Speeches by Chesterfield - Vol. XXVII, 418-437. 2001-2003

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CHESTERFIELD SMITH
STEPHEN O'CONNELL'S FUNERAL
BLESSED SACRAMENT CHURCH
TALLAHASSEE, FLORIDA
APRIL 18, 2001
5 MINUTES

CHESTERFIELD SMITH
LAW DAY EVENT
FLORIDA STATE UNIVERSITY
TALLAHASSEE, FLORIDA
MAY 1ST, 2001
5 MINUTES

CHESTERFIELD SMITH
FLORIDA APPLESEED
THE BILTMORE HOTEL
CORAL GABLES, FL
JUNE 18, 2001
5 MINUTES

CHESTERFIELD SMITH
FLORIDA SUPREME COURT
HISTORICAL SOCIETY
THE FLORIDA BAR ANNUAL MEETING
ORLANDO WORLD CENTER MARRIOTT
ORLANDO, FLORIDA
JUNE 21, 2001
8 MINUTES

CHESTERFIELD SMITH
FLORIDA CHAPTER OF
ACTL
THE FLORIDA BAR ANNUAL MEETING
ORLANDO WORLD CENTER MARRIOTT
ORLANDO FLORIDA
JUNE 2, 2001
10 MINUTES

CHESTERFIELD SMITH
H&K 2001.LAW CLERKS
TAMPA, LAKELAND, ST. PETERSBURG
AND ORLANDO
.H&K 24TH FLOOR BOARDROOM
TAMPA, .FLORIDA
JULY 24;(2001
15 MINUTES

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CHESTERFIELD SMITH
H&K 2001 LAW CLERKS
TAMPA, LAKELAND, ST. PETERSBURG
AND ORLANDO
H&K 24TH FLOOR BOARDROOM
TAMPA, FLORIDA
JULY 24, 2001
15 MINUTES

CHESTERFIELD SMITH
NATIONAL LEGAL AID AND DEFENDER
ASSOCIATION
WYNDHAM MIAMI-BISCAYNE
BAY HOTEL
MIAMI, FLORIDA
WEDNESDAY, NOVEMBER 7, 2201
15 MINUTES

CHESTERFIELD SMITH
THE GREATEST CELEBRATION
THE GREATEST GENERATION MY
LIFE LONG AGO AS A SOLDIER
CENTRAL FLORIDA FAIRGROUNDS
ORLANDO, FLORIDA
FRIDAY, NOVEMBER 9, 2001
10 MINUTES

CHESTERFIELD SMITH
PRO BONO INSTITUTE ANNUAL
SEMINAR. RECEIVING THE LAURIE DE.
ZELON AWARD BY JUSTICE GINSBURG
THANKING JUSTICE GINSBURG FOR
PRESENTATION
SUPREME COURT OF THE U.S.
WASHINGTON, D.C.
MARCH 22, 2002
10 MINUTES

CHESTERFIELD SMITH
GRADUATING CLASS
COLLEGE OF LAW
NOVA SOUTHEASTERN UNIVERSITY
WHAT IT MEANS TO BE A GREAT
LAWYER

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#433 REMARKS OFF:

NOVA SOUTHEASTERN UNIVERSITY
SUNDAY, MAY 5, 2002
15 MINUTES

CHESTERFIELD SMITH
LEAGUE OF WOMEN VOTERS
OF FLORIDA
SEPTEMBER 11, 2001 ATTACK, ETC.
EMBASSY SUITES HOTEL
ALTAMONTE SPRINGS, FLORIDA
SATURDAY, MAY 18, 2002
15 MINUTES

CHESTERFIELD SMITH
ACLU FUND OF THE NATIONAL
CAPITAL AREA
RECIPIENT OF THE EDGERTON AWARD
HYATT REGENCY CAPITAL HILL
WASHINGTON, D.C.
WEDNESDAY, MAY 29, 2002
5 MINUTES

CHESTERFIELD SMITH
THE INSTALLATION OF THE
HONORABLE HARRY LEE INSTEAD
OF THE FLORIDA SUPREME COURT
THE FLORIDA SUPREME COURT
TALLAHASSEE, FLORIDA
TUESDAY, JULY 2, 2002
21 MINUTES

CHESTERFIELD SMITH
AMERICAN JUDICATURE SOCIETY
ACCEPTANCE OF 2002 JUSTICE AWARD
RENAISSANCE MIAMI
BISCAYNE BAY HOTEL
FRIDAY, SEPTEMBER 27, 2002

CHESTERFIELD SMITH
THE WELLNESS COMMUNITY GREATER
MIAMI HEART & STAR AWARD DINNER
THE BILTMORE HOTEL
CORAL GABLES, FLORIDA
TUESDAY, NOVEMBER 12, 2002

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CHESTERFIELD SMITH

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IN HONOR OF FLETCHER RUSH (WHO
DIED MONDAY, JANUARY 6, 2003)
THE FIRST UNITED METHODIST
CHURCH, ORLANDO, FLORIDA
EULOGY FUNERAL
CEREMONY OF FLETCHER RUSH
JANUARY 10, 2003
FIVE MINUTES

CHESTERFIELD SMITH
THE FLORIDA BAR
PUBLIC INTEREST SECTION
LUNCHEON
HYATT REGENCY
MIAMI, FLORIDA
THE IMPORTANCE OF THE
PERFORMANCE OF PUBLIC
SERVICE BY FLORIDA LAWYERS
FRIDAY, JANUARY 17, 2003
15 MINUTES

CHESTERFIELD SMITH
FRIENDS OF THE UNIVERSITY OF
MIAMI SCHOOL OF LAW AND
FRIENDS OF DANIEL PEARSON
FACULTY CONFERENCE ROOM-
FOURTH FLOOR, LAW LIBRARY
UNIVERSITY OF MIAMI
PRESENTATION BY THE CENTER FOR
ETHICS AND PUBLIC SERVICE OF THE
UNIVERSITY OF MIAMI
THURSDAY, APRIL 3, 2003
TEN MINUTES

CHESTERFIELD SMITH
FLORIDA IMMIGRANT ADVOCACY
CENTER AWARD DINNER
INTERCONTINENTAL HOTEL
MIAMI, FLORIDA
AWARD ACCEPTANCE SPEECH
TUESDAY, MAY 6, 2003
TWO MINUTES

CHESTERFIELD SMITH
CEREMONIAL SESSION OF THE
SUPREME COURT OF FLORIDA FOR
THE FORMER CHIEF JUSTICE

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LEADER SHAW ORAL HISTORY
PROGRAM
PLACE: THE ORLANDO CITY HALL
ORLANDO, FLORIDA
DATE: FRIDAY, MAY 30, 2003
TIME: SEVEN MINUTES

MIA1 #990459 vl

SPEECHES OF CHESTERFIELD SMITH

SPEECH 418

REMARKS OF:

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CHESTERFIELD SMITH
SENIOR PARTNER
HOLLAND & KNIGHT LLP

ATTENDEES OF STEPHEN C.
O'CONNELL'S FUNERAL

APRIL 18, 2001 (WEDNESDAY)

BLESSED SACRAMENT CHURCH
TALLAHASSEE, FL
10:30 A.M.

DURATION:

4I1

5 MINUTES

MIA1 #1032857 vl

GOVERNOR LEROY COLLINS SAID THAT "STEPHEN

C. O'CONNELL PERSONIFIES WHAT I LIKED TO FIND

IN ALL OUR PEOPLE: A KEEN MIND A LOVE OF

GOD AND COUNTRY STERLING CHARACTER AND

INTEGRITY COMPASSION A RESPECT FOR THE

RIGHTS OF ALL PEOPLE -AND A NEW VISION OF

WHAT OUR STATE COULD BECOME.

ALL THESE

VALUES ARE REFLECTED BY STEVE O'CONNELL WITH

A PERSONALITY OF RARE AND SPARKLING WIT AND

ENDURING CHARM."

GOOD MORNING I CHESTERFIELD SMITH -

CAN THINK OF NO BETTER WORDS TO DESCRIBE A

BETTER PERSON STEVE O'CONNELL MY

WONDERFUL FRIEND MY CONFIDANTE MY

FELLOW LAWYER AND INDISPUTABLY ONE OF

FLORIDA'S GREAT JURISTS.

I AM SINGULARLY

PLEASED TO HONOR WITH YOU TODAY THE

WONDERFUL LIFE OF THE 53RD JUSTICE OF THE

FLORIDA SUPREME COURT CHIEF JUSTICE STEPHEN

O'CONNELL.

YOU AND I QUITE OBVIOUSLY WERE

PRIVILEGED TO HAVE KNOWN SUCH A WONDERFUL

PERSON ONE OF MY LIFETIME BEST FRIENDS.

STEVE O'CONNELL LED A FULL AND HAPPY LIFE -

HE RECEIVED MULTIPLE ACCOLADES UNCEASING

AWARDS AND UNYIELDING HONORS DURING HIS

LIFE IN ALL SEGMENTS OF HIS 85-YEAR LIFE -

AND UNQUESTIONABLY AND INDISPUTABLY HE

EARNED EACH AND EVERY ONE OF THEM.

I AM

VERY HAPPY TO THANK YOU MY DEAR FRIEND -

CINDY -

FOR, AS HIS WIFE, INVITING ME TO

SPEAK ABOUT MY MAGNIFICENT FRIEND.

OF COURSE, I KNEW STEVE IN MANY

CAPACITIES EVEN THOUGH HE WAS 18 MONTHS MY

SENIOR, WE ATTENDED COLLEGE TOGETHER IN 1934.

I COULD SHARE MUCH WITH YOU ABOUT STEVE IN

THOSE 67 INTERVENING YEARS BUT I AM A

LAWYER AND MY LIFE WAS,

IS AND WILL BE

CONTINUING IN THE PRACTICE OF LAW I WILL

THUS SIMPLY SHARE WITH YOU MEMORIES OF

STEVE O'CONNELL AS A FLORIDA SUPREME COURT

JUSTICE AND OH WHAT A JUSTICE HE WAS.

IN 1955, GOVERNOR LEROY COLLINS APPOINTED

STEVE O'CONNELL TO THE FLORIDA SUPREME

COURT.

