Speeches by Chesterfield - Vol. XXIV, 359-377. 1996-1997

xxTIIr

- #359 .REMARKS OF;
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#360 REMARKS OF:
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CHESTERFIELD SMITH
SAM GIBBONS TESTIMONIAL
FRIDAY, MAY 17, 196.
TAMPA, FLORIDA

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

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

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

- WASHINGTON

- ATLANTA

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

(cont.)

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CHESTERFIELD SMITH
THE FLORIDA BAR GOVERNMENT
LAWYER SECTION LUNCHEON
HONORING JANET RENO
ABA ANNUAL MEETING
ORLANDO, FLORIDA
SATURDAY, AUGUST 3, 1996
4 MINUTES

CHESTERFIELD SMITH
INVESTITURE OF SAMUEL SLOM
AS DADE COUNTY JUDGE
DADE COUNTY COURTHOUSE
MIAMI, FLORIDA
THURSDAY, AUGUST 15, 1996
4 MINUTES

CHESTERFIELD SMITH
HONORING WILLIAM E. WALTERS
HOLLAND & KNIGHT ALL LAWYERS
ANNUAL MEETING IN FT. LAUDERDALE, FLORIDA
SATURDAY, AUGUST 17, 1996

CHESTERFIELD SMITH
REPORTERS WORKSHOP
TAMPA AIRPORT HILTON
TAMPA, FLORIDA
THURSDAY, SEPTEMBER 26, 1996
20 MINUTES

CHESTERFIELD SMITH
NELL BRYANT KIBLER MEMORIAL SERVICES
FIRST PRESBYTERIAN CHURCH
MONDAY, SEPTEMBER 30, 1996
15 MINUTES

CHESTERFIELD SMITH
CELEBRATION OF CHIEF JUDGE JOSEPH W. HATCHETT"S
TWENTY-FIFTH ANNIVERSARY ON THE BENCH
TALLAHASSEE, FLORIDA
FRIDAY, NOVEMBER 1, 1996
5 MINUTES

CHESTERFIELD SMITH
LEGAL SERVICES OF GREATER MIAMI, INC. LUNCHEON
HOLLAND & KNIGHT MIAMI
DECEMBER 5, 1996
30 MINUTES

CHESTERFIELD SMITH
REFLECTION ON LAWYERS AND THEIR DUTY TO THEIR
CLIENTS AND THE PUBLIC
BOCA RATON MARRIOTT
BOCA RATON ROUND TABLE
FRIDAY, FEBRUARY 21, 1997
TWENTY MINUTES

XXIV (Cont.)

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CHESTERFIELD SMITH
FLORIDA LAW NETWORK ANNUAL MEETING
MARRIOTT'S ORLANDO WORLD CENTER
ORLANDO, FLORIDA
SATURDAY, APRIL 26, 1997
TWENTY MINUTES

CHESTERFIELD SMITH
CONSTITUTION REVISION COMMISSION
THE SENATE CHAMBER
THE CAPITOL
TALLAHASSEE, FLORIDA
MONDAY, JUNE 16, 1997
FIFTEEN MINUTES

CHESTERFIELD SMITH
AMERICAN BAR ASSOCIATION
YOUNG LAWYERS DIVISION FALL 1997 AFFILIATE
OUTREACH PROGRAM OPENING ASSEMBLY
HYATT REGENCY WESTSHORE
TAMPA, FLORIDA
THURSDAY, OCTOBER 16, 1997
TWENTY MINUTES

CHESTERFIELD SMITH
"SPECIAL COUNSEL" PROJECT CLE SEMINAR
THE OMNI HOTEL
WEST PALM BEACH, FLORIDA
NOVEMBER 5, 1997
TWENTY FIVE MINUTES

CHESTERFIELD SMITH
PRESENTATION OF ANTI-DEFAMATION LEAGUE
JURISPRUDENCE AWARD TO DAN PEARSON
THE CROWN PLAZA HOTEL
MIAMI, FLORIDA
DECEMBER 4, 1997
FIVE MINUTES

CHESTERFIELD SMITH
MEMORIAL SERVICES
COLONEL WILLIAM E. WALTERS
EPISCOPAL CHURCH
BARTOW, FLORIDA
TUESDAY, DECEMBER 30, 1997
TWELVE MINUTES

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 359

REMARKS OF:

OCCASION:

PLACE:

DATE:

TIME:

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

SAM GIBBONS TESTIMONIAL

WYNDHAM HARBOUR ISLAND

HOTEL

TAMPA, FLORIDA

FRIDAY, MAY 17, 1996

7:00 P.M.

TEN MINUTES

MIA3-394167

CONGRESSMAN SAM GIBBONS AFTER

ALMOST FIFTY YEARS OF PUBLIC SERVICE TRULY

CAN BE CALLED A SUPERIOR CITIZEN.

AND NOW

HE MORE THAN EVER WILL BE IN TAMPA --- A-LOT.

SAM GIBBONS ALWAYS APPROACHES LIFE WITH

ENTHUSIASM WITH AN UNPARALLELED ZEST -

AND CONTINUOUS QUEST FOR EXCELLENCE.

HE

IS DEVOTED TO RESTRAINT AND MODERATION -

BUT WHEN THE DUTY TO ACT IS CLEAR HE ACTS

WITH LITTLE REGARD TO PUBLIC CRITICISM OR

EVEN THREATS.

TRULY HE INDEED IS ONE OF

THE ALL-TIME GREATEST OF FLORIDIANS AND I

FOR ONE AM VERY GLAD THAT HENCEFORTH WE

ALL WILL SEE SAM--A-LOT.

CONGRESSMAN SAM GIBBONS IS AN

OPTIMISTIC PERSON TRUSTING IN THE INHERENT

AFTER YEARS OF OFTEN

VEXING AND ALWAYS DEMANDING PUBLIC SERVICE

- HE CONTINUES TO BELIEVE THAT RIGHT -

GOODNESS AND JUSTICE ULTIMATELY WILL

PREVAIL.

HE IS COMPASSIONATE AND

UNDERSTANDING CONSCIENTIOUS AND FAIR-

MINDED.

PREVAILS.

HE IS NOT LOCKED IN REASON ALWAYS

HE EPITOMIZES THE POLITICS OF UNITY

GOOD OF PEOPLE.

- BUT LET IT NEVER BE FORGOTTEN THAT FISCALLY

CONSERVATIVE SAM GIBBONS ALWAYS HAS BEEN

AN OLD-FASHIONED GOOD GOVERNMENT YELLOW-

DOG DEMOCRAT AND HE ALWAYS WILL BE.

AS

A PUBLIC SERVANT HE POSSESSES A FIERCE

COMPETITIVENESS A CHESS-PLAYER'S INSTINCT

FOR STRATEGY A THOROUGH GRASP OF THE

GOVERNMENTAL PROCESS A PHENOMENAL

CAPACITY FOR WORK BOUNDLESS CONFIDENCE -

POLITICAL FEARLESSNESS AND THE FACILE

ABILITY TO TURN A PHRASE.

HIS STYLE WAS AND

IS BONA FIDE DIRECT SPECIFIC AND

UNEQUIVOCAL.

