PROFESSIONAL


DUTY MUST


BE.


IT IS A GOOD


DUTY -


EVEN A


LOFTY


ONE. SOME


TODAY


SUGGEST


THAT MOST


ARE NOT FULLY


OF


AFTER


AS A


LAWYERS


FULFILLING


THAT







THE TRUTH IS SOME DO SOME


BUT MANY


MORE


LAWYERING


DO THAN


DON'T.


IS A STEADY AND


TO A


LARGE


EXTENT


LAWYERING


ALWAYS


PREDICTABLE



INVOLVES


PROCESS.



THE BALANCING


OF TWO FUNDAMENTAL



IN THE PRACTICE OF


FACTORS


LAW


THAT PERSIST


ALBEIT


WITH


AT DIFFERENT


DUTY.


DO NOT -


DIFFERING


EMPHASIS


TIMES.







IN LEGAL HISTORY


HAVE CONFRONTED



THE END EACH L


THOSE



LAWYER'S


TWO FACTORS.



CONTRIBUTION


SOCIETY-AND THEREBY THE COLLECTIVE


OF ALL LAWYERS


LEGACY


- WILL BE A REFLECTION


OF


THE SEVERAL


TREATMENTS


EACH LAWYER


UTILIZES


WHEN


WORKING


TO HARMONIZE


THESE


TWO FACTORS.


IN



TO


LAWYERS


AT EVERY POINT







THE TWO FACTORS ARE:


OF THE LAW AND SECOND THE CLIENT.


NEITHER


CAN BE RIGHTLY


OTHER THEY


MUST


SERVED


BY IGNORING


BE ADDRESSED


THE


IN TANDEM.


SUCCESSFUL


LAWYERS


WORK


WITH IN


AROUND


THE BODY OF THE LAW THEIR


ENTIRE


PRACTICE


- BUT NO


LAWYER


EVER FULLY


MASTERS


- AND


FIRST THE BODY


IT.







THE ROLE PLAYED BY THE LAWYER WITHIN


THE BODY OF THE LAW NOW IS OFTEN



CONTROLLED BY THE LAWYERS CLIENTS AND


THAT CLIENTS


LEGAL


NEEDS


AND DESIRES.


LAWYERS


OF


COURSE


SWEAR


VIGOROUSLY TO REPRESENT THOSE CLIENTS- BUT


LAWYERS


- AS OFFICERS


OF THE COURTS -


SWEAR AN ALLEGIANCE ALSO TO THE BODY OF


AN


OATH







THE LAW. THE BALANCE THE ACCOMMODATION


BETWEEN


THE TWO OBLIGATIONS


IS EVER


CHALLENGING


ACCOMMODATION


MOST


REWARDING


IS SUCCESSFUL


PROFESSIONAL


- IT IS THE


EXPERIENCE


THAT A LAWYER


CAN KNOW.


NOT TOO MANY


YEARS


AGO


WERE PERCEIVED


- I BELIEVED



BY MOST OR


AND


WHEN


THAT


THAT LAWYERS







- AS CONSUMMATE


PROFESSIONALS.


LAWYERS


CERTAINLY


WIDELY


RESPECTED


- BECAUSE


THEY HAD


OBTAINED


THE KNOWLEDGE THE WISDOM


- AND


THE SKILLS


DESIRABLE


UTILIZE.



ALWAYS


- THAT ALMOST


AT SOME


WHILE


EVERYONE


PARTICULAR


POINT


FELT


TO


IT IS TRUE THAT LAWYERS


HAVE VIGOROUSLY


WERE


AT LEAST


BY MANY


CHAMPIONED


THE







CONTENTIONS OF THOSE SPECIAL CLIENTS THEY


HAVE SERVED THEY PRIMARILY IN A LARGER



SENSE HAVE SERVED THE HISTORIC PRINCIPLES


A PUBLIC


LEGAL


PROFESSION ALWAYS


SEEKING TO UNIFY IN


TANDEM THE


BODY OF


THE LAW AND THEIR CLIENTS.


UNFORTUNATELY THE CLIENTS OF


LAWYERS


TODAY SEEM DISINTERESTED IN DOING WHAT IS


OF







OF THE LAW


ESPECIALLY WHEN WHAT IS RIGHT GOES FAR



BEYOND THE MINIMUM THAT THE LAW REQUIRES.