IT WAS, IN MY OPINION, ONE OF THE

GREATEST ACTS OF ONE OF FLORIDA'S GREAT

GOVERNORS. STEVE SIMPLY AND INDISPUTABLY -

WAS A GREAT SUPREME COURT JUSTICE.

HE WAS

AS A JUSTICE EXACTLY WHAT GOVERNOR COLLINS

SOUGHT.

ON THE SUPREME COURT STEVE O'CONNELL

REPRESENTED THE WORLD WAR II GENERATION

AND A SPIRIT OF REFORM DETERMINED TO CLEAN

UP AND SWEEP UP FLORIDA POLITICS. AS A

JUSTICE STEVE O'CONNELL SOUGHT DECENCY

AND HONESTY.

HE WAS A LOVER OF THE LAW

WITHOUT RESERVATION AS WAS REFLECTED IN

HIS TREMENDOUS NOBLE AND SUCCESSFUL

EFFORTS THEREAFTER TO IMPROVE THE JUSTICE

SYSTEM.

STEVE O'CONNELL'S JUDICIAL EFFORTS WERE

CONCENTRATED ON TWO THINGS WITH RESPECT TO

THE COURT:

FIRST WAS HIS EFFORT TO PROTECT

THE JURISDICTIONAL APPELLATE LINES WHEN

THREE NEW DISTRICT COURTS OF APPEAL WERE

CREATED IN 1957 TO ASSUME A PORTION OF THE

APPELLATE JURISDICTION OF THE STATE COURT

SYSTEM SECOND HIS UNYIELDING WORK ON THE

JUDICIAL COUNCIL OF FLORIDA TO HELP IN THE

CONTINUING REFORM OF THE FLORIDA JUDICIAL

SYSTEM AND TO BRING JUDICIAL AND LEGAL

PROFESSIONALISM TO THE FOREFRONT OF THE

FLORIDA JUSTICE SYSTEM BY SEPARATING THE

COURTS AND THE JUDICIARY FROM POLITICS.

AS AN ASIDE, HE HAD TWO LAWYERS WHO

USED REPEATEDLY IN HIS WORK AS CHAIRMAN

HE

OF

THE JUDICIAL COUNCIL OF FLORIDA TO ACHIEVE

THE JUDICIAL REFORMS AND IMPROVEMENT DURING

HIS 4-YEAR SERVICE ONE JUST A YOUNG AND

ARDENT PENSACOLA LAWYER WHO WAS A MEMBER

OF THE FLORIDA LEGISLATURE REUBEN ASKEW -

AND AN OLDER AND LARGER LAWYER FROM POLK

COUNTY HYPER-ACTIVE IN THE FLORIDA BAR -

CHESTERFIELD SMITH.

RUEBEN AND I TRULY WERE

HIS BOYS THEN NOW AND FOREVER.

EARLY ON STEVE'S MOTTO STEVE'S GOAL -

WAS "TO BE ON THE COURT A GOOD CITIZEN."

HE

WAS HE WAS HE WAS FOR HIS ENTIRE

JUDICIAL LIFE.

ONE OF THE MEMORABLE LETTERS THAT STEVE

O'CONNELL RECEIVED RECENTLY WAS FROM A

DADE CITY LAWYER JOE MCCLAIN DATED

MAY 5, 2000 LESS THAN ONE YEAR AGO.

MCCLAIN SAID THE FOLLOWING:

"WHEN I HAD

ONLY BEEN PRACTICING A SHORT TIME I HAD A

CASE THAT WAS APPEALED TO THE FLORIDA

SUPREME COURT.

LIKE MOST YOUNG LAWYERS

APPEARING BEFORE THAT AUGUST BODY I WAS

ALMOST CONSUMED BY FRIGHT.

WHEN I WENT TO

THE PODIUM WITH KNEES SHAKING I LOOKED UP

AND ONE OF THE JUSTICES SMILED AND WINKED

AT ME.

THAT SMALL GESTURE GAVE ME GREAT

COMFORT AND I MANAGED TO GET THROUGH MY

ORAL ARGUMENT WITHOUT PASSING OUT.

JUSTICE

O'CONNELL YOU WERE THAT JUSTICE AND I

HAVE NEVER FORGOTTEN THAT ACT OF KINDNESS

THROUGHOUT MY CAREER. "

STEVE O'CONNELL LED BY EXAMPLE ON THE

SUPREME COURT HE EXHIBITED HIS GOODNESS -

HIS KINDNESS HIS PROFESSIONALISM AND HIS

WISDOM AT ALL TIMES TO ALL PEOPLE -

EVERYWHERE.

HE PROFOUNDLY IMPACTED THE

LIVES OF YOUNG LAWYERS SENIOR LAWYERS -

AND MIDDLE LAWYERS STUDENTS OTHER

JUSTICES AND FRIENDS AND FRIENDS AND

LIKE MYSELF AND THOUSANDS OF OTHERS. HE

WAS REVERED ON THE SUPREME COURT BY EACH

OF HIS FELLOW JUSTICES FOR HIS COMMITMENT

AND FIRM DEVOTION ALWAYS TO THE RULE OF

LAW AND ITS PRINCIPLES.

A FELLOW JUSTICE CHIEF JUSTICE CAMPBELL

THORNAL ONCE SAID:

"STEVE O'CONNELL

AN ABIDING FAITH IN THE RULE OF LAW AS THE

ULTIMATE ARBITER BETWEEN RIGHT AND WRONG.

HE INSISTED THAT INEFFICIENCY IN THE

ADMINISTRATION OF THE JUDICIAL PROCESS

TENDED TO CORRUPT THE LAW AS A CANON OF

TRUTH.

IN HIS VIEW IT GENERATES PUBLIC

SUSPICIONS OF THE VERY FOUNDATION OF

HIS DECISIONS WERE COMPLETELY

HAD

GOVERNMENT.

HE LISTENED COURTEOUSLY TO

DISAGREEMENT WITH HIS VIEW BUT WHEN

CONVINCED THAT HE [WAS] RIGHT HE CLUNG TO

HIS POSITION WITH THE TENACITY THAT TYPIFIES

HIS IRISH FOREBEARS."

STEVE O'CONNELL WAS NONPAREIL IN

CHARACTER COMMITMENT PRINCIPLE AND

EXAMPLE.

YOU AND I ARE AMONG THE MILLIONS

OF FLORIDIANS WHO WERE FORTUNATE TO HAVE

SHARED IN HIS LIFE.

OUR LIVES THE FLORIDA

COURT SYSTEM OUR LAW OUR GREAT STATE

OF FLORIDA ARE ALL BETTER BECAUSE OF

I AM HONORED TO HAVE

IMPERSONAL.

STEVE O'CONNELL.

KNOWN STEVE SO WELL FOR SO LONG.

KNOW HOW LUCKY AND WONDERFUL IT WAS FOR

STEVE TO HAVE SHARED HIS LIFE HIS LOVE -

HIS GOALS AND ASPIRATIONS TOO WITH HIS

WONDERFUL WIFE CINDY. SHE WILL

GOODBYE GREAT CHIEF JUSTICE

CARRY

ON.

- GOODBYE.

THE END

I ALSO

SPEECHES OF CHESTERFIELD SMITH

SPEECH 419

REMARKS OF:

BEFORE:

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CHESTERFIELD SMITH
SENIOR PARTNER
HOLLAND & KNIGHT LLP

LAW DAY EVENT

MAY 1, 2001

UNIVERSITY CENTER, FLORIDA STATE
UNIVERSITY
TALLAHASSEE, FL
5:00 TO 9:00 P.M.

DURATION:

5 MINUTES

MIA1 #1032974 vl

I CHESTERFIELD SMITH WAS BORN

LONG AGO IN ARCADIA FLORIDA AS WAS MY

FIRST COUSIN PRESENT HERE TODAY LT.

COLONEL RICHARD MCSWAIN SMITH ALSO BORN IN

ARCADIA FLORIDA ABOUT FIVE YEARS AFTER I

PERSONALLY HAD COME INTO THIS WORLD. YOUNG

RICHARD SMITH HAD ALSO THREE OLDER

BROTHERS HAROLD SMITH MY EXACT AGE -

GEORGE SMITH FOUR YEARS OLDER THAN ME -

AND RUPERT SMITH, JR. SIX YEARS OLDER THAN

ME AND ALSO AS HIS PARENTS MY DYNAMIC

UNCLE RUPERT SMITH AND MY WONDERFUL AUNT

KATE ALL OF WHOM TOGETHER MADE UP THE

HELLO!

MOST DOMINANT RELATIVE GROUP IN THE SMITH

FAMILY.

SO I AM VERY HONORED TO BE HERE

TO JOIN ALL OF YOU IN HONORING MY COUSIN -

LT. COLONEL RICHARD SMITH AND HIS WIFE

MADELINE. I ALSO AM HONORED TO PARTICIPATE

IN ANY OCCASION INVOLVING THE DELIVERY OF

LEGAL SERVICES BY LEGAL SERVICES OF NORTH

FLORIDA, INC. WHICH IS AND LONG HAS BEEN -

QUITE CLEARLY A SPECIAL LEGAL ORGANIZATION

WHICH HAS SERVED AND CONTINUES TO SERVE

LEGALLY A VERY UNDERPRIVILEGED SEGMENT OF

OUR POPULATION IN THIS PARTICULAR GEOGRAPHIC

AREA. I SAY TODAY: IT IS MY STRONG BELIEF

THAT ANY PROGRAM OF LEGAL SERVICES OF

NORTH FLORIDA, INC. IS WORTHY AND DESERVING

OF THE SUPPORT OF ALL LAWYERS IN THIS AREA-

- AND I OF COURSE AM ESPECIALLY PROUD AND

PLEASED TO BE HERE WHEN THAT EVENT BY

SURPRISE IS FOR LEGAL SERVICES OF NORTH

FLORIDA, INC. TO HONOR AND TO CELEBRATE THE

SUCCESS AND ACCOMPLISHMENTS OF MY LAWYER -

DEAR FRIEND FIRST COUSIN COLONEL

RICHARD MCSWAIN SMITH.