HE HAS BEEN HIS OWN PERSON -

AND HIS PAST INDICATES TO ME THAT HE WILL BE

IN THE FUTURE.

AND REMEMBER THIS ALWAYS -

SOMETIMES CONGRESSMAN SAM GIBBONS HAS

BEEN LONELY BUT HE HAS NEVER SHIRKED

STANDING ALONE.

HE NEVER WILL.

BUT NOW GOODBYE WASHINGTON HE'S

COMING HOME TO TAMPA.

SAM GIBBONS -

OUTSTANDING LAWYER NONPAREIL PUBLIC

SERVANT PERHAPS MORE AND MORE WILL NOW

BE HANGING AROUND IN TAMPA -- FROM NOW ON

OUR LIVES WILL INCLUDE SAM--A-LOT.

6

IN ORDER THAT THOSE HERE ASSEMBLED

MIGHT REMEMBER IN A PLEASANT WAY THE

UNIQUENESS OF SAM GIBBONS TO FLORIDA IT

MAY BE FUN TO TURN BACK OUR SUNDIAL TO THE

DAYS OF CAMELOT OR IN OUR OWN CASE -

SAM-A-LOT.

AS WE DAYDREAM A BIT WE

CONJURE UP IN SAM-A-LOT OUR KING AND OUR

QUEEN.

WE SEE KING SAM GIBBONS SOMETIMES

ALSO KNOWN SIMPLY AS "SAM" AND

OCCASIONALLY EVEN BY OTHER NAMES HOLDING

ONTO HIS FAMOUS SWORD "EXCALISAM."

AS

YOU RECALL KING SAM OBTAINED "EXCALISAM"

BY PULLING IT OUT OF A ROCK UNDER WHICH HE

FOUND HIDING MANY SLIMY SLICK LITTLE

CREATURES DESTINED LATER TO BECOME IN HIS

EYES THE MEMBERS OF THE NEWT GINGRICH GANG.

AND ON HIS ARM THE LOVELY QUEEN -

MARTHA-A-VERE LADY OF ELEGANCE AND GRACE.

ROYALTY ATTACHES NOT ONLY TO HER STATUS -

BUT MORE IMPORTANTLY TO HER VERY BEING AS

A GREAT EQUALIZER OF KINGS.

ONE MORNING -

SHE BURST INTO THE KING'S BATHROOM AND

FOUND HIM PRIMPING IN THE MIRROR.

SAID "MARTHA-A-VERE HOW MANY REALLY

GREAT MEN DO YOU THINK THERE ARE IN THE

UNITED STATES CONGRESS?"

MARTHA-A-VERE

REPLIED "ONE LESS THAN YOU THINKETH...

MARTHA-A-VERE IRIDESCENT INTRIGUING

- INTOXICATING AND IMPISH IN ALL FAIRNESS -

DOES HAVE A FEW FAULTS.

SHE IS A VERY POOR

10

KING SAM

INTIMATE FRIENDS KNOW

THAT THE ROYAL COUPLE SPENDS A LOT OF TIME

IN THE LIVING ROOM.

KING SAM WATCHING

JESTER-VISION AND MARTHA-A-VERE PICKING

MUSHROOMS...

AND THE QUEEN CAPTIVATING -

CHARMING COMELY AND CORDIAL THAT SHE IS -

RECOGNIZES THAT THE KING AS YOU ALSO KNOW

11

CASTLE CLEANER.

IF YOU ARE NOT BLIND PHYSICALLY IS NOT AN

ATTRACTIVE PERSON.

INDEED HE WAS ALSO

QUITE OBVIOUSLY A HOMELY CHILD.

WHEN

CHILDREN PLAYED "SPIN THE BOTTLE" IN THOSE

DAYS IF YOU DIDN'T WANT TO KISS SOMEBODY -

YOU HAD TO GIVE HIM A SHILLING.

BY THE TIME

KING SAM WAS TWELVE HE OWNED ALL OF THE

NORTHERN SHIRE HE WAS RICH ALL THROUGH

12

SHILLINGS ACCUMULATED SIMPLY BY PLAYING

"SPIN THE BOTTLE."

BUT THE KING HAS SOME VERY

OUTSTANDING QUALITIES.

AND ACCOMMODATING.

HE IS CONSIDERATE

QUEEN MARTHA-A-VERE

- ELEGANT EFFERVESCENT ENCHANTING AND

ETERNAL ONCE BEGGED FOR A CASTLE NEAR THE

13

SO KING SAM FLOODED THEIR ROYAL

BASEMENT.

THERE OF COURSE ARE MULTIPLE GOOD

KNIGHTS OF THE SQUARE TABLE GATHERED

TONIGHT TO CELEBRATE THIS OCCASION.

UNFORTUNATELY ONE OF THE CLOSEST FRIENDS OF

KING SAM A PERSON CALLED LAWYER BUT

SOMETIMES CALLED JUDGE MY COLLEAGUE AND

14

WATER.

LAW PARTNER JOHN GERMANY IS IN CALIFORNIA

SO THAT I IN HIS BEHALF AND IN BEHALF OF HIS

WONDERFUL AND WISE COMPANION MARY ELLEN

- GET TO EXTEND TO THE KING AND THE QUEEN

THEIR PERSONAL GREETINGS AND IN THEIR BEHALF

TO ASK THE ASSEMBLED GOOD KNIGHTS OF SAM-

A-LOT AND THEIR LADIES TO PREPARE SOON TO

RAISE THEIR GLASSES TO THE KING AND TO THE

15

SENSATIONAL STUNNING SPARKLING SAUCY -

GRACIOUS GORGEOUS GENIAL AND GLORIOUS

QUEEN.

LET US NOW IN MAKING THIS TOAST WITH

VERY LITTLE MODIFICATION BORROW WITH

APOLOGIES TO KING ARTHUR REX HARRISON AND

PRESIDENT JOHN KENNEDY THE BEAUTIFUL AND

AMAZINGLY APPROPRIATE WORDS FROM CAMELOT

16

TO DESCRIBE KING SAM'S DREAM HIS ERA HIS

TRIUMPH AS IT HAS EXISTED FOR MANY YEARS IN

HILLSBOROUGH COUNTY WITHIN THE WALLS OF HIS

SAM-A-LOT OBLIVIOUS TO THE BLIZZARDS -

STORMS RAIN HAIL AND HEAT OUTSIDE:

"IT'S TRUE.

IT'S TRUE.

CONGRESSMAN HAS MADE IT CLEAR."

17

THE

"THE CLIMATE MUST BE PERFECT ALL THE

YEAR."

"A LAW WAS MADE A DISTANT MOON AGO

HERE."

"JULY AND AUGUST CANNOT BE TOO HOT.

AND THERE'S A LEGAL LIMIT TO THE SNOW

HERE IN SAM-A-LOT."

"THE WINTER IS FORBIDDEN TILL

18

DECEMBER -

AND EXITS MARCH THE SECOND ON THE

DOT."

"BY ORDER SUMMER LINGERS THROUGH

SEPTEMBER."

"IN SAM-A-LOT."

"THE CONGRESSMAN'S SAM-A-LOT."