THAT STATEMENT


BREAKING


ADMITTEDLY


NEWS BUT THE LAW


INTENDED MERELY


AS A MINIMAL


FOR SOCIETAL CONDUCT


- IS BEING


IS NOT



- THOUGH



THRESHOLDD



TREATED


MOST OFTEN NOW BY MANY AS THE MAXIMUM


RIGHT WITHIN


THE BODY







AS A DIRECT


LAWYERS


- BECAUSE


OF THEIR


CLIENTS


WISHES


- ARE


SATISFIED WITH


PRACTICING


IN THE BASEMENT RATHER THAN


KNOWING THAT BECAUSE



CLIENTS CAN GET AWAY


ON THE ROOF-


THEY AND THEIR


WITH IT UNDER


THE


- THE CLIENT


WILL BE PLEASED


WITH THE


RESULT.


SIMPLY


PUT


- ALL LAWYERS


KNOW


10


MANY


LAW


LAW


STANDARD.


CONSEQUENCE







THE LAW REQUIRES


FLOOR



LEAST


- BUT THAT WHAT


OFTEN


BEST


IS RIGHT


- IS MOST


- OR AT


OFTEN


THE


CEILING.


LAWYER


ADVISE


UNFORTUNATELY


OFTEN


LEADS


TO CONDUCT


AT THE LOWEST


ACCEPTABLE


LEVEL.


MOST


11


THAT WHAT


IS ONLY THE







EVEN THOUGH LAWYERS


ONLY CHAMPIONED


THE SPECIFIC


CAUSES


PARTICULAR


TODAY


CLIENTS


HOLDS


- SOCIETY


LAWYERS


AS A WHOLE


IN CONTEMPT


BY


ATTRIBUTING SOMETIMES UNPOPULAR CAUSES OF


CLIENTS


TO THE LAWYER


AND NOT TO


THE CLIENT.


THOSE


INDIVIDUALS


AGGREGATING


THAT VERY SOCIETY


USUALLY


HAVE EACH


12


OF


THEIR


ALWAYS HAVE







BEEN REPRESENTED


THEMSELVES


THAT IN THOSE


SELECTED


- AND THEY KNOW


INSTANCES


BY THE CLIENT


- AND ADMIT -


THE CAUSES


WERE


AND NOT BY THE


LAWYER.



SOMEONE


BUT THEY F



ELSE SELECTS


=EEL DIFFERENT



THE LAWYERS'


WHEN



CAUSE


OTHER THAN


CAUSE


THEMSELVES.


- THEY DISLIKE


IF THEY DISLIKE THE


THE LAWYER.


THE


13


PREVIOUSLY


BY A LAWYER







UNFAVORABLE PERCEPTION OF LAWYERS PERHAPS


IS SIMPLY SOCIETY NOT LIKING OPPOSITION -


AND NOT LIKING LOSING TO AN ADVERSARY.


SO THE BAD ONE IS NOT THE LAWYER.


IT IS


SIMPLY


THE WAY THAT SOCIETY


IS NOW


VIEWING THE ADVERSARIAL SYSTEM OF JUSTICE.


14







INDIVIDUALLY


COLLECTIVELY HAVE RECENTLY BEGUN SEEKING


WAYS


TO CHANGE


THAT ADVERSE


PUBLIC


PERCEPTION OF THE ADMINISTRATION OF JUSTICE.



VERY GOOD NOTHING COULD BE BETTER FOR



THE LEGAL PROFESSION THAN FOR LAWYERS TO



REGAIN THE RESPECTED POSITION THEY OCCUPIED



WHEN I STARTED TO PRACTICE LAW. BUT THAT


15


LAWYERS


AND







IS NO SMALL CHALLENGE.


ASSERT


THAT THE PRACTICE


OF LAW HAS


BECOME


PRIMARILY


A PROFIT


MAXIMIZING


BUSINESS


- RATHER THAN A HIGHLY ADMIRED


OR EVEN NOBLE


PROFESSION.


THEY SAY


LAWYERS


ADVISE


CLIENTS


TO ENGAGE


QUESTIONABLE CONDUCT


BECAUSE


CLIENTS ARE


16


MANY PEOPLE TODAY







TO PAY THEM EXCESSIVELY


ADVISE.



THERE IS NO READY CURE-ALL FOR THOSE


PARTICULAR


TROUBLES


OF LAWYERS


- BUT


PERHAPS


NO NEW CURE IS NEEDED.


PERHAPS


ALL THAT IS NEEDED


HAS BEEN AVAILABLE


ALONG.


RATHER


THAN DENYING THAT


PROFESSION


PROPERLY SUFFERS


FROM AN


IMAGE


17


ALL


OUR


WILLING


FOR SUCH







- OR ATTEMPTING


ANYWHERE


BUT SQUARELY


UPON OUR OWN


SHOULDERS


- PERHAPS


LAWYERS


SHOULD


THE PROBLEM


HEAD ON.