THERE IS NOT ANYONE

IN THE SMITH FAMILY SO DESERVING OF AN

AWARD FOR PERFORMING DISTINGUISHED PRO

BONO LEGAL SERVICES THAN IS HE.

RICHARD MCSWAIN SMITH BORN FIVE YEARS

AFTER HIS BROTHER HAROLD STANHOPE SMITH

AND I WERE IN 1917 THIRTY DAYS APART AND

FOREVER THEREAFTER RICHARD WAS THE YOUNG

BOY TO HAROLD AND ME HAROLD WHO WAS

ABOUT EXACTLY MY AGE AND WHO SERVED AS

A LONGTIME FLORIDA CIRCUIT JUDGE AND

RICHARD PRACTICED LAW TOGETHER FOR YEARS IN

COLLIER COUNTY HAVING OFFICES IN BOTH

EVERGLADES CITY AND NAPLES.

THE THREE OF US

GRADUATED TOGETHER IN JUNE, 1948 FROM THE

UNIVERSITY OF FLORIDA LAW SCHOOL. WE ALL

IMMEDIATELY LOVED THE LAW. HOWEVER THE

VERY PATRIOTIC AND LOYAL AMERICAN THAT

RICHARD WAS LED HIM TO LOVE THE LAW AND TO

RETURN TO THE U. S. AIR FORCE DURING THE

KOREAN WAR AND HE LATER CONCLUDED TO

REMAIN IN THE U. S. AIR FORCE FOR A TOTAL OF

ABOUT 27 YEARS RETIRING TO TALLAHASSEE

ABOUT 15 YEARS AGO. I LIKE HIM NOW I LIKED

HIM THEN I HAVE ALWAYS LIKED HIM AS MUCH

AS I LIKE ANY MALE AMERICAN -EXCEPT FOR

THOSE TWO HERE TODAY WHO ARE ALSO LIKE ME

CALLED CHESTERFIELD.

TO MY KNOWLEDGE AND GRATITUDE RICHARD

SMITH HAS DEDICATED FOR MANY YEARS

SIGNIFICANT AND VALUABLE TIME AND EFFORT TO

HELPING LEGALLY THOSE LESS FORTUNATE THAN

HE SPENDING COUNTLESS HOURS HELPING

LEGALLY THE POOR AND THE ELDERLY.

IT IS

VERY DESERVING- THAT LEGAL SERVICES OF

NORTH FLORIDA, INC. IS ESTABLISHING THE "LT.

COLONEL RICHARD M. SMITH AWARD" IN HIS

HONOR FOR THOSE VOLUNTEERS WHO AFTER HIM

HAVE DEMONSTRATED LOCALLY SIGNIFICANT PRO

BONO WORK DURING THEIR LEGAL CAREER.

IT IS BECAUSE OF THE PERSONAL AND

PROFESSIONAL COMMITMENT OF LAWYERS LIKE

RICHARD SMITH AND HIS FREE PUBLIC LEGAL

SERVICE THAT SUCH LEGAL PROGRAMS ARE

ONGOING TODAY WITH THE UNYIELDING AND

ESSENTIAL BENEFITS WHICH FLOW TO THOSE

INDIGENT CLIENTS SO SERVED.

I MUST SAY THAT THIS PRO BONO AWARD IS

NOT THE FIRST SIGNIFICANT RECOGNITION RICHARD

MCSWAIN SMITH HAS RECEIVED BECAUSE OF HIS

PRO BONO SERVICE.

IN 1989 HE ALSO RECEIVED

THE FLORIDA BAR PRESIDENT'S PRO BONO SERVICE

AWARD IN THE 2D JUDICIAL CIRCUIT.

OF COURSE I AM PLEASED AND PROUD OF MY

COUSIN HE IS MY SMITH MALE COUSIN STILL

ALIVE FIRST IN ALMOST ANY WAY THAT I CAN

ENUMERATE MY DEAR FIRST FRIEND COUSIN

FROM ARCADIA AND TALLAHASSEE LT. COLONEL

RICHARD MCSWAIN SMITH.

HE HAS LIVED HIS

VERY FULL LIFE I HAVE SEEN MOST OF IT AS

AN EXAMPLE OF A DEDICATED LAWYER.

CONGRATULATIONS RICHARD MCSWAIN SMITH -

YOUR SMITH

VERY PROUD

FAMILY IS PROUD OF YOU VERY -

OF YOU!

SPEECHES OF CHESTERFIELD SMITH

SPEECH 420

REMARKS OF:

BEFORE:

DATE:

PLACE:

CHESTERFIELD SMITH
SENIOR PARTNER
HOLLAND & KNIGHT LLP

FLORIDA APPLESEED

MONDAY, JUNE 18, 2001, 6:30 P.M.

THE BILTMORE HOTEL
CORAL GABLES

DURATION:

kcyo

5 MINUTES

MIA1 #1049231 vl

I AM CHESTERFIELD SMITH.

IMPORTANTLY I ALSO AM A PROUD MEMBER AND

SUPPORTER OF THE FLORIDA APPLESEED

FOUNDATION.

I AM VERY PLEASED THAT THE

APPLESEED FOUNDATION HAS ASKED ME TO SHARE

MY THOUGHTS WITH YOU HOW LAWYERS -

ESPECIALLY YOUNG LAWYERS CAN GET EVERMORE

INVOLVED IN PRO BONO ADVOCACY ESPECIALLY

WITH APPLESEED.

I HAVE BEEN A LAWYER FOR WELL OVER 50

YEARS.

FOR MUCH OF THAT TIME I OFTEN

HAVE BEEN EXTENSIVELY INVOLVED IN PUBLIC LAW

INTEREST LAW ADVOCACY.

HELLO!

ALTHOUGH PUBLIC

INTEREST LAW ADVOCACY USUALLY LACKS

PERSONAL FINANCIAL REWARD THE PERSONAL

REWARDS OF HAVING BEEN INVOLVED IN

REPRESENTING ANOTHER PERSON WHO REALLY

NEEDS LEGAL HELP OR SUPPORTING VIGOROUSLY

A GOOD PUBLIC CAUSE IS INFINITELY BOUNDLESS.

FOR ME THE TIMES THAT I HAVE BEEN ABLE

AS A LAWYER TO HELP SOMEONE ELSE PRO BONO

HAVE BEEN EXTRAORDINARILY PERSONALLY

PLEASING.

UNEQUIVOCALLY PUBLIC INTEREST ADVOCACY

HAS HELPED SHAPE BENEFICIALLY MY LEGAL LIFE

- AND IT CAN DO THE SAME FOR EACH YOU -

WITH SPECIAL EMPHASIS ON THE YOUNGER

LAWYERS.

IT IS THE SINCERE HOPE OF BOTH

THE APPLESEED FOUNDATION AND ME THAT MORE

OF OUR YOUNG LAWYERS WILL GET HEAVIER AND

HEAVIER INVOLVED IN PUBLIC INTEREST LEGAL

ADVOCACY.

AS A LAWYER I HAVE ALWAYS BELIEVED

THAT GOOD LAWYERS OUGHT TO ADVOCATE

PUBLICLY THINGS THAT THEY KNOW MOST ABOUT

AND THINGS IN WHICH THEY PERSONALLY

FAVORABLY BELIEVE.

SIMPLY BECAUSE YOU ARE

HERE I CONSIDER EACH OF YOU TO BE A GOOD

PERSON A GOOD CITIZEN AND A LAWYER IN

STRONGLY BELIEVE THAT YOU WILL OVER TIME

GET MORE AND MORE INVOLVED IN PUBLIC

INTEREST LAW.

HOW? THERE ARE MANY WAYS!

ONE WAY IS TO BECOME FULL TIME.

OF

COURSE SUCH OPPORTUNITIES ARE AVAILABLE IN

THE NUMEROUS PUBLIC INTEREST ORGANIZATIONS

THAT CURRENTLY EXIST BUT GENERALLY THE

QUESTION OF A LIVABLE INCOME BECOMES AN

EVER HEAVIER PROBLEM FOR LAWYERS WHO DO A

GREAT AMOUNT OF PRO BONO WORK.

ANOTHER WAY IS TO SIMPLY DEVOTE SOME OF

YOUR TIME PART OF YOUR TIME TO

ADVOCATING A PARTICULAR CAUSE OR CLIENT -

WHETHER YOU WORK OTHERWISE AS A PRACTICING

LAWYER FOR COMPENSATION OR NOT.

YOU CAN ALSO BE A PUBLIC INTEREST LAWYER

EVEN THOUGH YOU WORK FULL TIME AT A

LAW FIRM FOR A SALA

ALLOW ENCOURAGE

MOST LAW FIRMS

AND AT LEAST PARTIALLY

COMPENSATE THEIR YOUNG LAWYERS FOR

DEVOTING AND VOLUNTEERING SOME OF THEIR

TIME TO THE MANY GOOD LEGAL CAUSES THAT

EXIST IN OUR CONTENTIOUS SOCIETY AND THAT

ALWAYS NEED TALENTED LAWYERS TO HELP PUSH

THAT CAUSE JUST OR UNJUST.

YOU MAY OF COURSE BELIEVE THAT YOU ARE

NOT THE TYPE OF LAWYER WHO FEELS

COMFORTABLE ADVOCATING IN TRYING CASES -

WELL YOU COULD THEN DECIDE TO RESEARCH

ON AN ISSUE FOR LITIGATORS OR IN WRITING FOR

THE ADVOCATES ABOUT THE WORTHINESS OF A

PARTICULAR CASE OR CAUSE.

PUBLIC INTEREST ADVOCACY ALSO ALWAYS

NEEDS YOUNG LAWYERS AND OLD LAWYERS WHO

ARE TALENTED IN RAISING FUNDS TO SUPPORT A

PARTICULAR CAUSE OR TO ADVOCATE A LEGAL

POSITION ON BEHALF OF A PARTICULAR GROUP OF

PERSONS IN FACT NO PERSONAL CONTRIBUTION

IS MORE IMPORTANT TO PUBLIC INTEREST LAW

THAN FUNDRAISING.