"I KNOW IT SOUNDS A BIT BIZARRE -"

19

"BUT IN THE CONGRESSMAN'S SAM-A-LOT

THAT'S HOW CONDITIONS ARE."

"THE RAIN MAY NEVER FALL TILL AFTER

SUNDOWN -"

"BY EIGHT THE MORNING FOG MUST

DISAPPEAR."

"IN SHORT THERE'S SIMPLY NOT A MORE

CONGENIAL SPOT

20

FOR HAPP'LY-EVER-AFTERING THAN HERE

IN SAM-A-LOT."

"THE CONGRESSMAN'S SAM-A-LOT."

"I KNOW IT GIVES A PERSON PAUSE

BUT IN THE CONGRESSMAN'S SAM-A-LOT

THOSE ARE THE LEGAL LAWS."

"THE SNOW MAY NEVER SLUSH UPON THE

HILLSIDE."

21

"BY NINE P.M. THE MOONLIGHT MUST

APPEAR."

"IN SHORT THERE'S SIMPLY NOT

A MORE CONGENIAL SPOT

FOR HAPP'LY-EVER-AFTERING THAN HERE

IN SAM-A-LOT."

"SO EACH EVENING FROM DECEMBER TO

DECEMBER

22

BEFORE YOU DRIFT TO SLEEP UPON YOUR

COT

THINK BACK ON ALL THE TALES THAT YOU

REMEMBER

OF SAM-A-LOT."

"ASK EVERY TAMPA PERSON IF HE'S HEARD

THE STORY -

23

AND TELL IT STRONG AND CLEAR IF HE HAS

NOT -

THAT ONCE THERE WAS A FLEETING WISP

OF GLORY -

CALLED SAM-A-LOT."

THE CONGRESSMAN'S. SAM-A-LOT.

"YES SAM-A-LOT MY FRIENDS...

24

"WHERE ONCE IT NEVER RAINED TILL AFTER

SUNDOWN -"

"BY EIGHT A.M. THE MORNING FOG HAD

FLOWN -"

"DON'T LET IT BE FORGOT

THAT ONCE THERE WAS A SPOT

FOR ONE BRIEF SHINING MOMENT THAT

WAS KNOWN

25

AS SAM-A-LOT."

"THE CONGRESSMAN'S SAM-A-LOT."

LADIES AND GENTLEMEN THAT'S IT IT'S

MY DAY IS DONE.

I SIMPLY NOW

PROPOSE HERE IN SAM-A-LOT TO MAKE A TOAST

BY THE KNIGHTS AND THEIR LADIES ASSEMBLED

26

OVER.

AROUND THE SQUARE TABLE TO KING SAM AND

QUEEN MARTHA-A-VERE.

TO SAM GIBBONS AND TO MARTHA

GIBBONS TO THEIR EVERLASTING HEALTH AND

HAPPINESS FOR EVERMORE IN SAM-A-LOT AND

BE ASSURED FROM NOW ON THEY REALLY WILL BE

IN THE CONGRESSMAN'S SAM-A-LOT.

GOODNIGHT.

27

MIA3-394175

28

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 360

REMARKS OF:

OCCASION:

PLACE:

DATE:

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

PASSING OF THE GAVEL

SUPREME COURT BUILDING

TALLAHASSEE, FLORIDA

MONDAY, JUNE 3, 1996

4:00 P.M.

7 MINUTES

TIME:

- I HAD THE

PERSONALLY IMMENSE PRIVILEGE OF SPEAKING

AT THE INVESTITURE

OF MY FRIEND

FORMER LAW PARTNER JUDGE STEPHEN H.

GRIMES AS HE PREPARED TO TAKE HIS PLACE

ON THE FLORIDA SUPREME COURT.

AUSPICIOUS OCCASION

ON THAT

- I REMARKED THAT

WHILE THEN JUDGE STEVE GRIMES HAD SERVED

AS A "NONPAREIL DISTRICT COURT JUDGE FOR

AND

ON JANUARY

30, 1987

- IT WAS PERHAPS

PREMATURE TO CALL HIM A "GREAT" OR EVEN

A 'VERY GOOD" SUPREME COURT JUSTICE.

CERTAINLY THE POTENTIALITY FOR HIM TO BE

SO CALLED WAS ALWAYS TREMENDOUS.

ALMOST

9 1/2 YEARS HAVE PASSED

SINCE

THAT TIME.

THOSE YEARS HAVE WITNESSED

THE ELEVATION OF JUDGE STEVE GRIMES FROM

OF JUNIOR JUSTICE

MANY YEARS"

THEN

THE RANKS

TO MOST

RECENTLY CHIEF JUSTICE.

HAVE ALSO AFFORDED AN OPPORTUNITY FOR

MANY TO EXAMINE JUSTICE STEVE

GRIMES'

CONTRIBUTIONS

SYSTEM.

TO THE FLORIDA

ONLY

AFTER

JUSTICE

CONSIDERED

REFLECTION

HAS

BEEN

GIVEN

ACCOMPLISHMENTS

CAN

WE

DECIDE

SINGULARLY

AND COLLECTIVELY

- WHETHER

DESERVES

TO

HIS

THOSE YEARS

JUSTICE

STEVE

GRIMES

THE

SUPREME COURT

JUSTICE.

HE DOES.

PUBLICLY

UNRESERVEDLY I BELIEVE THAT

FROM NOW ON I SHALL MYSELF

AND PRIVATELY CALL HIM "STEVE

THE MAGNIFICENT".

STEVE

GRIMES'

LEGACY

TO FLORIDA

JURISPRUDENCE DEFIES OF COURSE -

FACILE DESCRIPTION.

IT IS SEEMLY AND

ACCURATE TO SAY THAT STEVE GRIMES HAS

THE

APPELLATION

OF "GREAT"

GRACED THE FLORIDA SUPREME COURT WITH

THE NOBLE CHARACTERISTICS THAT RESIDE IN

ABUNDANCE IN GREAT JUDGES AN INCISIVE

INTELLECT AN UNPARALLELED WORK ETHIC -

SOUND JUDGMENT LEGAL CRAFTSMANSHIP -

WISDOM

- AND EXPERIENCE.

IT IS

APPROPRIATE

TO SAY ALSO THAT THESE

QUALITIES

INSIGHTFUL

ENABLED

HIM

TO

AND METICULOUSLY

CREATE

PREPARED

LEGAL OPINIONS

EVERLASTING IMPORT TO FLORIDA LAW.

HE

HAS SERVED AS AN APPELLATE JUDGE LONGER

THAN ANY

OTHER ACTIVE

SUPREME

COURT

JUSTICE

- AND HE HAS AUTHORED

APPELLATE OPINIONS THAN ANY OTHER SITTING

SUPREME COURT JUSTICE.

LESS APPARENT

TO THE OUTSIDE OBSERVER HOWEVER -

IS

JUSTICE STEVE GRIMES' IMPACT ON THE INNER

MORE

OF SIGNIFICANT

- AND

SANCTUM OF THE COURT ITSELF.