IF THE PUBLIC BECAUSE


OF THE ADVERSARIAL


SYSTEM


OF JUSTICE


PERCEIVES



MANNER -


LAWYERS



THAT IS


GENERALLY


IN A NEGATIVE


A REALITY LAWYERS


MUST


18


FACE


PROBLEM


TO PLACE BLAME







THEY CAN BEGIN


TO CHANGE


THAT PERCEPTION.


I SUGGEST


MAYBE



ALTERING



LAWYERS


THAT A GOOD


THE ONLY PLACE



THE NEGATIVE


- AND


PLACE


- TO START


WAY IN WHICH


THE ADMINISTRATION


OF


JUSTICE


- ARE PERCEIVED


- BEGINS


WITH A


BETTER UNDERSTANDING


OF THE LAWYER BY THE


19


ACCEPT BEFORE


EFFECTIVELY







CLIENT. THAT CLIENT,


SOCIETY IS A LARGE PART OF THE PROBLEM IN


MY JUDGMENT


- PROBABLY


THE LARGER


I SUGGEST


THAT THE PRESENT-DAY


NEGATIVE


PERCEPTION OF LAWYERS COMES FROM THOSE IS



SOCIETY WHO HAVE ALREADY BEEN A CLIENT OF


ONE OR


MORE LAWYERS


THEY GAINED


DURING


- AND THE KNOWLEDGE


THAT ASSOCIATION


HAS


20


PART.


INDIVIDUAL


AS PART OF







BASIS FOR THEIR ADVERSE OPINION


OTHER LAWYERS


SSINGULARLY


COLLECTIVELY.



LAWYERS -


THEY


SIMPLY


3R THE PRACTICE


DON'T


LIKE


OF LAW BY


LAWYERS. THEY DON'T LIKE WHAT LAWYERS DO



- THEY DON'T LIKE WHAT LAWYERS ARE.



CERTAINLY GREED AND VINDICTIVENESS



AMONG LAWYERS AND THEIR CLIENTS IN


21


OF


OR


BECOME THE







PREVALENT TODAY


THAN IT WAS WHEN I COMMENCED TO PRACTICE


LAW. IT JUST HAS


AND


COMPETITION


TO BE TRUE



BETWEEN


THAT MONEY



COMMERCIAL


ADVERSARIES HAS BECOME MUCH MORE FIERCE-


AMONG



RECENT


BOTH CLIENTS


YEARS.


AND LAWYERS


I NOW BELIEVE IT IS TIM


- IN



E TO


CHANGE


- WE MUST


CHANGE.


LAWYERS


22


AMERICA


IS MUCH MORE







HENCEFORTH


PROFESSIONAL BEHAVIOR MUST CONDUCT THEIR



OWN LAW PRACTICES AND MUST IMPROVE


THEIR SOCIETAL REPUTATIONS.


THEY CANNOT


LET CLIENTS IMPOSE STANDARDS OF ADVICE ON



THEM BELOW THOSE STANDARDS THEY KNOW TO


BE DESIRABLE -


THAT THEY


- THEMSELVES -


KNOW TO BE BEST.


23


MUST


CONTROL


THEIR


OWN







TOMORROW'S PERSISTENT QUESTION FROM


THE CLIENT MAY WELL CONTINUE TO BE "WHAT


IS REQUIRED HERE BY THE LAW FROM ME?"


IS A RIGHT PROPER AND GOOD QUESTION.


THE ANSWER


TOO RARELY


GIVEN


TO THAT


QUESTION HOWEVER MUST BE THOSE WHOLLY



PROFESSIONAL WORDS FROM THE LAWYER: "THIS



IS WHAT YOU OUGHT TO DO NOT BECAUSE IT


24







IS REQUIRED NOT JUST BECAUSE IT IS THE


LAW BUT BECAUSE IT IS RIGHT AND PROPER."



LAWYERS MUST GIVE WHEN ADVISING


CLIENTS


- MORE


ATTENTION


TO THE


ESSENTIAL


ROLE OF ETHICS AND


MORALITY -


ASPIRING FOR EVEN HIGHER STANDARDS THAN


THOSE MINIMUMS IMPOSED BY LAW.


INDEED -


THE RULE OF LAW ITSELF ENVISIONS INTERNAL


25


THEIR







WITHIN EACH CLIENT


NECESSARY



RESTRICTIONS


COMPLIMENT T



OF STATUTES


O THE EXTERNAL



AND JUDGE-MADE


RULES.


IN TRUTH


- HUMAN


RELATIONS


IS THE


REAL PRACTICE OF


LAW -


NO REAL LAWYER CAN


PRACTICE


A GOOD


OUR GREAT


LAWYER


MUST


CALLING


KNOW


IMPERSONALLY.