SIMPLY PUT SO MANY WAYS AND MEANS

EXIST FOR EACH OF US TO BE DOERS AND GO-

GETTERS SUPPORTING PUBLIC INTEREST ADVOCACY

THAT OUR ONLY DIFFICULTY IS DECIDING WHAT

ROLE SUITS US BEST.

IT JUST TAKES AN

UNYIELDING WILLINGNESS TO HELP LEGALLY THOSE

LESS FORTUNATE BY PARTICIPATION IN THOSE

ENDLESS AND INNUMERABLE CAUSES THAT ARE SO

OFTEN UNDERFUNDED AND OVERLOOKED.

FOR THOSE OF US WHO HAVE BEEN

FORTUNATE ENOUGH TO BECOME LAWYERS I

BELIEVE THAT IT IS OUR UNYIELDING OBLIGATION -

INDEED OUR NEVER-ENDING CIVIC AND

PROFESSIONAL DUTY AS PRIVATE CITIZENS WHO

HAPPEN TO BE TRIAL LAWYERS TO CONTRIBUTE

TIME AND MONEY AND EFFORT TO HELP OTHERS

IN OUR COURT SYSTEM.

I SAY TO EACH OF YOU

- COMMIT YOURSELF ALWAYS TO HELP OTHERS -

CHOOSE YOUR CAUSE THEN JUST DO IT -

FOREVER AND FOREVER! PRO BONO PUBLIC -

FOR THE PUBLIC GOOD.

THANK YOU.

SPEECHES OF CHESTERFIELD SMITH

SPEECH 421

REMARKS OF:

BEFORE:

DATE:

PLACE:

CHESTERFIELD SMITH
SENIOR PARTNER
HOLLAND & KNIGHT LLP

FLORIDA SUPREME COURT HISTORICAL
SOCIETY
THE FLORIDA BAR ANNUAL MEETING

THURSDAY, JUNE 21, 2001

ORLANDO WORLD CENTER MARRIOTT
ORLANDO, FLORIDA

8 MINUTES

'4
-V

DURATION:

MIA1 #1045742 vl

KNOWING EVEN LOVING NANCY DOBSON

LONG AND AS MUCH AS I HAVE IT'S HARD TO

SAY ONLY

A FEW WORDS ABOUT HER IT'S HARD

TO DEFINE HER GREATNESS AT THE FLORIDA

SUPREME COURT HISTORICAL SOCIETY INDEED -

IT'S HARD JUST TO

SAY A FEW WORDS ABOUT

NANCY DOBSON'S INTERESTS AND EXPERIENCES

SINCE THEY ARE UNCEASING UNYIELDING -

UNEQUALED AND UNFLAPPABLE. SHE AS THE

ONE INDIVIDUAL MOST COMPETENT TO ME IN THE

WORK OF OUR SOCIETY REPRESENTS FAR FAR

- TOO MANY THINGS DOES FAR FAR TOO

MUCH.

AS

IMMEDIATELY OF COURSE A FEW THINGS

COME TO MIND ABOUT NANCY DOBSON.

SHE IS

DEVOTED TO DETAIL SHE HAS UNFAILING

COURTESY AND KINDNESS SHE KNOWS HOW TO

NAVIGATE AROUND AND MANAGE GIGANTIC

EGOS SHE LOVES HISTORICAL MINUTIA AND

SHE IS AN AVID TRAVELER.

MOST OF ALL SHE

IS A DEVOTED WIFE OF A HUSBAND SHE LOVES -

JACK DOBSON AND A HALLOWED -

CONSCIENTIOUS AND UNYIELDING MOTHER AND A

LOVELY STILL YOUNG AND VERY ATTRACTIVE

WOMAN TO OLD MEN LIKE BOB ERVIN MARK

HULSEY RUSSELL TROUTMAN REECE SMITH -

DEXTER DOUGLAS LEWIS HALL AND ME AND

DARN IT MULTIPLE MULTIPLE OTHERS.

OF COURSE I HAVE THOUGHT LONG AND

HARD ABOUT WHAT ONE WORD MAY

BEST

DESCRIBE NANCY DOBSON TO THE "T"

- HOW BEST

CAN I IN A FEW MINUTES SHOW EVERYONE HERE

JUST HOW REMARKABLE LIFE EXPERIENCE IT IS TO

WORK ON A PROJECT WITH NANCY DOBSON -

LIKE A HISTORICAL SOCIETY.

WHAT ONE WORD

COULD SUM HER UP AFTER THE CLOSE AND

UNYIELDING LONG FRIENDSHIP BETWEEN NANCY

DOBSON AND ME.

AFTER MUCH CONSIDERATION I CAME UP

WITH WHAT I FELT WAS THE ONE BEST WORD:

PRESERVATIONIST.

BUT THEN -

UNFORTUNATELY -

WHEN I LOOKED UP THE WORD "PRESERVATIONIST"

IN THE DICTIONARY IT READS: "ONE WHO

ADVOCATES -

AND ADVOCATES UNYIELDINGLY -

PRESERVATION." STILL IT MAY BE THE BEST

WORD.

IN MY MANY YEARS OF KNOWING NANCY

DOBSON SHE UNEQUIVOCALLY HAS PRESERVED

MANY PROBABLY MORE VERY HISTORICAL AND

SPECIAL THINGS IN OUR WONDERFUL STATE THAN

ANY OTHER FLORIDIAN.

YOU AND I KNOW HER WELL AND BEST OF

COURSE AS A PRESERVATIONIST OF OUR SUPREME

COURT.

SHE HAS DEDICATED ABOUT 15

WONDERFUL AND TIRESOME YEARS SOMETIMES

EXCITING BUT MOST OFTEN BORING YEARS -

TO PRESERVING ITS HISTORY AND IMPORTANTLY

THAT OF THE JUSTICES OF THE FLORIDA SUPREME

COURT.

PERHAPS EVEN PROBABLY SHE DID

THIS PRIMARILY BECAUSE OF HER LOVE AND

COMMITMENT TO THE FLORIDA SUPREME COURT AS

AN ENTITY.

NEVERTHELESS AFTER MANY

PERSONAL ENCOUNTERS WITH HER I SIMPLY

HAVE CONCLUDED THAT I DO NOT KNOW WHAT

MAKES NANCY DOBSON DO WHAT SHE HAS DONE -

OR WHAT I NOW BELIEVE THAT SHE WILL ALWAYS

DO RETIRED OR NOT.

YOU MAY ALSO KNOW NANCY DOBSON AS A

PRESERVATIONIST FOR THE CITY OF TALLAHASSEE.

SHE HAS SPENT YEARS PRESERVING THE HISTORY

OF TALLAHASSEE LEON COUNTY THE UNION

BANK NOW KNOWN AS THE AFRICAN-AMERICAN

BANK THE TALLAHASSEE STREETS THE

CULTURAL CONSERVATION DISTRICTS THE OLD

FLORIDA STATE CAPITOL BUILDING SIMPLY PUT -

BOTH THE EXTREMELY RICH

SHE HAS PRESERVED

HISTORY OF TALLAHASSEE OUR STATE'S CAPITAL

- AND OUR STATE JUSTICE SYSTEM.

PERHAPS YOU BEST KNOW NANCY DOBSON AS

A PRESERVATIONIST FOR THE ENVIRONMENT.

NANCY DOBSON HAS SPENT PRECIOUS AND

VALUABLE TIE I GETTING THE ENVIRONMENTAL

ORDINANCES OF LEON COUNTY ADOPTED.

FOR HER

WONDERFUL WORKS SHE WAS QUITE

UNDERSTANDABLY LATER APPOINTED BY THE LEON

COUNTY COMMISSION TO SERVE ON THE

ENVIRONMENTAL AWARDS COMMITTEE.

NANCY DOBSON HAS ALSO BEEN EVEN MORE A

PRESERVATIONIST OF THE RICH DIVERSE HISTORY

OF HER HOME TOWN TALLAHASSEE.

EXAMPLE SHE DEDICATED

ABOUT 5 YEARS OF

HER LIFE TO PRESERVE THE JOHN G. RILEY

HOUSE ONE OF THE FEW HOMES BUILT IN THE

19TH CENTURY BY A BLACK MAN AS HIS HOME -

ON THE NATIONAL REGISTER OF HISTORIC PLACES.

THIS FLORIDA SUPREME COURT HISTORICAL

SOCIETY BREAKFAST IN HONOR OF NANCY DOBSON

IS OF COURSE SO VERY BEFITTING.

AT BEST IT

IS ONLY A VERY SMALL THANK YOU FOR THE

TREMENDOUS TIME EFFORT AND LOVE THAT

NANCY DOBSON HAS GIVEN ALL OF US YOU -

FOR

ME TALLAHASSEE THE FLORIDA SUPREME

COURT -

OUR SOCIETY.

SHE ALSO PRESERVED THE ORIGINAL

PORTRAITS OF THE ANCIENT JUSTICES OF THE

SUPREME COURT HANGING IN THE OLD CAPITOL

BUILDING AND THE REPRODUCTIONS THEREOF

HANGING IN THE SUPREME COURT CHAMBERS -

SHE STARTED AND CONTINUED THE ORAL HISTORY

PROGRAMS OF DECEASED JUSTICES THERE HAVE

BEEN 18 ORAL HISTORY PROGRAMS TO DATE.

PERHAPS MOST DIFFICULT OF ALL WAS THE

ORIGINAL INSTITUTION OF THE FLORIDA SUPREME

COURT HISTORICAL SOCIETY. SHE WAS ITS SECOND

PRESIDENT SERVING FROM 1984 TO 1986. ALTHOUGH

BOB ERVIN HELPED HER A LOT SHE ALMOST

ALONE ESTABLISHED THE WRITTEN "HISTORY OF

THE SUPREME COURT." SHE AND BOB ERVIN

TOGETHER CAME UP WITH WALTER MANLEY, JR. -

WHOSE WORK AS AUTHOR OF VOLUME ONE IN MY

JUDGMENT COULD NOT HAVE BEEN IMPROVED.