COLLEAGUES JUSTICE STEVE GRIMES WILL BE

REMEMBERED FOR HIS COLLEGIAL SPIRIT FOR

SEEKING HARMONY AND UNITY OVER DISCORD -

AND FOR RESISTING THE LURE OF DOGMATIC

INFLEXIBILITY

IN

FAVOR

RECEPTIVITY TO OPPOSING STYLES AND POINTS

OF VIEW.

OF

AN

OPEN

TO HIS

BUT JUSTICE STEVE GRIMES IS NOT JUST A

SPLENDID

JURIST.

HIS LIFE BEARS

TESTIMONY TO HIS UNSWERVING

TO THE LAW IN ALL ASPECTS.

COMMITMENT

JUSTICE

STEVE GRIMES HAS ZEALOUSLY AND TIRELESSLY

EXTENDED HIS SUBSTANTIAL ENERGY INSIGHT

AND

ORGANIZATION

IMPROVING

WISDOM

TO

SHARING

THE QUALITY

A NUMBER OF

HIS PASSION FOR

OF THE JUSTICE

SYSTEM IN THE STATE OF FLORIDA AND FOR

INCULCATING

THE HIGHEST

STANDARDS

PROFESSIONALISM AND ETHICS AMONG FLORIDA

JUDGES AND LAWYERS.

IRONICALLY

- ONE OF JUSTICE

STEVE

GRIMES' MOST SIGNIFICANT CONTRIBUTIONS TO

THE FLORIDA SUPREME COURT WAS MADE WELL

BEFORE

HE

WAS

APPOINTED

DISTINGUISHED INSTITUTION.

OF

TO

THAT

AS MANY OF

YOU KNOW FLORIDA HAS A RATHER UNIQUE

APPELLATE

COURT

SYSTEM

IN WHICH

DISTRICT COURTS RATHER THAN THE SUPREME

COURT ARE THE FINAL COURTS OF APPEAL ON

THE MAJORITY OF APPELLATE MATTERS.

AS

A DISTRICT JUDGE STEVE GRIMES SERVED ON

THE FLORIDA

SUPREME

COURT

APPELLATE

STRUCTURE COMMISSION.

WHILE ON THAT

COMMISSION

- THEN

JUDGE

STEVE

GRIMES

10

THE

SIGNIFICANTLY HELPED TO DEFINE AND CLARIFY

THE JURISDICTIONAL RESPONSIBILITIES OF THE

DISTRICT COURTS OF APPEAL AND THE FLORIDA

SUPREME COURT.

NEVER ONE TO REST ON THE LAURELS OF

HIS PRIOR ACCOMPLISHMENTS JUSTICE STEVE

GRIMES

CONTINUED

TO

ACHIEVE

OTHER

SIGNIFICANT VICTORIES ON BEHALF OF THE

FLORIDA JUSTICE SYSTEM.

FOR THE PAST

TWO YEARS HE HAS SERVED AS CHAIR OF THE

ARTICLE V TASK FORCE ESTABLISHED BY THE

FLORIDA LEGISLATURE TO MAKE PROPOSALS

FOR AMELIORATIVE CHANGES TO THE QUALITY

OF JUSTICE IN

STEWARDSHIP -

FLORIDA.

UNDER

THE TASK FORCE

HIS

MADE

NUMBER OF PROPOSALS AND RECOMMENDATIONS

FOR ENHANCING

THE WORK

OF JUDICIAL

NOMINATING COMMISSIONS AND IMPROVING THE

DISCIPLINE AND

REMOVAL

OF JUDGES -

VIA THE JUDICIAL

NOMINATING COMMISSION.

THE TASK FORCE

HAS SUCCESSFULLY

APPROVAL

TO

OBTAINED ]

PRESENT

LEGISLATIVE

THOSE

RECOMMENDATIONS TO VOTERS DURING THE

NOVEMBER

1996 GENERAL

ELECTION

AS A

PROPOSED

CONSTITUTIONAL

AMENDMENT TO

ARTICLE V OF THE STATE CONSTITUTION.

PROCEDURES

FOR THE

AS CHIEF JUSTICE STEVE GRIMES ALSO

INITIATED AN EFFORT SPEARHEADED BY NEW

CHIEF

JUSTICE GERALD KOGAN AND -

SPLENDID BUT NOW DEPARTED JUDGE EARLE

ZEHMER -

TO UNDERTAKE A COMPREHENSIVE

EVALUATION OF THE ROLE AND EFFICACY OF

THE FORMER

JUDICIAL

COUNCIL.

RECOMMENDATIONS

OF

THE

STEERING

COMMITTEE RESULTED IN A REVITALIZED AND

14

THE

THE

REJUVENATED JUDICIAL MANAGEMENT COUNCIL.

THE SUPREME COURT HAS NOW CHARGED

THE NEW JUDICIAL MANAGEMENT COUNCIL WITH

- AMONG OTHER THINGS FORMULATING A LONG

RANGE STRATEGIC PLAN FOR THE JUDICIAL

BRANCH.

THE COUNCIL

WILL PLAY AN

INSTRUMENTAL ROLE IN DECISION MAKING

RELATIVE TO THE ORGANIZATION GOVERNANCE

15

- AND OPERATIONS

JUDICIAL BRANCH.

JUSTICE STEVE GRIMES ALWAYS HAS BEEN -

AND REMAINS EVER VIGILANT IN HIS QUEST

TO EDUCATE THE GENERAL PUBLIC ABOUT THE

IMPORTANCE OF AN INDEPENDENT JUDICIARY.

HE HAS SUCCESSFULLY ADVOCATED TO THE

FLORIDA LEGISLATURE AND OTHERS THAT THE

S WITHOUT

- RESOURCES

OF THE

SUPREME

COURT

RETAIN

MODIFICATION ITS CONSTITUTIONAL AUTHORITY

TO OVERSEE THE ADMISSION REGULATION -

AND DISCIPLINE OF ATTORNEYS.

IN THIS ERA

OF INCREASING PUBLIC DISAPPROBATION AND

CENSURE

OF THE JUSTICE

SYSTEM

- AND

ATTORNEYS IN PARTICULAR JUSTICE STEVE

GRIMES HAS TAKEN A PROACTIVE APPROACH TO

MAKE INFORMATION MORE READILY AVAILABLE

TO THE GENERAL

PUBLIC

REGARDING

17

THE

COURT SYSTEM -

CONFLICT RESOLUTION HOW LAWYERS ARE

SUPPOSED TO CONDUCT THEMSELVES AND HOW

TO ACCESS THE JUDICIAL SYSTEM.

IN THE ALMOST 50 YEARS THAT I HAVE

PRACTICED LAW I HAVE NOT SURPRISINGLY

KNOWN MANY MANY JUDGES.

A GREAT

NUMBER OF THEM HAVE SERVED THE LEGAL

PROFESSION WITH SUBSTANTIAL DIGNITY WITH

18

THE ROLE OF

JUDGES IN

UNYIELDING COMMITMENT

DISTINCTION.

JUSTICE

STEVE

GRIMES

DESERVEDLY

- AND CLEARLY

- AND WITHOUT

RESERVATION BELONGS AMONG THIS GROUP

OF JUDGES -

THOSE JUDGES WHOM I AS A

LAWYER A TRIAL LAWYER LIKE VERY MUCH.