HOW TO WORK


AMICABLY


WITH


THOSE


TO BE SERVED


- AND


26


MORAL CHECKS


AS A







THEIR ADVERSARIES. HE OR SHE MUST HAVE


THE KNOWLEDGE


AND SKILL NECESSARY


INFLUENCE THE CLIENT.


MUCH


CERTAIN


IMPROVEMENT IN THE ENHANCEMENT


- REAL


OF THE


LAWYER'S IMAGE RESTS SQUARELY WITH THE



WAY LAWYERS SPECIFICALLY REPRESENT THEIR



CLIENTS IN THEIR RELATIONSHIPS WITHIN THE


27


TO


THIS







- IN THE MANNER


INTERACT


WITH


THEIR


COLLEAGUES


-IN HOW


THE LAWYER


CHOOSES


TO PRACTICE


WHAT


THOSE


ELSEWHERE


LAWYERS


UNDER


DO IN COURT


THE RULE OF LAW.


OR


SILENCE


ETHICAL


LAWYER


ISSUES


IN COURT


ON THE PART OF A


- OR IN NEGOTIATIONS


- OR


COUNSELING


EXPLICITLY


SANCTIONS


28


LAW


- IN


ON


COMMUNITY


IN WHICH THEY







AND UNRESPONSIVE


PEERS.


AFTER


BEING


AN ADVERSARIAL


LAWYER


FOR MANY


- MANY


YEARS


- I BELIEVE


THAT THE LARGEST


SINGLE


RISK


IN ALL


LEGALISTIC SYSTEMS IS THAT EACH


PERSON WILL


SEEK TO USE THAT SYSTEM


SOLELY


TO SECURE


PERSONAL


KNOW


ADVANTAGE.


THAT


MOST


LAWYERS WELL


- THEY UNDERSTAND


- THEY


29


FROM


DISCOURTEOUS


BEHAVIOR







- AND LAWYERS MUST


CLIENTS


IN ALL ACCEPTABLE


WAYS


TO MAKE


THE STANDARDS


OF CLIENT


CONDUCT EVERMORE


ASPIRATIONAL.


IF LAWYERS


ARE TO LIVE UP TO THEIR


HISTORIC


- GRANDILOQUENT


MINDED RHETORIC THEIR


DEEDS


- AND HIGH


MUST


REQUIRE


EVER BETTER


STANDARDS


- FROM


THEMSELVES -


30


BELIEVE IT


HELP THEIR







AND- EQUALLY IMPORTANT FROM THEIR CLIENTS.


A SOCIETY


WILL NOT LONG SURVIVE


IF ITS


INDIVIDUAL


MEMBERS


CONTINUE


TO ASSUME


THAT ALL CONDUCT NOT


PROHIBITED


BY LAW IS


ACCEPTABLE


CONDUCT.


LAWYER



COURT".



LAWYERS


TRULY


WHATEVER



PERFORM -


ARE "OFFICERS


LEGAL


TASK


AND WHENEVER


OF THE



THOSE



AND


31







- A RECOGNITION OF


THEIR OBLIGATION TO THE BODY OF THE LAW IS


THE ONLY WAY -



CIRCUMSTANCES


THE RIGHT WAY -



- EACH LAWYER


UNDER ALL



INVARIABLY


ALWAYS


THINK


OF


THEMSELVES


WHETHER TIT



COURTHOUSE


IEY BE AT THE OFFICE


- OR WHEREVER


AS


- IN THE


"AN OFFICER


OF THE COURT"


- AS BOTH THE FAITHFUL


32


MUST


AND


WHEREVER


- THEY DO IT







THE BODY OF THE


LAW AND AT THE SAME


TIME THE FAITHFUL


ADVOCATE


OF THEIR


CLIENT.


MIA2-272625


33


UNYIELDING


PROPONENT


OF







SPEECHES OF CHESTERFIELD SMITH



SPEECH NUMBER 348









REMARKS OF:







OCCASION:





PLACE:


DATE:


CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA



BILL McBRIDE'S

50TH BIRTHDAY



CARMINE'S ON TOP

YBOR CITY, FLORIDA


SATURDAY, MAY 6, 1995

7:30 P.M.


FIVE MINUTES


TIME:







WITH TRULY MIXED EMOTIONS I STAND


HERE BEFORE YOU TONIGHT.


FIRST IT GIVES ME


PLEASURE


TO PARTAKE


IN THESE


BIRTHDAY


FESTIVITIES IN HONOR OF MY FRIEND and COLLEAGUE


- BILL.


SECOND THIS OCCASION VISITS UPON ME


AT LEAST A SHORT MOMENT OF SADNESS.