NANCY DOBSON OF COURSE CONTINUOUSLY HELPED

WALTER MANLEY ASSEMBLE THE NECESSARY

MATERIALS AND THEY ARE EVEN NOW WORKING

ON THE REMAINING NEEDED MATERIALS FOR THE

ADDITIONAL VOLUMES TO BRING THE WRITTEN

SUPREME COURT HISTORY TO DATE. I AM CERTAIN

THAT NANCY DOBSON IS STILL NOW HELPING

WALTER MANLEY AND I BELIEVE THAT SHE WILL

HELP HIM UNTIL SHE LEAVES US AND THIS WORLD

FOREVER.

THANK YOU NANCY DOBSON YOU WILL BE

ALWAYS MISSED YOU WILL NEVER BE REPLACED

- YOU ALWAYS WILL BE OUR "PRESERVATIONIST!!!" -

YOU WILL ALWAYS BE OUR VOLUNTEER.

AND ALWAYS ALL OF US WILL ADORE AND

LOVE YOU.

I PLEDGE IT FOR ME I PLEDGE IT

FOR THE OTHERS HERE TODAY WHO LOOK AT YOU

NOW WITH A SMILING FACE AND A WARM AND

TINGLING HEART. LOVELY WONDERFUL -

NONPAREIL NANCY DOBSON ALWAYS WE WILL

REMEMBER THE UNMATCHED AND THE UNEQUAL.

GOODBYE DEAREST ONE. GOODBYE TO THE

"PRESERVATIONIST."

(THE END)

SPEECHES OF CHESTERFIELD SMITH

SPEECH 422

REMARKS OF:

BEFORE:

DATE:

PLACE:

CHESTERFIELD SMITH
SENIOR PARTNER
HOLLAND & KNIGHT LLP
MIAMI, FLORIDA

FLORIDA CHAPTER
AMERICAN COLLEGE OF TRIAL LAWYERS

FRIDAY, JUNE 22, 2001

THE FLORIDA BAR ANNUAL MEETING
ORLANDO WORLD CENTER MARRIOTT
ORLANDO, FLORIDA

10 MINUTES

DURATION:

"PRINCIPLES TO BE FOLLOWED BY FELLOWS
OF THE AMERICAN COLLEGE
OF TRIAL LAWYERS"

FOR MANY, MANY YEARS, I HAVE CONSIDERED IT A

PERSONAL HONOR AND PRIVILEGE TO BE A FELLOW OF

THE AMERICAN COLLEGE OF TRIAL LAWYERS. AS

HONORED TRIAL LAWYERS EACH OF US OWE A UNIQUE

RESPONSIBILITY TO THE LEGAL PROFESSION AND TO

OUR CLIENTS. WE ARE NOT ONLY LAWYERS WE OFTEN

ARE ALSO THEIR CAREFULLY SELECTED PERSONAL

ADVOCATES.

AS FELLOWS OF THE AMERICAN COLLEGE OF

TRIAL LAWYERS WE MY SISTER AND BROTHER

FELLOWS HAVE ALWAYS GOVERNED OURSELVES

CAREFULLY AND ETHICALLY IN THE PRACTICE OF LAW

- AND SO IT IS THAT WE ARE TONIGHT SITTING -

LISTENING AND DRINKING AMONGST A SELECT

GROUP OF PEER TRIAL LAWYERS WHO TOO HAVE BEEN

RECOGNIZED FOR THEIR OUTSTANDING CONTRIBUTIONS

TO THE LEGAL PROFESSION THE JUDICIAL SECTOR

AND THE PUBLIC BOTH AS LAWYERS AND AS

ADVOCATES.

A LAWYER OF COURSE IS AN OFFICER OF THE

PUBLIC LEGAL SYSTEM AND ALSO A PUBLIC CITIZEN

HAVING A SPECIAL RESPONSIBILITY IN THE QUEST FOR

JUSTICE. A LAWYER'S DUTIES EXTEND FAR BEYOND HIS

OR HER CLIENT: FIRST TO THE ENTIRE JUSTICE SYSTEM

- AND SECOND TO THE PUBLIC INTEREST. FIRST A

LAWYER IS AN "OFFICER OF THE COURT" WHO BY THAT

VERY DEFINITION AT A MINIMUM IS A PARTICIPANT A

SEMI-OFFICIAL PARTICIPANT IN THE PUBLIC

ADMINISTRATION OF JUSTICE.

SECOND THE LAWYER AS AN ADVOCATE IS QUITE

DIFFERENT TRAINED IN LOGIC TRAINED IN THE

TECHNICAL RULES AND TRAINED IN THE HISTORICAL

COURT PRECEDENTS. THE LAWYER AS AN ADVOCATE

FOCUSES ALMOST ENTIRELY ON A PARTICULAR SET OF

FACTS AND FAIRLY AND ETHICALLY ORGANIZES AND

PRESENTS THOSE FACTS IN FURTHERANCE OF A CLIENT'S

PARTICULAR GOALS.

THUS THESE DUAL ROLES ADVOCATE AND PUBLIC

OFFICIAL CAN AND OFTEN DO COME INTO CONFLICT -

- PARTICULARLY FOR THOSE WHO ARE BOTH LAWYERS BY

PROFESSION AND ADVOCATES BY CHOICE. AS A SENIOR

MEMBER OF ONE OF AMERICA'S LARGE LAW FIRMS IT IS

QUITE COMMON NOW FOR MANY OF MY FIRM'S

LAWYERS AFTER BEING SWORN IN AS A LAWYER TO

NEVER AGAIN STEP INTO THE COURTROOM IN BEHALF OF

A CLIENT NOT EVEN ONCE. NEVER NEVER HAVE THEY

ONCE SAID: "MAY IT PLEASE THE COURT" OR "MAY I

APPROACH THE BENCH." AS FELLOWS OF THE AMERICAN

COLLEGE OF TRIAL LAWYERS HOWEVER -THOSE OF US

HERE TONIGHT EACH OF US LONG AGO HAVE CHOSEN

TO BE BOTH ADVOCATES AND LAWYERS.

THE DUAL ROLE THAT WE AS FELLOWS OF THE

AMERICAN COLLEGE OF TRIAL LAWYERS PLAY IN

PARTICULAR MUST THUS BE EVER PRESENT IN OUR

MINDS. BOTH THE LAWYER AND THE PUBLIC MUST

ALWAYS BE CONFIDENT THAT IT IS THE LAWYER'S ROLE AS

OFFICER OF THE COURT WHICH WILL ALWAYS "TRUMP"

THE ADVOCATE'S ROLE BOTH IN PRINCIPLE AND IN

ACTUAL PRACTICE. NEVERTHELESS THE ADVOCATE'S

ROLE REMAINS EXTREMELY IMPORTANT TO OUR JUSTICE

SYSTEM AND MOST IMPORTANT TO OUR CLIENTS.

IT IS FOR THESE REASONS THAT I TONIGHT PUFFILY

PONTIFICATE TO EXPERIENCED AND EXPERT TRIAL

LAWYERS THAT BEFORE UNDERTAKING AN ADVERSARIAL

REPRESENTATION IN LITIGATION ALWAYS MAKE BOTH

POTENTIAL AND ACTUAL CLIENTS AWARE IN ADVANCE

THAT LAWYERS ABOVE ALL ELSE UNIQUELY OWE THE

JUSTICE SYSTEM ALWAYS PERSONAL DIGNITY -

INTEGRITY INDEPENDENCE AND RESPECT.

* AS BOTH LAWYERS AND ADVOCATES WE OF COURSE

SHOULD ALWAYS ENDEAVOR TO ACHIEVE THE CLIENT'S

LAWFUL OBJECTIVES IN LITIGATION AS QUICKLY AND

ECONOMICALLY AS POSSIBLE. IN THAT REGARD WE

MUST ADVISE THE CLIENT REGARDING THE

AVAILABILITY OF MEDIATION AND OTHER ALTERNATIVE

METHODS WHICH MAY SOMETIMES RESOLVE DISPUTES

EVEN MORE QUICKLY AND ECONOMICALLY THAN A

TRIAL. WE MUST ALSO ENSURE THAT ALL LITIGANTS

HAVE UNFAILING ACCESS TO COMPETENT LEGAL

REPRESENTATION REGARDLESS OF WEALTH OR

POSITION IN LIFE.

* WE OWE TO ADVERSE PARTIES AND WITNESSES

COURTESY FAIRNESS AND DUE CONSIDERATION. WE

CANNOT ENGAGE IN ABUSIVE OR OFFENSIVE CONDUCT -

AND WE CANNOT ACQUIESCE TO THE CLIENT'S

DEMAND TO DO SO. WE MUST ADVISE THE CLIENT THAT

ACTIONS WHICH ARE WITHOUT MERIT OR WHICH ARE

INTENDED PRIMARILY TO HARASS OR DRAIN THE

FINANCIAL RESOURCES OF THE OPPOSING PARTY OR

WHICH ARE INTENDED PRIMARILY FOR DELAY WILL

NOT BE PURSUED BY US. WE OWE TO OPPOSING

COUNSEL COURTESY REASONABLE COOPERATION -

AND SCRUPULOUS OBSERVANCE OF ALL AGREEMENTS

AND MUTUAL UNDERSTANDINGS.

* WE SHOULD BE COURTEOUS AND PROMPT OVER

MATTERS OF FORM OR STYLE CONCENTRATING ONLY

ON MATTERS OF SUBSTANCE.

* WE MUST AGREE TO REASONABLE REQUESTS FOR

WAIVERS OF PROCEDURAL FORMALITIES PROVIDED

LEGITIMATE OBJECTIVES OF THE CLIENT WILL NOT BE

ADVERSELY AFFECTED.

* WE OWE JUDGES RESPECT DILIGENCE CANDOR -

PUNCTUALITY AND PROTECTION AGAINST UNJUST

AND IMPROPER CRITICISM AND ATTACK. THE JUDGE

IS THE SYMBOL OF BOTH THE JUDICIAL SYSTEM AND

THE ADMINISTRATION OF JUSTICE AND WE MUST

REFRAIN FROM CONDUCT THAT DEGRADES THAT

SYMBOL.