THE EXCELLENCE WHICH HE CONSISTENTLY

HAS BROUGHT TO

BEAR ON THE

SUPREME

COURT WILL BE SORELY MISSED AS HAS ALL

19

- AND WITH

WHO HAVE BEEN

TRULY GREAT TRULY SPLENDID JUDGES AND

JUSTICES.

HOWEVER,

IT HAS BEEN

DEMONSTRATED IN FLORIDA AND ELSEWHERE -

THEY WILL NOT SOON BE FORGOTTEN BY THE

GENERAL

PUBLIC

- AND PARTICULARLY

LAWYERS AND OTHER JUDGES.

SO JUNE

REMEMBERED

3, 1996,

WILL ALWAYS

AS A SIGNIFICANT

DATE

20

BY

BE

IN

PAST JUDICIAL

OFFICERS

FLORIDA JUDICIAL HISTORY.

ON WHICH WE WELCOME A NEW CHIEF JUSTICE

OF THE FLORIDA SUPREME COURT,

KOGAN

WHO

ALSO

LEADERSHIP POTENTIAL.

HAS

GERALD

TREMENDOUS

IT IS ALSO THE DAY

ON WHICH WE BID

FAREWELL -

AS CHIEF

JUSTICE TO MY FRIEND THE VERY GOOD -

THE VERY HONORABLE THE VERY GREAT THE

OUTGOING CHIEF JUSTICE STEPHEN H. GRIMES.

IT IS THE DAY

MIA3-397466

22

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 361

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

BEFORE:

PLACE:

DATE:

HOLLAND & KNIGHT

1996 LAW CLERKS -

WASHINGTON

HOLLAND & KNIGHT

WASHINGTON

TUESDAY, JUNE 4, 1996

NOON

REMARKS OF:

TIME:

ONE THING IS CLEAR TO ME -- THE UNIQUE

HALLMARK OF THE LEGAL PROFESSION IS -- AND

ALWAYS

HAS BEEN AND WILL BE

-- ITS

COMMITMENT TO PUBLIC SERVICE.

NO OTHER

PROFESSION HAS SO EXTENSIVE A COMMITMENT.

LAWYERS EVERYWHERE

-- LEGITIMATELY

PROPERLY -- DO SEEK FROM THE PRACTICE OF

LAW WEALTH AND PERSONAL POWER

-- BUT

THOSE WHO SEEK ONLY THOSE TWO PERSONAL

REWARDS WILL MISS MUCH.

LIKE OTHERS OF

-- NOT SURPRISINGLY

AND

-- AM

MY TIME

-- I

THAT THE EVER-

ACCELERATING ATTENTION OF YOUNG LAWYERS

TO THE MONETARY RETURNS OF LAW PRACTICE

IS HAVING

A DAMPENING

EFFECT

ON THAT

SPIRIT

OF

COMMITMENT

VOLUNTEERISM;

BY

LAWYERS

-- ON

THE

TO PRO-BONO

PROFESSIONAL WORK.

WHEN I WAS A YOUNG BEGINNING LAWYER

THAT I KNEW

CONCERNED

INCREASINGLY

-- MOST

LAWYERS

WELL

FOCUSED ALWAYS

TRADITIONAL OBLIGATIONS OF THE ADVOCATE:

- THE OBLIGATION

OF PUBLIC

SERVICE;

- THE OBLIGATION OF SERVICE TO THE

PROFESSION;

- THE OBLIGATION

OF IMPROVING

SYSTEM OF JUSTICE.

OUR

ROUTINELY

ON THE

TO ME THAT THE

PRINCIPLE OBLIGATION OF MOST LAWYERS IS TO

BE SUCCESSFUL FINANCIALLY.

THOSE CONCERNS

OF MINE ABOUT THAT

PERCEIVED

BURGEONING

BOTTOM

MENTATILTY OF LAWYERS -- IF TRUE --

WILL

NOT BE EASILY RESOLVED AND I NOW PUT

THEM ASIDE FOR LATER CONSIDERATION.

FULLY

RECOGNIZING

THE LEGITIMATE

INTEREST

INDIVIDUAL

LINE

OF

NOW IT OFTEN

SEEMS

LAWYERS

IN

DOING

WELL

FINANCIALLY -- I UNABASHEDLY OFFER TO YOU

ENTERING

THE

LEGAL

PROFESSION

MY THOUGHTS

ABOUT

OTHER

REWARDS -- OTHER BENEFITS -- ASSOCIATED WITH

BEING A LAWYER.

THOSE REWARDS --

THOSE

BENEFITS

-- HAVE

SHAPED

MY LIFE AS A

LAWYER

-- AND I WOULD DO IT ALL

AGAIN

ABOUT THE

SAME WAY.

FIRST -- I THINK -- TO BE A GOOD LAWYER

-- A PERSON SHOULD ENJOY UTILIZING CREATIVE

WHO

JUST

ARE

ABILITIES AND IMAGINATION IN THE SOLUTION OF

DIFFICULT

PROBLEMS.

AND CHALLENGE

AS I SEE IT

INTELLECTUAL

-- THE GREATEST

PROFESSIONAL PLEASURE THAT CAN COME TO A

LAWYER

IS TO SEE HARD

THINKING

TRANSLATED INTO FAVORABLE RESULTS FOR THE

CLIENT.

SECOND --

I BELIEVE THAT

A LAWYER

SHOULD

-- MUST

-- PICTURE

HIMSELF

A RESPECTED

GOOD

OR

HERSELF

ALWAYS

AS

AND

INDEPENDENT PROFESSIONAL -- A PERSON OF

INTEGRITY WHO HAS ESTABLISHED PROFESSIONAL

STANDARDS FOR DECIDING WHAT SHE OR HE

WILL DO -- AND WILL NOT DO -- AS A LAWYER.

A GOOD

LAWYER

NEVER

COMPROMISES

PROFESSIONAL QUALITY

-- STRIVING TO DO THE

BEST WORK POSSIBLE FOR ITS OWN SAKE -- AND

PERSONAL

LAWYER

SATISFACTION.

ALWAYS

MUST

INDEED

BE READY

-- EACH

TO BE

JUDGED BY THE LEGAL PROFESSION -- BY THE

PUBLIC -- AND BY HER OR HIS PEERS -- FOR

THOSE PROFESSIONAL

WORK QUALITY.

THIRD

-- I CONTEND

THAT A LAWYER

CONTINUOUSLY SHOULD BE

IN THE FOREFRONT

OF THOSE

SEEKING

NEEDED

CHANGES

REFORMS IN LAWS -- IN LEGAL PROCESSES -- IN

THE LEGAL PROFESSION -- AND IN THE SOCIETY.

AN EXPERIENCED LAWYER WELL KNOWS THAT

ALMOST EVERY MAJOR SOCIETAL OR PUBLIC

ISSUE INVOLVES LAW -- AND HE OR SHE ALSO

OR

-- AND FOR

DECISIONS

THAT A LAWYER

THROUGH LIFE WITH BLINDERS FOCUSSING ON

NARROW ISSUES.