WHEN


THE THEN BILL McBRIDE IN 1972 FIRST CAME TO


WORK FOR ME I WAS MUCH LIKE HE IS NOW:







IN THE PRIME OF LIFE


VIGOR AND ENTHUSIASM.


I LOOK AT HIM NOW


ALMOST TWENTY-FIVE YEARS LATER AND I HOPE


THAT MOTHER NATURE


WILL DEAL MORE


KINDLY


WITH HIM IN THE FUTURE THAN SHE DID WITH ME IN


THE PAST.


FRANKLY I DOUBT IT.


I SEE HIM


REPEATEDLY DOING MOST OF THE THINGS THOSE



INNUMERABLE BAD HABITS SO SIMILAR TO MINE -


ROBUST FIGURE


- FULL OF







WHICH ALMOST CERTAINLY WILL LEAD HIM TO MY


PRESENT PHYSICAL STATUS.


OH WELL SO WHAT?


IT AIN'T BEEN ALL BAD!


WHILE


THIS PARTY


IS CERTAINLY


NOT A


SERIOUS OCCASION ONLY A FUN CELEBRATION IT



IS NOT WRONG FOR ME TO GIVE AT LEAST A TOKEN


RECOGNITION OF THE IMPORTANT



ACCOMPLISHMENTS OF BILL. FROM THE TIME THAT







HE ENTERED THE PRIVATE PRACTICE OF LAW IN 1976


- BILL HAS DISPLAYED ALL THE HALLMARK



ATTRIBUTES OF A TRUE WINNER. HE APPROACHED


THE PRACTICE OF LAW WITH A FIERCE TENACITY AND


COMPETITIVENESS


- AN ENDLESS


CAPACITY


WORK


- AND A CHESS


PLAYER'S


INSTINCT


STRATEGY.


HE HAS CULTIVATED AN UNSHAKABLE


AND A FACILITY


FOR


FOR


FOR TURNING


CONFIDENCE







PHRASE ALL THE WHILE MAINTAINING A DIRECT AND


FORTHRIGHT STYLE.


THESE ATTRIBUTES


HAVE GARNERED HIM


GREAT PROFESSIONAL AND PUBLIC APPROBATION.



THEY HAVE INURED TO THE BENEFIT OF HOLLAND &


KNIGHT AS A FIRM.


UNDER HIS LEADERSHIP FOR


THE LAST THREE YEARS AS ITS MANAGING PARTNER -



THE LAW FIRM HAS ACHIEVED UNPRECEDENTED







GROWTH AND ECONOMIC SUCCESS.


HEALTHY BOTTOM LINE FOR HOLLAND


WOULD BE ENOUGH


& KNIGHT


- BUT BILL IS JUST


AS


COMMITTED


TO REPRESENTATION


OF THOSE


MULTIPLE AMERICANS WHO ARE LEGALLY UNDER-



REPRESENTED OR CANNOT AFFORD GOOD LEGAL



REPRESENTATION AS HE IS TO THOSE WHO CAN


FOR MANY A







AFFORD TO PAY THE PRINCELY SUMS THAT HOLLAND


& KNIGHT USUALLY AND HAPPILY CHARGES.


ALTHOUGH


CERTAINLY


NOT AN ALL-


INCLUSIVE VIRTUE I MENTION


BILL'S


SINGULAR


COMMITMENT TO TURNING HOLLAND & KNIGHT INTO


A VERY LARGE AND GREAT LAW FIRM.


THAT VISION


OF HIS HAS OF COURSE NOT BEEN UNIVERSALLY


EMBRACED WITHIN THE FIRM.


NONETHELESS -







ARMED WITH THE PERSEVERANCE AND DEDICATION


WITH WHICH HE APPROACHES CHALLENGES HE HAS



ACHIEVED NO SMALL AMOUNT OF SUCCESS IN THE


PURSUIT OF THAT GOAL.


HIS VISION HAS LED TO


NEGOTIATIONS


FOR MERGERS


WITH DUNNELLS


DUVALL FINE, JACOBSON MASTRY & MARGER -


AND WEBB & DANIEL -- TO NAME A FEW.


THERE ARE


SEVERAL MORE IN THE WORKS.







UNQUESTIONINGLY


HAVE BEEN IMPORTANT THEY IN MY OPINION PALE



IN COMPARISON TO THE MERGER HE NEGOTIATED


WITH ALEX SINK


- A WOMAN


AS IMPRESSIVE


ACCOMPLISHMENT -- THOUGH THANKFULLY NOT IN


STATURE


-- AS BILL.


UNEQUIVOCALLY


- THIS


PARTICULAR


MERGER


MET WITH NO INTERNAL


RESISTANCE -- AT LEAST NOT WITHIN HOLLAND &


IN


WHILE


THESE UNIONS







TOGETHER ALEX AND BILL SINK HAVE


PRODUCED TWO DELIGHTFUL CHILDREN, LEXIE AND



BERT. I LIKE ALL FOUR OF THEM VERY MUCH EACH



IN A DIFFERENT WAY.