* WE MUST ALWAYS CONDUCT OURSELVES IN COURT

IN A PROFESSIONAL MANNER DEMONSTRATING

RESPECT FOR BOTH THE COURT AND THE LAW. WE

WILL TREAT THE COURT AND MEMBERS OF THE COURT

STAFF WITH COURTESY AND CIVILITY WE WILL NOT

ENGAGE IN ANY CONDUCT WHICH OFFENDS THE

DIGNITY AND DECORUM OF JUDICIAL PROCEEDINGS -

AND WE WILL RESPECT ALWAYS THE RULINGS OF THE

COURT. WE WILL NOT KNOWINGLY MISREPRESENT -

MISCHARACTERIZE MISQUOTE OR MISCITE FACTS OR

AUTHORITIES TO THE COURT TO GAIN AN ADVANTAGE.

WE MUST EMPLOY ALL APPROPRIATE LEGAL MEANS TO

PROTECT AND ADVANCE THE CLIENTS' LEGITIMATE

RIGHTS CLAIMS AND OBJECTIVES WITHOUT BEING

DETERRED BY ANY REAL OR IMAGINED FEAR OF

JUDICIAL DISFAVOR OR PUBLIC UNPOPULARITY.

* IN OUR EFFORTS TO RESOLVE CRIMINAL OR CIVIL

DISPUTES WE MUST BE CONSIDERATE OF THE

TIME CONSTRAINTS AND PRESSURES IMPOSED UPON

THE COURT COURT STAFF AND OPPOSING

COUNSEL. WE OWE TO THE LEGAL PROFESSION A

DUTY TO BE BOTH AN EFFECTIVE ADVOCATE AND AN

ETHICAL LAWYER WE MUST DISAGREE WITHOUT

BEING DISAGREEABLE -WE WILL AVOID DISPARAGING

REMARKS TOWARDS OPPOSING COUNSEL AND

OTHERS AND WE MUST RECOGNIZE THAT EFFECTIVE

REPRESENTATION DOES NOT REQUIRE ANTAGONISTIC

OR OBNOXIOUS BEHAVIOR.

* WE MUST NEITHER ENCOURAGE NOR KNOWINGLY

PERMIT THE CLIENT OR ANYONE ELSE TO DO

ANYTHING WHICH WOULD BE UNETHICAL OR

IMPROPER IF DONE BY HIS OR HER TRIAL LAWYER.

WE MUST NOT WITHOUT APPARENT GOOD CAUSE -

ATTRIBUTE BAD MOTIVES OR UNETHICAL CONDUCT TO

OPPOSING COUNSEL. WE WILL NOT BRING THE LEGAL

PROFESSION INTO DISREPUTE BY UNFOUNDED

ACCUSATIONS OF IMPROPRIETY. WE MUST NOT BE

INFLUENCED BY ANY ILL FEELING BETWEEN

CLIENTS AND WE WILL ABSTAIN FROM ANY

ILLUSION TO PERSONAL PECULIARITIES OR

IDIOSYNCRASIES OF OPPOSING COUNSEL.

SO INDEED I HERE IN CLOSING REITERATE WE

EACH IN MY BELIEF HAVE GOOD CAUSE TO BE HONORED

- PROUD AND PRIVILEGED TO BE ONE OF THOSE WHO

IS SOCIALIZING WITH THIS PARTICULAR GROUP OF THE

BEST AND BRIGHTEST OF THE FLORIDA TRIAL BAR. I

ACKNOWLEDGE THAT EACH LAWYER IN THIS ROOM HAS

LONG RESPECTED AND FOLLOWED THOSE PROCEDURAL

SUGGESTIONS MADE BY ME BUT I AS AN ANCIENT TRIAL

LAWYER WHO WILL BE 84 YEARS OF AGE AT HIS BIRTHDAY

NEXT MONTH KNOW THAT TRUTH AND VIRTUES ARE

EASILY FORGOTTEN AND THAT IT CAUSES NO HARM FOR

THE AGED TO REPEAT AND REPEAT THEM TIME AND

AGAIN AND AGAIN TO THOSE ACTIVE TRIAL LAWYERS

WHO MUST SUCCESSFULLY CONTINUALLY TO COPE WITH

THE STRESS OF WORKING DILIGENTLY IN COURT TO SEE

THAT THE BEST OF JUSTICE IS OBTAINED UNDER OUR

SYSTEM.

YOU MY FRIENDS LAWYERS WOMEN AND MEN -

ARE TRULY TRULY THUS ALREADY GOOD AND GREAT

FELLOWS OF THE AMERICAN COLLEGE OF TRIAL

LAWYERS. I KNOW THAT FOR EACH OF YOU BUT I ALSO

FEEL THAT IT DOES NOT HURT TO RAISE WITH YOU AGAIN

- AND AGAIN THE PROBLEMS AND DIFFICULTIES OF

BEING A VERY GOOD INDEED THE BEST TRIAL LAWYER

IN A LEGAL SYSTEM THAT EVERY SINGLE DAY CHANGES

AND CHANGES ITS PRECEPTS AND NEEDS OF CLIENT

REPRESENTATION. I IN CLOSING WARMLY DECLARE: I

PERSONALLY KNOW OF NO GROUP OF TRIAL LAWYERS

THAT I ADMIRE RESPECT PRAISE ENJOY AND HONOR

AS MUCH AS I DO THOSE WHO ARE FELLOWS OF THE

AMERICAN COLLEGE OF TRIAL LAWYERS.

GOOD NIGHT AND GOODBYE?

MIA1 #1037137 v4

SPEECHES OF CHESTERFIELD SMITH

SPEECH 423

REMARKS OF:

BEFORE:

PLACE:

DATE:

CHESTERFIELD SMITH
SENIOR PARTNER HOLLAND & KNIGHT
MIAMI, FLORIDA

H & K 2001 LAW CLERKS -
TAMPA, LAKELAND, ST. PETERSBURG
AND ORLANDO

H&K 24TH FLOOR BOARDROOM

TAMPA, FLORIDA

TUESDAY, JULY 24, 2001

15 MINUTES

TIME:

BECAUSE ALL OF

SOON TO

BECOME

LAWYERS

THAT

AUTOMATICALLY

BE SOMEBODY

BECAUSE

NEXT YEAR

IN

EACH

AN

YOU

THE

OF

YOU

ATTORNEY

HOLLAND

THAT

& KNIGHT

YOU

WITH

DOES

CERTAINTY

SOMEBODY

PROCLAIM

EACH

POSSIBILITY

POTENTIALLY

A GREAT

OPPORTUNITY

TO

SOMEBODY

DOES

NOT

MEAN

WILL

JUST

BE

EACH

LAW.

MAY

AT

NOT

MEAN

WILL

THE

DO

BE

LAW.

BUT

DOES

EACH

MEAN

HAVE

THAT

YOU

JUST

YOU ARE

BECOME

IN

THE

LAW

OTHER THAN JUST

LAWYER

BUT

A VERY

SUCCESSFUL

WORKING

AND

ACHIEVING

LAWYER

TRULY

WILL

THROUGHOUT

SOMEBODY

ONE

THE

UNIQUE

BE

OUR

IN

RECOGNIZED

COMMUNITY

THE

THING

HALLMARK

LAW.

CLEAR

OF

PROFESSION

AND ALWAYS

-ALWAYS

WILL

PUBLIC

BE

- ITS

SERVICE.

COMMITMENT

NO

OTHER

PROFESSION

NOW

HAS

SO

EXTENSIVE

COMMITMENT.

WHO

AS

TO

THE

ME

LEGAL

HAS

TO

BEEN

SOMEBODY

ANOTHER

PUBLIC

LAWYERS

- LEGITIMATELY

- DO OF COURSE

ALSO SEEK FROM THE

PRACTICE

OF LAW

WEALTH

AND

PERSONAL

POWER

- THE

GOOD

LIFE

PROBABLY

WITH

GOOD

THOSE

FAMILY

TIMES

WHO

SEEK

- HEALTH

WITH

ONLY

- HAPPINESS

FRIENDS

THOSE

- BUT

PERSONAL

REWARDS

WILL MISS MUCH.

WHEN FIFTY

PLUS

YEARS

AGO

I WAS

A YOUNG

BEGINNING

LAWYER

- MOST

LAWYERS

THAT

I KNEW

WELL

ROUTINELY

FOCUSED

ALWAYS

ON

THE

TRADITIONAL

OF THE ADVOCATE:

EVERYWHERE

AND PROPERLY

OBLIGATIONS

- THE OBLIGATION

- THE OBLIGATION

THE LEGAL PR(

THE OBLIGATION

OF PUBLIC

OF SERVICE

SERVICE;

TO

3FESSION;

OF IMPROVING

OUR

SYSTEM

NOW

OF JUSTICE.

OFTEN

SEEMS

PRIMARY

DESIRE

OF

MOST

LAWYERS

PERSONALLY

SUCCESSFUL

FINANCIALLY

A

CHANGE

UNDERSTAND

- BUT FOR

ME

- A CHANGE

PERSONALLY

TO ENDORSE.

OF COURSE

- I FULLY RECOGNIZE

LEGITIMATE

INDIVIDUAL

- AND PROPER

LAWYERS

IN

- INTEREST

DOING

THE

TO

ME

THAT

TO

BE

EASY

VERY

TO

HARD

THE

OF

WELL

- BUT I OFFER

JUST ARE ENTERING

THE LEGAL

PROFESSION

THOUGHTS

EVEN BETTER

ABOUT

REWARDS

OTHER

EQUAL

- MULTIPLE

OR

OTHER

BENEFITS

ASSOCIATED WITH BEING A LAWYER

WITH BECOMING

SOMEBODY

IN THE LAW.

I BELIEVE

FIRST

TO

BE

A GOOD

LAWYER

A PERSON

UTILIZING

IMAGINATION

AND

CREATIVE

CHALLENGING

SHOULD

ENJOY

ABILITIES

THE SOLUTION OF

G INTELLECTUAL

AND

DIFFICULT

PROBLEMS.

THE

GREATEST

PROFESSIONAL

MY

AS

SEE

FINANCIALLY

TO YOU WHO

PLEASURE

THAT

CAN

COME

LAWYER IS TO

THINKING

TRANSLATED

INTO

FAVORABLE

RESULTS

FOR THE CLIENT.