A COMMITTED PROFESSIONAL

SHOULD

WORK

AT THE TOTAL

AFFAIRS

LIVING -- ARTS -- SPORTS -- POLITICS -- CURRENT

EVENTS -- COMMUNITY AND CIVIC AFFAIRS --

CHURCH -- BOOKS -- FIGHTING ALWAYS AGAINST

THE DISEASE OF COMPARTMENTALIZATION.

FOURTH -- I KNOW THAT MANY LAWYERS --

THROUGHOUT

OF

CANNOT GO

RECOGNIZES

FLORIDA

-- HAVE

ALREADY

SIGNIFICANT ROLES

CIVIL RIGHTS ISSUES.

LEGAL PROFESSION

BUT I REITERATE -- THE

-- AS IT BECOMES

EVER

MORE ORIENTED TO THE BOTTOM LINE -- TRULY

IS UNDERGOING FUNDAMENTAL MODIFICATION.

AS LAW PRACTICES GET LARGER AND LARGER --

AS THE COMPETITION FOR LEGAL BUSINESS GETS

FIERCER

-- AND AS PRESSURES INCREASE TO

ALTERNATIVES

TO

LITIGATION

RESOLVING

DISPUTES

-- I BELIEVE

LAWYERS MUST CONTINUE TO TAKE THE LEAD

FIND

FOR

THAT

PLAYED

IN HUMAN AND

PRO BONO PUBLIC IN THE AREAS OF CIVIL AND

HUMAN RIGHTS -- AND THAT

A NUMBER OF

LAWYERS

SIMPLY

ARE NOT DOING

LAWYERS IN THE PAST HAVE RIGHTLY EARNED

A REPUTATION AS A WHOLE FOR SUCH WORK --

TRADITIONALLY

DIFFICULTIES A

REPRESENTING

LND FEARS TIL

PEOPLE

WITH

AT OVERWHELM

THEM

THOSE

-- REPRESENT]

ENMESHED

FREELY

AND OFTEN

IN FRIGHTENING

LEGAL

AREAS WHO ARE EITHER UNREPRESENTED OR

WE MUST CONTINUE THAT

THAT.

UNDERREPRESENTED.

A GOOD LAWYER QUICKLY LEARNS

THAT VERY SPECIAL SATISFACTION THAT CAN

WHEN

SHE OR HE DISCHARGES

UNIQUE RESPONSIBILITY

THE

OF PROVIDING LEGAL

HELP TO PEOPLE MOST IN NEED OR

COMPETENT

LEGAL

SERVICES

AT THE TIME OF THEIR

GREATEST VULNERABILITY.

FIFTH -- WHILE PERHAPS

AS AN OBSERVATION

BOTH TRITE AND

------ A GOOD

ALL MUST

COME

SMUG

TRADITION.

LAWYER

ABOVE

KNOW

-- MUST

THAT IF SHE OR HE --

THEIR PEERS -- WHO HAVE CAST THEIR TOTAL

PROFESSIONAL LOT WITH ADVERSARY SYSTEM OF

JUSTICE

-- DO NOT INDIVIDUALLY DISCHARGE

THAT UNIQUE

OBLIGATION

TO MAKE

PROCESSES OF JUSTICE WORK -- NO ONE ELSE --

ANYWHERE

RESPONSIBILITY.

WILL

ACCEPT

THAT

THE COURTS SHOULD DISPENSE

JUSTICE -- BUT EVEN MORE SIGNIFICANTLY --

LAWYERS BEST KNOW THAT THE COURTS MUST

BE PERCEIVED BY CITIZENS EVERYWHERE -- BY

THE

APPRECIATE --

AND

LITIGANTS EVERYWHERE -- TO DISPENSE JUSTICE.

IT IS -- AND LONG HAS BEEN -- AN OBLIGATION

OF A LAWYER TO MAKE THAT PERCEPTION A

REALITY BY FIGHTING

ALWAYS TO

ENHANCE

JUDICIAL

AND

LAWYER

EFFICIENCY

COMPETENCY.

LAWYERS MUST CONTINUE THAT

UNCEASING FIGHT.

SIXTH -- ADMITTEDLY

-- WE

AS LAWYERS

ARE

-- AND FOR SOMETIME

HAVE

BEEN

CONCERNED THAT ALL -- OR SOME -- OF THE

AND

BEST -- THE BRIGHTEST -- THE MOST IDEALISTIC

OF THOSE WHO TYPICALLY IN THE PAST HAVE

ENTERED

THE

LEGAL

PROFESSION

MIGHT

HENCEFORTH CHOOSE OTHER WAYS TO MAKE A

LIVING.

CERTAINLY I KNOW SOME WONDERFUL

YOUNG PEOPLE WHO NOW WEAR BUGLES OTHER

THAN LEGAL PROFESSIONALISM.

PERHAPS IT IS

TIME THAT LEGAL CODES OF ETHICS AND RULES

OF LAWYER CONDUCT MOVE SOMEWHAT CLOSER

REALITY

BY

FREELY

AND

FRANKLY

REQUIRING AN ACKNOWLEDGMENT THAT THOSE

TO

LAWYERS ARE

OBLIGATORY.

WHILE

THE BEST LAWYERS

ALWAYS HAVE RECOGNIZED THAT EARNING A

LIVING

OF

NECESSITY

PREOCCUPATION

-- PERHAPS

IT NOW WOULD

ATTRACT IDEALISTIC YOUNG

PEOPLE AGAINST

THE LEGAL PROFESSION IF THE ORGANIZED BAR

AFFIRMATIVELY ENSURES THAT EACH LAWYER

TIME FOR OTHER

SOURCES

OF SELF-

FULFILLMENT WHILE STILL EARNING THAT VERY

WE MUST CONTINUE -- AS WE

HAS

TO

BE

FINDS

TRADITIONAL

DUTIES OF

GOOD LIVING.

-- TO AFFIRM THAT A

PERSON

WILL BE RECOGNIZED

AS A GOOD

LAWYER

ONLY IF

THAT PERSON IS

RESPONSIBLE CITIZEN.

SEVENTH -- REGRETTABLY

-- THE QUESTION

MOST

ANSWERED

TODAY IS:

FOR CLIENTS

IS IT LEGAL?

-- NOT:

BY LAWYERS

IS IT RIGHT?

AS CURRENT EVENTS THROUGHOUT THE WORLD

SHOW -- A LEGALISTIC SOCIETY WHICH IGNORES

ALL VALUES OTHER THAN LAW IS A SOCIETY

ALSO

TRADITIONALLY HAVE

WHICH ULTIMATELY WILL WITHER AWAY AND

DISAPPEAR.

NO STATE CAN LONG SURVIVE IF

ITS PEOPLE

ASSUME

THAT CONDUCT

FORBIDDEN BY LAW IS ACCEPTABLE CONDUCT --

AND A LAWYER

MUST

NEVER

MAKE

ASSUMPTION.

LAW NECESSARILY SHOULD SET

MINIMUM STANDARDS -- BUT NOT THE LOFTIER

GOALS.

LAW CAN BE ONLY THE BOTTOM --

BUT IT MUST NOT BE THE CEILING.