WHILE BILL SINK IS A RESPECTED AND



ADMIRED CIVIC AND COMMUNITY LEADER -- TO ME



FIRST AND FOREMOST -- HE IS A GOOD PERSON. HE



ACTS AND DOES PERSONALLY WHAT I WANT A


10


KNIGHT.







PERSON I LIKE TO ACT AND DO.


PERSONAL


STANDARDS


BILL SINK


IS STILL


RELATIVELY YOUNG BUT HE IS ALREADY A LIVING


LEGEND.


HE IS THE VERY BEST OF THE GOOD OLD


MIDDLE-AGED FELLOWS.


BY HIS PROFESSIONAL


CONDUCT BY HIS VERY BEING BY HIS LIFE AND



TIMES SHARED WITH ALEX AND BERT AND LEXIE -



HE EPITOMIZES THAT WHICH MAKES HIM A GREAT


11


BY MY OWN







- TRUE AND FOREVER


FRIEND.


HAPPY BIRTHDAY TO BILL SINK.


THE END


MIA2-291170


12


PERSON


AND A RELIABLE







SPEECHES OF CHESTERFIELD SMITH



SPEECH NUMBER 349







REMARKS OF:






BEFORE:


PLACE:


DATE:


TITLE:


CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA


AMERICAN JEWISH COMMITTEE


PALM BEACH, FLORIDA


TUESDAY, JUNE 13, 1995

7:00 P.M.


CURRENT THOUGHTS OF A TRIAL

LAWYER ABOUT THE IMPORTANCE OF

THE FEDERAL JUDICIARY TO LIBERTY

AND FREEDOM.


TWENTY MINUTES


TIME:







CIVIL LIBERTIES INDIVIDUAL FREEDOMS


ARE RARELY SELF-DEFINING AND THEY ARE NEVER


SELF-ENFORCING.


A POLITICAL SYSTEM WHICH


INTENDS FOR THOSE RIGHTS TO BE RECOGNIZED



MUST MAKE A FUNDAMENTAL CHOICE ABOUT WHO



IS TO DEFINE AND ENFORCE THOSE RIGHTS.



OVER THE YEARS MANY SOCIETIES HAVE



CHOSEN TO GIVE POLITICALLY SENSITIVE







LEGISLATORS OR ADMINISTRATORS THE LAST


WORD IN DECIDING AND DEFINING-THEIR SCOPE.



HOWEVER THE UNITED STATES CONSTITUTION



WISELY GAVE INSULATED FEDERAL JUDGES THE



FINAL POWER TO DEFINE THEM.



USING INSULATED FEDERAL JUDGES



INSTEAD OF ELECTED OFFICIALS TO DEFINE AND



ENFORCE PERSONAL RIGHTS HAS OBVIOUS







FOR EXAMPLE WHEN THE ISSUE


IS WHETHER AN INDIVIDUAL POSSESSES A RIGHT



TO DO AS HE OR SHE WISHES REGARDLESS OF



THE INCONSISTENT DESIRES OF OFFICIALS RUNNING



THE GOVERNMENT IT DOESN'T MAKE ANY SENSE



TO ALLOW THOSE OFFICIALS TO DECIDE THE


QUESTION.


CLOSE CASES UNDER SUCH AN


ARRANGEMENT IN OTHER COUNTRIES ARE ALMOST


ADVANTAGES.







ALWAYS RESOLVED AGAINST THE INDIVIDUAL -


-AND IN FAVOR OF THE POLITICALLY POWERFUL.



ALLOWING FEDERAL JUDGES WHO ARE



RELATIVELY INSULATED FROM PUBLIC OPINION TO



DEFINE THE SCOPE OF CIVIL LIBERTIES AND



INDIVIDUAL FREEDOMS IS THUS FAR MORE LIKELY



TO RESULT IN THE SUSTAINED AND VIGOROUS



PROTECTION OF SUCH RIGHTS THAN A SYSTEM







WHICH RELEGATES THE TASK TO THOSE SELECTED


BY THE POLITICALLY POWERFUL..



SOME WOULD ARGUE THAT FEDERAL



JUDGES IN INTERPRETING THE SCOPE OF CIVIL



LIBERTIES MERELY DISCOVER THE LAW ENACTED



BY LEGISLATORS THAT JUDGES DON'T MAKE LAW.