SECOND

LAWYER

HERSELF

- I ALSO

SHOULD

OR

HIMSELF

BELIEVE

MUST

ALWAYS

THAT

PICTURE

AS

RESPECTED

AND INDEPENDENT

PROFESSIONAL

- A PERSON

OF INTEGRITY

ESTABLISHED

DECIDING V

PROFESSIONAL

VHAT SHE OR H

STANDARDS

[E WILL DO

AND WILL NOT DO

- AS A LAWYER.

LAWYER

NEVER

COMPROMISES

- AND PERSONAL

WHO

HAS

FOR

GOOD

TO A GOOD

SEE HARD

PROFESSIONAL

QUALITY

EACH LAWYER

ALWAYS

MUST BE

READY

TO

BE

JUDGED

PROFESSION

PUBLIC

- AND BY HER

- FOR THOSE

PROFESSIONAL

DECISIONS

AND FOR WORK QUALITY.

I HABITUALLY

CONTEND

THAT A LAWYER

CONTINUOUSLY

SHOULD

FOREFRONT

CHANGES

LEGAL

OF

OR

THOSE

SEEKING

REFORMS

PROCESSES

LAWS

THE

NEEDED

- IN

LEGAL

PROFESSION

AND

THE

SOCIETY.

PROFESSIONAL

BY

THE

LEGAL

BY

THE

OR

HIS

PEERS

BE

THE

SATISFACTION.

INDEED

INDEED A

COMMITTED

SHOULD

WORK AT THE

SPORTS

POLITICS

CURRENT

AFFAIRS

EVENTS -

- CHURCH

COMMUNITY

- BOOKS

AND CIVIC

- FIGHTING

ALWAYS

AGAINST

THE

DISEASE

COMPARTMENTALIZATION.

THAT

MANY

LAWYERS

THROUGHOUT

FLORIDA

- HAVE

ALREADY

PLAYED

SIGNIFICANT

ROLES

HUMAN

RIGHTS

ISSUES.

BUT I REITERATE -

THE LEGAL PROFESSION AS IT BECOMES AS

SEE IT EVER MORE ORIENTED TO THE BOTTOM

IS UNDERGOING

ARTS

OF

KNOW

CIVIL

AND

TOTAL AFFAIRS

OF LIVING

LINE

- TRULY

FUNDAMENTAL

AS LAW PRACTICES GET LARGER

AND LARGER AS THE COMPETITION FOR LEGAL

BUSINESS

GETS FIERCER

- AND AS PRESSURES

INCREASE TO FIND ALTERNATIVES TO LITIGATION

FOR RESOLVING

LAWYERS

DISPUTES

MUST CONTINUE

- I BELIEVE

THAT

TO TAKE THE LEAD

"PRO BONO PUBLIC" IN THE AREAS OF CIVIL AND

HUMAN RIGHTS AND THAT A GREAT NUMBER OF

LAWYERS SIMPLY ARE NOT DOING THAT.

WE MUST CONTINUE THAT TRADITION.

A GOOD

LAWYER

QUICKLY

LEARNS

THAT VERY SPECIAL

SATISFACTION THAT WILL COME WHEN SHE OR HE

RESPONSIBILITY

MODIFICATION.

DISCHARGES

THE

UNIQUE

OF

PROVIDING LEGAL HELP TO PEOPLE MOST IN NEED

FOR COMPETENT LEGAL SERVICES AT THE TIME OF

THEIR GREATEST VULNERABILITY.

ADMITTEDLY WE AS LAWYERS ARE AND

FOR SOMETIME HAVE BEEN CONCERNED THAT ALL

- OR SOME OF THE 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.

THAT LEGAL

PERHAPS IT IS TIME

CODES OF ETHICS AND

RULES

LAWYER

CONDUCT MOVE

SOMEWHAT

CLOSER

REALITY BY FREELY AND FRANKLY REQUIRING AN

OF

TO

ACKNOWLEDGMENT

DUTIES OF LAWYERS ARE OBLIGATORY.

PERSONALLY

THAT

BEST LAWYERS ALWAYS

THEY

ARE.

I BELIEVE

WHILE THE

HAVE RECOGNIZED THAT

EARNING A LIVING OF NECESSITY HAS TO BE A

PREOCCUPATION PERHAPS IT NOW MAY ATTRACT

IDEALISTIC

YOUNG

PEOPLE AGAINST

THE LEGAL

PROFESSION

THE

ORGANIZED

AFFIRMATIVELY

FINDS MORE

ENSURES

AND

THAT EACH LAWYER

MORE TIME

FOR OTHER

SOURCES OF SELF-FULFILLMENT AND ENJOYMENT

WHILE STILL EARNING THAT EVER BETTER GOOD

- I REITERATE

BAR

THAT THOSE

TRADITIONAL

LIVING.

HOWEVER

MY PRIME

- LAWYERS MUST CONTINUE AS THEY

TRADITIONALLY

HAVE

- TO AFFIRM

THAT A

PERSON CAN BE RECOGNIZED AS A

VERY GOOD

LAWYER ONLY IF THAT PERSON IS ALSO A

RESPONSIBLE GOOD

REGRETTABLY

CITIZEN.

THE

QUESTION

ANSWERED FOR CLIENTS BY INDIVIDUAL

LAWYERS

TODAY IS:

IS IT LEGAL? NOT:

IS IT RIGHT? AS

CURRENT EVENTS THROUGHOUT THE WORLD SHOW

- A LEGALISTIC

SOCIETY

WHICH

IGNORES

VALUES OTHER THAN LAW IS A SOCIETY WHICH

ULTIMATELY WILL WITHER AWAY AND DISAPPEAR.

CAN LONG

VERY

MOST

ALL

BELIEF

NO STATE

SURVIVE

IF ITS

PEOPLE

ASSUME THAT CONDUCT NOT FORBIDDEN BY LAW

IS ACCEPTABLE CONDUCT AND A GOOD

LAWYER

MUST NEVER MAKE THAT ASSUMPTION.

WHAT DID I MEAN EARLIER WHEN I SAID TO

YOU THAT YOU EACH MAY BECOME SOMEBODY

IN THE LAW? YOU INDIVIDUALLY MAY ALREADY

BELIEVE THAT AS A LAW STUDENT YOU

SOMEBODY AND YOU WELL MAY BE AT

OWN LAW SCHOOL.

RECOGNITION OF

ARE

YOUR

I PERSONALLY HOPE THAT

YOU AS SOMEBODY IN THE

LEGAL PROFESSION IS ALWAYS WELL KNOWN IN

YOUR FUTURE COMMUNITY OF

CHOICE.

I BELIEVE THAT AT A MINIMUM TO BE

SOMEBODY IN THE LAW YOU MUST POSSESS

FOUR ESSENTIAL QUALITIES.

I BELIEVE THAT TO BE A GREAT LAWYER TO

BE SOMEBODY IN THE LAW A LAWYER MUST

HAVE AN EXTENSIVE BACKGROUND IN USING HER

OR HIS LAWYERLY SKILLS IN COMMUNITY AND

PROFESSIONAL SERVICES THAT IS BE

SOMEBODY IN THE COMMUNITY BE SOMEBODY IN

GOVERNMENT BE SOMEBODY IN THE

NEIGHBORHOOD BE SOMEBODY IN THE CHURCH -

BE SOMEBODY IN POLITICS BE SOMEBODY IN

EDUCATION BE SOMEBODY IN FAMILY BE

SOMEBODY IN SCHOOL AND DEFINITELY BE

SOMEBODY IN THE LOCAL STATE AND

NATIONAL BAR ASSOCIATIONS OR OTHER LEGAL

ORGANIZATIONS.

A LAWYER WHO CONTRIBUTES

TIME EFFORT AND PERHAPS MONEY TOO IN

FURTHERANCE OF HER OR HIS COMMUNITY GAINS

A DIVERSE BACKGROUND AND A TREMENDOUS

AMOUNT OF EXPERIENCE AND SEASONING IN

DEALING WITH OTHERS IN VARIOUS AREAS.

LAWYERS WITH SUCH BACKGROUND SEASONING -

AND EXPERIENCE WHEN COMBINED WITH THEIR

PROFESSIONAL TRAINING ARE UNIQUELY

QUALIFIED AND HELPFUL IN COMMUNITIES AND

MAY ALSO SERVE AS ROLE MODELS FOR OTHERS

WHO WANT TOO TO BE GREAT WHO WANT -

TOO TO BE SOMEBODY

- TO BE SOMEBODY IN

THE LAW.

A LAWYER MUST BE BROADLY AND

THOROUGHLY EDUCATED.

I AM NOT TALKING

ABOUT EDUCATION ONLY IN THE PRACTICAL SENSE

- SUCH

AS YOU

NOW HAVE BUT EDUCATION

IN TERMS OF LOYALTY VALUES -

PEOPLE

ENHANCEMENT AND PROBLEM SOLVING.

CERTAINLY AM NOT TALKING JUST ABOUT LEGAL

EDUCATION IN THE NARROW SENSE OF PARTICULAR

AREAS OF LAW BUT GENERAL EDUCATION IN A

WORLDLY SENSE A GOOD LAWYER MUST BE

COMFORTABLE WITH BOTH ART AND SCIENCE A

LAWYER MUST KNOW HISTORY HISTORY OF THE

UNITED STATES -

AND HISTORY OF THE WORLD -

A LAWYER MUST BE A FRIEND OF GREAT

LITERATURE A LAWYER MUST APPRECIATE ALL

VARIETIES OF PEOPLE AND BE ACUTELY AWARE

OF BOTH HUMAN FRAILTIES AND HUMAN

STRENGTHS.

SUCH A LAWYER THEN WILL

UNDERSTAND THAT THE LAW MIRRORS THE WORLD

- AND LIKE THE WORLD THE LAW ALWAYS IS

AND WILL BE -

AFFECTED BY PEOPLE AND

PLACES AND HISTORY AND OTHER THINGS.