NOT

THAT

THUS LAWYERS IN ADVISING THEIR CLIENTS

MUST CONTINUE

ALWAYS TO CONSIDER

ESSENTIAL ROLE BOTH OF THE LAW

MORALS AND ETHICS.

THE

AND OF

GENERALLY -- LAWYERS

HAVE DONE SO -- AND IN MY OPINION IT IS

ESSENTIAL THAT THEY NEVER CEASE TO DO SO.

LAWYERS

MUST

CONTINUE

TO ASPIRE

HIGHER STANDARDS THAN THE MINIMUM FROM

THOSE CLIENTS THEY COUNSEL.

THE DOMINANT

QUESTION FOR LAWYERS IN COUNSELING THEIR

CLIENTS SHOULD ALWAYS BE:

FOR

IT IS RIGHT?

BEING LEGALLY PERMISSIBLE IS NOT SUFFICIENT

IF THE CONTEMPLATED

RIGHT THING TO DO. IF

ACTION IS NOT THE

LAWYERS DO COUNSEL

THEIR

CLIENTS

TO DO RIGHT

-- AS THEY

TRADITIONALLY HAVE -- LAWYERS AND THEIR

CLIENTS WILL CONTINUE TO DO WELL -- BOTH

FINANCIALLY AND IN ALL OTHER ASPECTS OF

OUR SOCIETY.

TO BE A LAWYER IS A VERY FINE THING --

ALL OF WHICH PLEASES ME GREATLY

AFTER

FORTY-SEVEN YEARS OF MAKING A VERY GOOD

LIVING -- DOING SOMETHING I ALWAYS HAVE

ENJOYED.

I HOPE THAT ALL OF YOU -- OR

MOST OF YOU -- WILL FORTY-SEVEN PLUS

FROM

YEARS

NOW FEEL THE SAME WAY.

(THE END)

MIA3-398754

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 362

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

BEFORE:

HOLLAND

& KNIGHT

1996 SUMMER ASSOCIATES

ATLANTA

PLACE:

HOLLAND

& KNIGHT

ATLANTA

TUESDAY,

JUNE 18, 1996

TIME:

DATE:

REMARKS

OF:

NOON

363

ONE THING IS CLEAR TO ME -- THE UNIQUE

HALLMARK OF THE LEGAL PROFESSION IS -- AND

ALWAYS

HAS BEEN AND WILL BE

-- ITS

COMMITMENT TO PUBLIC SERVICE.

NO OTHER

PROFESSION HAS SO EXTENSIVE A COMMITMENT.

LAWYERS

EVERYWHERE

-- LEGITIMATELY

PROPERLY -- DO SEEK FROM THE PRACTICE OF

LAW WEALTH AND

PERSONAL POWER

-- BUT

THOSE WHO SEEK ONLY THOSE TWO PERSONAL

REWARDS WILL MISS MUCH.

LIKE OTHERS OF

MY TIME

-- I

-- NOT SURPRISINGLY

-- AM

AND

THAT THE EVER-

ACCELERATING ATTENTION OF YOUNG LAWYERS

TO THE MONETARY RETURNS OF LAW PRACTICE

IS HAVING

A DAMPENING

EFFECT

ON THAT

SPIRIT

OF

COMMITMENT

VOLUNTEERISM;

BY LAWYERS

- ON

TO

THE

PRO-BONO

PROFESSIONAL

WHEN I W

WORK.

'AS A YOUNG BEGINNING LAWYER

THAT I KNEW

INCREASINGLY

CONCERNED

-- MOST

LAWYERS

WELL

FOCUSED ALWAYS

TRADITIONAL OBLIGATIONS OF THE ADVOCATE:

THE OBLIGATION OF PUBLIC SERVICE;

THE OBLIGATION OF SERVICE TO THE

PROFESSION;

- THE OBLIGATION

OF IMPROVING

SYSTEM OF JUSTICE.

OUR

ROUTINELY

ON THE

TO ME THAT THE

PRINCIPLE OBLIGATION OF MOST LAWYERS IS TO

BE SUCCESSFUL FINANCIALLY.

THOSE

PERCEIVED

CONCERNS

BURGEONING

OF MINE ABOUT

BOTTOM

MENTATILTY OF LAWYERS -- IF TRUE --

NOT BE EASILY RESOLVED AND

I NOW PUT

THEM ASIDE FOR LATER CONSIDERATION.

FULLY

RECOGNIZING

THE LEGITIMATE

INTEREST

INDIVIDUAL

THAT

LINE

WILL

OF

NOW IT OFTEN

SEEMS

LAWYERS

IN

DOING

WELL

FINANCIALLY -- I UNABASHEDLY OFFER TO YOU

ENTERING

THE

LEGAL

PROFESSION

MY THOUGHTS

ABOUT

OTHER

REWARDS -- OTHER BENEFITS -- ASSOCIATED WITH

BEING A LAWYER.

THOSE REWARDS --

THOSE

BENEFITS

-- HAVE

SHAPED

MY LIFE AS A

LAWYER --

ABOUT THE

FIRST --

AND I WOULD DO IT ALL AGAIN

SAME WAY.

I THINK -- TO BE A GOOD LAWYER

-- A PERSON SHOULD ENJOY UTILIZING CREATIVE

WHO

JUST

ARE

ABILITIES AND IMAGINATION IN THE SOLUTION OF

DIFFICULT

PROBLEMS.

AND CHALLENGE

AS I SEE IT

INTELLECTUAL

-- THE GREATEST

PROFESSIONAL PLEASURE THAT CAN COME TO A

LAWYER

IS TO SEE HARD

THINKING

TRANSLATED INTO FAVORABLE

RESULTS FOR THE

CLIENT.

SECOND --

I BELIEVE

THAT A LAWYER

SHOULD

-- MUST

-- PICTURE

HIMSELF

A RESPECTED

GOOD

OR

HERSELF

ALWAYS

AS

AND

INDEPENDENT PROFESSIONAL

INTEGRITY WHO HAS ESTABLISHED PROFESSIONAL

STANDARDS FOR DECIDING WHAT SHE OR HE

WILL DO -- AND WILL NOT DO -- AS A LAWYER.

A GOOD

LAWYER

NEVER

COMPROMISES

PROFESSIONAL

QUALITY -- STRIVING TO DO THE

BEST WORK POSSIBLE FOR ITS OWN SAKE -- AND

PERSONAL

LAWYER

SATISFACTION.

ALWAYS

MUST

INDEED

BE READY

-- EACH

TO BE

JUDGED BY THE LEGAL PROFESSION -- BY THE

PUBLIC -- AND BY HER OR HIS PEERS -- FOR

-- A PERSON OF

THOSE PROFESSIONAL

WORK QUALITY.

THIRD

-- I CONTEND

THAT A LAWYER

CONTINUOUSLY SHOULD BE

IN THE FOREFRONT

OF THOSE

SEEKING

NEEDED

CHANGES

REFORMS IN LAWS -- IN LEGAL PROCESSES -- IN

THE LEGAL PROFESSION -- AND IN THE SOCIETY.