SUCH AN ARGUMENT TO ME AS AN ANCIENT



TRIAL LAWYER IS UNPERSUASIVE ILLOGICAL AND







OF COURSE FEDERAL JUDGES MAKE


LAW IN CONSTITUTIONAL CASES AND EVERYONE


KNOWS IT.


FEDERAL JUDGES DO REPEATEDLY


AND RECURRINGLY DEFINE AND ENFORCE CIVIL


LIBERTIES AND INDIVIDUAL FREEDOMS.


WHILE


MANY JUDGES COUCH THEIR OPINIONS AS IF THERE



IS ONLY ONE CORRECT CHOICE ANY THINKING



PERSON KNOWS THAT THERE ARE ALWAYS


UNTRUE.







CHOICES AND OFTEN THOSE CHOICES ARE


DIFFICULT.


PICKING BETWEEN HARD


ALTERNATIVES CANNOT BE AVOIDED --- PERSONAL



FREEDOMS OBSCENITY ABORTION AFFIRMATIVE



ACTION SEPARATION OF CHURCH AND STATE -



DESEGREGATION --- ALL HAVE INVOLVED MAKING



HARD CHOICES THAT SIMPLY SHOULD NOT AND



CANNOT BE ENTRUSTED TO POLITICALLY







VULNERABLE OFFICIALS WHO MOST OFTEN OVER


THE YEARS SIMPLY HAVE REFUSED TO MAKE THOSE



HARD DECISIONS.



THE FEDERAL COURTS HAVE HISTORICALLY



PERFORMED WELL IN MAKING THESE HARD


CHOICES.


OUR BLINDFOLDED FIGURE HOLDING


THE SCALES OF JUSTICE MOST OFTEN HAS



ACHIEVED SUCCESS WHERE OTHER FEDERAL







INSTITUTIONS HAVE NOT SUCCESS AS SEEN BY


THE NEGLECTED AND IGNORED AND THE POOR



AND THE WEAK.



CRAFTING SOCIAL CHANGE AND



PROTECTING FREEDOM SOMETIMES INVOLVES



DECREEING DRASTIC REMEDIES AGAINST THE


GOVERNMENT.


GENERALLY THE FEDERAL JUDGE


BEGINS BY ONLY HOLDING WHAT THE







GOVERNMENT CANNOT DO.


GENERALLY DOES NOT POINT OUT WHAT


GOVERNMENT SHOULD DO.


ENOUGH.


SOMETIMES THAT IS


BUT MORE OFTEN THE GOVERNMENT


THEN DOES NOTHING AND THE ONLY JUDICIAL



ALTERNATIVE THEN IS FOR A COURT DECREED


RESOLUTION.


UNDER SUCH CIRCUMSTANCES -


THE ANSWER TO SUCH JUDICIAL ACTIVISM MOST


THE FEDERAL JUDGE







CERTAINLY IS NOT TO CLOSE THE DOOR TO THE


FEDERAL COURTHOUSE.


THE RIGHT ANSWER IS


TO MAKE THOSE OTHER FEDERAL GOVERNMENTAL



INSTITUTIONS DO RIGHT AND TO DO RIGHT



CONSTITUTIONALLY WITHOUT UNDUE SYMPATHY



TO TRANSITORY POPULAR DESIRE.



WHILE THE PROHIBITION BY A FEDERAL



COURT OF UNCONSTITUTIONAL BEHAVIOR STILL IS







REASONABLY CLEAR-CUT THE CONSTRUCTION OF


POLITICALLY FEASIBLE REMEDIES IS NOT.


THE DE


FACTO SEGREGATION OF PUBLIC SCHOOLS EASILY



CAN BE DECLARED A VIOLATION BUT WHAT IS TO


BE DONE ABOUT IT?


THE SOLUTIONS HAVE NOT


PROVED TO BE AS STRAIGHTFORWARD OR



ACCEPTABLE AS THOSE FOR DE JURE


TAKE THE CASE OF RACIAL OR


SEGREGATION.







GENDER DISCRIMINATION IN EMPLOYMENT.


IF COURTS DETERMINE WHAT CONSTITUTES PROOF



OF SUCH CONSTITUTIONAL VIOLATIONS HOW DO



THEY REMEDY THE PROBLEM WITHOUT HARMING



THOSE WHO DO NOT SUFFER THAT


DISCRIMINATION?


AFFIRMATIVE ACTION


PROGRAMS IF CONTINUED FOREVER WILL IN TIME



BECOME UNDULY DISCRIMINATORY AGAINST


EVEN







NON-MINORITIES AND NON-WOMEN.


ALREADY SEE ABUSES IN THE- CHOSEN REMEDIES.



INDEED IN THE EXTENSION OF CIVIL LIBERTIES AND



INDIVIDUAL FREEDOMS ONE PERSON'S GAIN


USUALLY IS ANOTHER PERSON'S LOSS.


