Speeches by Chesterfield - Vol. XXIII, 346-358. 1995-1996

VOLUME XXIII

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#347 REMARKS OF.
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#351

#352

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#353': REMARKS OF:
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#354 REMARKS OF:
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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

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#358 REMARKS OF:
BEFORE:
DATE:
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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:.
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#363 REMARKS OF:
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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

	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...

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