AN- EXPERIENCED LAWYER WELL KNOWS THAT

ALMOST EVERY MAJOR SOCIETAL OR PUBLIC

ISSUE INVOLVES LAW -- AND HE OR SHE ALSO

OR

DECISIONS

-- AND FOR

THAT A LAWYER

THROUGH LIFE WITH BLINDERS FOCUSING ON

NARROW ISSUES.

A COMMITTED PROFESSIONAL

SHOULD

WORK

AT THE TOTAL

AFFAIRS

LIVING -- ARTS -- SPORTS -- POLITICS -- CURRENT

EVENTS -- COMMUNITY

AND CIVIC AFFAIRS --

CHURCH -- BOOKS -- FIGHTING ALWAYS AGAINST

THE DISEASE OF COMPARTMENTALIZATION.

FOURTH -- I KNOW THAT MANY LAWYERS --

THROUGHOUT

OF

RECOGNIZES

CANNOT

GO

FLORIDA

-- HAVE

ALREADY

SIGNIFICANT ROLES

CIVIL RIGHTS ISSUES.

LEGAL PROFESSION

BUT I REITERATE -- THE

-- AS IT BECOMES

EVER

MORE ORIENTED TO THE BOTTOM LINE -- TRULY

IS UNDERGOING FUNDAMENTAL MODIFICATION.

AS LAW PRACTICES GET LARGER AND LARGER --

AS THE COMPETITION FOR LEGAL BUSINESS GETS

FIERCER

-- AND AS PRESSURES INCREASE TO

ALTERNATIVES

TO

LITIGATION

RESOLVING

DISPUTES

-- I BELIEVE

LAWYERS MUST CONTINUE TO TAKE THE LEAD

FIND

FOR

THAT

PLAYED

IN HUMAN AND

PRO BONO PUBLIC IN THE AREAS OF CIVIL AND

HUMAN RIGHTS -- AND THAT A NUMBER OF

LAWYERS

SIMPLY

ARE NOT DOING

LAWYERS IN THE PAST HAVE RIGHTLY EARNED

A REPUTATION A AA WHOLE FOR SUCH WORK --

TRADITIONALLY

DIFFICULTIES A

THEM

REPRESENTING

IND FEARS

-- REPRESENTING FR

PEOPLE

WITH

THAT OVERWHELM

LEELY AND OFTEN

THOSE

ENMESHED

IN FRIGHTENING

LEGAL

AREAS WHO ARE EITHER UNREPRESENTED OR

WE MUST CONTINUE THAT

THAT.

UNDERREPRESENTED.

A GOOD LAWYER QUICKLY LEARNS

THAT VERY SPECIAL SATISFACTION THAT CAN

WHEN

SHE OR HE DISCHARGES

UNIQUE RESPONSIBILITY OF PROVIDING

HELP TO PEOPLE MOST IN NEED OR

LEGAL

COMPETENT

LEGAL

SERVICES

AT THE TIME OF THEIR

GREATEST VULNERABILITY.

FIFTH -- WHILE PERHAPS

AS AN OBSERVATION

------ A GOOD

LAWYER ABOVE

COME

THE

SMUG

BOTH

TRITE

AND

TRADITION.

ALL MUST

KNOW

-- MUST

THAT IF SHE OR HE --

THEIR PEERS -- WHO HAVE CAST THEIR TOTAL

PROFESSIONAL LOT WITH ADVERSARY SYSTEM OF

JUSTICE -- DO NOT INDIVIDUALLY DISCHARGE

THAT UNIQUE

OBLIGATION

TO MAKE

PROCESSES OF JUSTICE WORK -- NO ONE ELSE --

ANYWHERE

RESPONSIBILITY.

WILL

ACCEPT

THAT

THE COURTS SHOULD DISPENSE

JUSTICE -- BUT EVEN MORE SIGNIFICANTLY --

LAWYERS BEST KNOW THAT THE COURTS MUST

BE PERCEIVED BY CITIZENS EVERYWHERE -- BY

THE

APPRECIATE --

AND

LITIGANTS EVERYWHERE -- TO DISPENSE JUSTICE.

IT IS -- AND LONG HAS BEEN -- AN OBLIGATION

OF A LAWYER TO MAKE THAT PERCEPTION A

REALITY BY FIGHTING ALWAYS TO

ENHANCE

JUDICIAL

AND

LAWYER

EFFICIENCY

COMPETENCY.

LAWYERS MUST CONTINUE

UNCEASING FIGHT.

SIXTH -- ADMITTEDLY

-- WE

AS LAWYERS

ARE

-- AND FOR SOMETIME

HAVE

BEEN

CONCERNED THAT ALL -- OR SOME -- OF THE

AND

THAT

BEST -- THE BRIGHTEST -- THE MOST IDEALISTIC

OF THOSE WHO TYPICALLY IN THE PAST HAVE

ENTERED

THE

LEGAL

PROFESSION

MIGHT

HENCEFORTH CHOOSE OTHER WAYS TO MAKE A

LIVING.

CERTAINLY I KNOW SOME WONDERFUL

YOUNG PEOPLE WHO NOW WEAR BUGLES OTHER

THAN LEGAL PROFESSIONALISM.

PERHAPS IT IS

TIME THAT LEGAL CODES OF ETHICS AND RULES

OF LAWYER CONDUCT MOVE SOMEWHAT CLOSER

REALITY

BY

FREELY

AND

FRANKLY

REQUIRING AN ACKNOWLEDGMENT THAT THOSE

TO

LAWYERS ARE

OBLIGATORY.

WHILE

THE BEST LAWYERS

ALWAYS HAVE RECOGNIZED THAT EARNING A

LIVING

OF

NECESSITY

PREOCCUPATION

-- PERHAPS

IT NOW

WOULD

ATTRACT IDEALISTIC YOUNG PEOPLE AGAINST

THE LEGAL PROFESSION IF THE ORGANIZED BAR

AFFIRMATIVELY ENSURES THAT EACH LAWYER

TIME FOR OTHER

SOURCES

OF SELF-

FULFILLMENT WHILE STILL EARNING THAT VERY

WE MUST CONTINUE -- AS WE

HAS

TO

BE

FINDS

TRADITIONAL

DUTIES OF

GOOD LIVING.

TRADITIONALLY HAVE --

PERSON

WILL BE RECOGNIZED

AS A GOOD

LAWYER

ONLY IF THAT PERSON IS ALSO

RESPONSIBLE CITIZEN.

SEVENTH -- REGRETTABLY -- THE

QUESTION

ANSWERED

FOR CLIENTS BY

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

MOST

TO AFFIRM THAT A

WHICH ULTIMATELY WILL WITHER AWAY AND

DISAPPEAR.

NO STATE CAN LONG SURVIVE IF

ITS PEOPLE

ASSUME

THAT CONDUCT

FORBIDDEN BY LAW IS ACCEPTABLE CONDUCT --

AND A LAWYER

ASSUMPTION.

MUST

NEVER

MAKE

THAT

LAW NECESSARILY SHOULD SET

MINIMUM STANDARDS -- BUT NOT THE LOFTIER

GOALS.

LAW CAN BE ONLY THE BOTTOM --

BUT IT MUST NOT BE THE CEILING.

NOT

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