FOR IN


RELIGION EMPLOYMENT SCHOOLING -



AFFIRMATIVE ACTION IN MOST OTHER



CONSTITUTIONALLY CONTESTED AREAS ONE


I MYSELF







PERSON'S FAIR REMEDY SEEMS VERY MUCH LIKE


ANOTHER PERSONS UNFAIR DEPRIVATION.


THERE ARE INFINITE NUMBERS OF MANUFACTURING



JOBS FIREFIGHTER POSITIONS OR PLACES IN



MEDICAL SCHOOL THEN AFFIRMATIVE ACTION


WORKS NO HARM IN THE LONG RUN.


BUT IN THE


CONTEXT OF LIMITED SOCIAL RESOURCES -



AFFIRMATIVE ACTION IS UNDERSTANDABLY







THREATENING TO ESTABLISHED SOCIAL GROUPS.


THESE FACTORS EMPHASIZE THE DIFFICULTY



FEDERAL JUDGES FACE IN CREATING SOCIALLY


ACCEPTABLE REMEDIAL TECHNIQUES.


INDEED -


THERE IS JUST SO FAR THAT FEDERAL COURTS CAN



GO IN CONSTITUTIONALIZING EQUALITY WITHOUT



TREATING SOME DIFFERENTLY FROM OTHERS.







THE EFFECTIVENESS OF COURTS IN


PROTECTING UNPOPULAR MINORITIES-HAS OFTEN



PROVOKED MAJORITY RESENTMENT RESULTING IN



PERIODIC AND RECURRING ATTEMPTS TO CURB


SO-CALLED "GOVERNMENT BY JUDGES."


THE


ASSAULTS BY THE POLITICAL RIGHT OR LEFT BY



SINGLE INTEREST GROUPS WITH SPECIAL PURPOSE



GOALS ON FEDERAL JUDGES ARE IN FACT -







MERELY A CYCLICAL RECURRENCE OF POPULIST



FRUSTRATION-WITH THE PREDICTABLE RESULTS OF



THE AMERICAN CONSTITUTIONAL SYSTEM.



COURTS SOMETIMES ARE WRONG AND MUCH



MORE OFTEN COURTS ARE PERCEIVED TO BE



WRONG BY THE LOSING LITIGANT BE THAT


LITIGANT ON EITHER THE RIGHT OR THE LEFT.


THE


COURSE OF LATER EVENTS DOES SOMETIMES







COMPEL THE MODIFICATION OR REVERSAL OF ONE


OR MORE PRIOR JUDICIAL DECISIONS INTERPRETING



THE CONSTITUTION OR ITS BILL OF RIGHTS.



KNOWING THAT IT IS PROPER THAT EXECUTIVE



AND CONGRESSIONAL OFFICIALS LIKE ALL



AMERICANS CAN AND SHOULD FREELY



CRITICIZE THE COURTS CAN AND SHOULD URGE



THE COURTS TO OVERRULE OR REFINE PRIOR







CONSTITUTIONAL DECISIONS.


VOCALLY CRITICIZE FEDERAL JUDGES WHO THEY



BELIEVE ARE ABUSING THEIR AUTHORITY YOU



PROBABLY SOMETIMES DO THAT AND I ALSO DO


THAT.


ALL OF US SHOULD DO THAT AND WE


MUST EACH VIGOROUSLY CONTINUE TO DO SO -



BUT THAT CRITICISM SHOULD ONLY BE DIRECTED



AT CORRECTING THE WRONG RESULTS OF AN


SOME GROUPS







OTHERWISE CORRECT SYSTEM.


CRITICISM HAS MOST OFTEN BEEN ONLY A -



BLATANT ATTEMPT BY POLITICIANS LIBERAL AND



CONSERVATIVE ALIKE TO SHIFT THE POWER TO



DEFINE THOSE RIGHTS AND LIBERTIES FROM



INSULATED JUDGES TO OTHER NON-INSULATED



OFFICIALS WHO ARE SUBJECT TO PERCEIVED



POLITICAL PRESSURES.


HOWEVER THAT







FORTUNATELY THE POLITICAL ATTEMPTS


TO SHIFT THE BALANCE OF POWER AND MODIFY



FEDERAL COURT DECISIONS AFFECTING CIVIL



LIBERTIES AND INDIVIDUAL FREEDOMS HAVE BEEN


LARGELY UNSUCCESSFUL.


ATTEMPTS TO LIMIT


SUBJECT-MATTER FEDERAL JURISDICTION HAVE


BEEN UNSUCCESSFUL.


ATTEMPTS TO CURTAIL


FIRST AMENDMENT RIGHTS SUCH AS