THE LAW AS IT SHOULD BE PRACTICED ONE

HEARS AND SEES AND SMELLS AND TASTES

- AND TOUCHES AND FEELS THE WORLD AS AN

ENTITY WHICH CAN ALWAYS BE BETTERED.

LAWYER WITH A WORLDLY EDUCATION WILL ALSO

UNDERSTAND THAT SHE OR HE MUST INVOLVE

HERSELF OR HIMSELF CONTINUOUSLY IN SEEKING

THE NEEDED CHANGES OR REFORMS OR

ADDITIONS OR DELETIONS IN THE LAW.

LAWYER WITH A WORLDLY EDUCATION WILL KNOW

THAT ALMOST EVERY MAJOR SOCIETAL OR PUBLIC

ISSUE INVOLVES THE LAW AND THUS SHE OR

HE CANNOT PROCEED THROUGH LIFE OR THE

PRACTICE OF LAW WITH BLINDERS FOCUSING ON

THE MINUTIA BUT THAT A MUCH GREATER CALL

CERTAINLY DOES EXIST A DEMANDING CALL TO

DISPENSE JUSTICE EVERYWHERE AN

UNYIELDING

CALL TO ENHANCE JUDICIAL AND

LAWYER EFFICIENCY AND COMPETENCY -

EVERYWHERE EVERY TIME.

TO BE A GREAT LAWYER-TO BE SOMEBODY IN

THE LAW A LAWYER MUST BE A HELPER.

SHE

OR HE MUST ALWAYS BE WILLING TO LEND A

HAND ALWAYS READY TO DO GOOD FOR THOSE

LESS FORTUNATE AND EVEN THOSE MORE

FORTUNATE FOR THOSE WHO ARE IN NEED.

UNLIKE OTHER PROFESSIONS PROFESSIONAL

LAWYERS HAVE A SPECIAL OBLIGATION TO HELP

THOSE IN NEED. HISTORICALLY LAWYERS EARNED

- AND RIGHTLY SO A REPUTATION FOR

DEFENDING THOSE

ENMESHED IN FRIGHTENING

LEGAL BATTLES A REPUTATION FOR DEFENDING

THOSE UNREPRESENTED OR UNDERREPRESENTED.

LAWYERS EARNED A REPUTATION FOR TACKLING

VOLUNTARILY CASES OF GREAT SOCIETAL

IMPORTANCE AND MAGNITUDE IN THE TRUE

PURSUIT OF JUSTICE.

LAWYERS OF

COURSE WHO

ARE SOMEBODY

IN THE LAW MUST CONTINUE TO TAKE THE LEAD

IN THE FIGHT FOR CIVIL AND HUMAN RIGHTS -

LAWYERS MUST CONTINUE TO WEAR HONESTLY

AND PROUDLY OUR BADGE OF VOLUNTEERISM IN

THE LAW SO THAT PRO BONO WILL BECOME A

HOUSEHOLD NAME NOT JUST IN THE LEGAL

PROFESSION BUT HOPEFULLY IN ALL OTHER

PROFESSIONS.

BEING A GREAT LAWYER INCLUDES

UNDERSTANDING REALIZING AND

ACKNOWLEDGING THAT WE ARE LEADERS NOT

JUST FOR OTHER LAWYERS BUT FOR PEOPLE

EVERYWHERE AND IN ALL BUSINESSES AND

ALL

PROFESSIONS.

LAWYERS WHO DO GOOD CONSISTENTLY -

COMPETENTLY AND COMPASSIONATELY BECOME

GREAT LAWYERS WHO QUICKLY LEARN THAT A

VERY SPECIAL PERSONAL SATISFACTION COMES

WHEN SHE OR HE DISCHARGES THE UNIQUE

RESPONSIBILITY OF PROVIDING COMPETENT LEGAL

SERVICES TO THOSE IN N

- MY YOUNG POTENTIAL

A GREAT LAWYER -

LAW PARTNERS IS --

WITHOUT QUESTION ALWAYS A RESPONSIBLE

CITIZEN

- AND ALWAYS

MUST BE.

THERE WILL SIMPLY BE NO GREAT LAWYER -

THERE

SIMPLY CAN BE NO GREAT LAWYER -

UNLESS THAT LAWYER HAS A GREAT COMMUNITY

AND PUBLIC REPUTATION UNLESS THAT LAWYER

IS RECOGNIZED BY ALL OTHERS WHO KNOW IN

THE AREA WHERE HE

PRACTICES AS

TRULY SOMEBODY IN THE LAW.

MIA1 #1052527 vl

BEING

SPEECHES OF CHESTERFIELD SMITH

SPEECH 424

REMARKS OF:

BEFORE:

DATE:

PLACE:

TIME:

CHESTERFIELD SMITH
MIAMI, FLORIDA

NATIONAL LEGAL AID AND
DEFENDER ASSOCIATION

WEDNESDAY, NOVEMBER 7,
2001, 5:00 P.M.

WYNDHAM MIAMI-BISCAYNE
BAY HOTEL
MIAMI, FLORIDA

15 MINUTES

MIA1 #1086022 vl

Lgy

HELLO! I AM AS SAID CHESTERFIELD

SMITH

- AND I AM HONORED AS A

PRACTICING LAWYER FOR 53 YEARS TO BE

CHOSEN

AGAIN TO BE THE KEYNOTE

SPEAKER FOR THE NATIONAL LEGAL AID

AND DEFENDER ASSOCIATION'S ANNUAL

CONFERENCE.

THIS ORGANIZATION IS A

PARTICULARLY DEAR ONE TO ME THE

LAST TIME I ADDRESSED YOUR

ORGANIZATION WAS ON OCTOBER

25, 1973 -

AT YOUR ANNUAL CONFERENCE HELD AT

CORONADO BEACH, CALIFORNIA.

SECOND TIME IS MORE THAN TWENTY-EIGHT

YEARS LATER.

OUR COUNTRY IN 1973 WAS

OF THE WATERGATE SCANDAL.

PRESIDENT OF THE AMERICAN

IN THE MIDST

AS

BAR

ASSOCIATION MY REMARKS TO THIS

ORGANIZATION IN OCTOBER 1973 CENTERED

ALMOST SOLELY AROUND THE PRESIDENT'S

ACTIONS CONCERNING THE SPECIAL

PROSECUTOR IN THE WATERGATE AFFAIR -

TODAY THE

AN ACTION TAKEN BY PRESIDENT RICHARD

NIXON QUICKLY KNOWN TO THE GENERAL

AMERICAN PUBLIC AS: "THE SATURDAY NIGHT

MASSACRE."

QUITE OBVIOUSLY WE IN AMERICA IN 1973

WERE THEN IN A VERY SPECIAL TIME AND

WE IN AMERICA IN 2001 ARE EVEN MORE

OBVIOUSLY IN A VERY SPECIAL TIME.

AT

EACH OF THOSE POINTS IN HISTORY WE

HAVE BEEN MOST CONCERNED ABOUT OUR

PERSONAL CIVIL LIBERTIES THE VERY

EXCLUSIVE FOUNDATION OF THE "GOOD LIFE"

IN AMERICA.

IN 1973 I SPOKE TO YOUR

ORGANIZATION ABOUT WHAT I BELIEVED WAS

OUR THEN-PRESIDENT'S PERSONAL

ENCROACHMENT UPON OUR SYSTEM OF

JUSTICE JUST FOUR DAYS BEFORE WHEN

PRESIDENT RICHARD NIXON FIRED

ARCHIBALD COX THE SPECIAL PROSECUTOR -

ASSIGNED TO INVESTIGATE AMONG OTHER

THINGS THE PRESIDENT'S PART IN THE

WATERGATE AFFAIR.

PERSONALLY

- AT THAT TIME THAT

AMERICA WAS THEN IN A SEVERE

GOVERNMENTAL CRISIS UNPARALLELED IN

OUR NATION'S HISTORY.

I PERSONALLY WAS

CONVINCED THAT THE BASIC LIBERTIES OF

OUR CITIZENS WERE AT RISK THAT THE

BASIC PRINCIPLES WHICH GIVE STRENGTH

AND VITALITY TO OUR SOCIETY WERE AT

STAKE.

I BELIEVED -

I CALLED THEN IN MY SPEECH FOR THE

NATIONAL LEGAL AID AND DEFENDER

ASSOCIATION TO CONSIDER WHETHER IT TOO

WOULD JOIN THE AMERICAN BAR

ASSOCIATION AND MULTIPLE OTHER LEGAL

ORGANIZATIONS IN RESTORING LIBERTY TO

OUR COUNTRY WHETHER THE NATIONAL

LEGAL AID AND DEFENDER ASSOCIATION TOO

WOULD JOIN THE OTHERS IN CONDEMNING

THE FRONTAL ATTACK ON THE JUSTICE

SYSTEM BY THEN-PRESIDENT RICHARD NIXON.

NLADA DID AND AS YOU KNOW IN TIME -

JUSTICE WAS SERVED OUR SOCIETY WAS

PRESERVED OUR LIBERTIES WERE

SAFEGUARDED

- WE SHOWED THE AMERICAN

PEOPLE THAT "NO MAN IS ABOVE THE LAW."

PRESIDENT NIXON LATER RESIGNED JUST

BEFORE HE CLEARLY WAS TO BE REMOVED

FROM

OFFICE BY IMPEACHMENT.

TODAY 28 YEARS LATER OUR

COUNTRY IS CONFRONTED YET AGAIN WITH

ANOTHER GOVERNMENTAL CRISIS WHICH IN

MY JUDGMENT IF LEFT UNWATCHED -

UNMONITORED UNGUARDED MAY WELL

RESULT IN A SIMILAR DENIGRATION OF

CIVIL LIBERTIES IN AMERICA.

ON SEPTEMBER 11, 2001 OUR COUNTRY

OF COURSE WAS SEVERELY ATTACKED BY

FOREIGN TERRORISTS.

THOUGH SEPTEMBER

11 HAS LONG SINCE PASSED THE EFFECTS

OF THAT TERRORIST INVASION UPON OUR

PROPERTY OUR FAMILIES OUR HOMES -

OUR PERSONAL FREEDOMS OUR COUNTRY

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