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| Remarks made by Chesterfield Smith... | |
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| Gender bias? | |
| Remarks made by Chesterfield Smith... | |
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| How law firms (and specifically... | |
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Table of Contents 1 Table of Contents 2 Table of Contents 3 Table of Contents 4 Table of Contents 5 Remarks made by Chesterfield Smith orally at the leadership Lakeland graduation banquet Page 283-i Page 283-1 Page 283-2 Page 283-3 Page 283-4 Page 283-5 Remarks of Chesterfield Smith at Learned hand award dinner award to Parker Thomson Page 284-i Page 284-ii Page 284-1 Page 284-2 Page 284-3 Page 284-4 Page 284-5 Page 284-A-1 Page 284-A-2 Page 284-A-3 Page 284-A-4 Page 284-A-5 Page 284-A-6 Page 284-A-7 Page 284-A-8 Page 284-A-9 Remarks of Chesterfield Smith to Holland & Knight 1988 summer law clerks Page 285-i Page 285-1 Page 285-2 Page 285-3 Gender bias? Page 286-i Page 286-ii Page 286-1 Page 286-2 Page 286-3 Page 286-4 Page 286-5 Page 286-6 Page 286-7 Page 286-8 Page 286-9 Page 286-10 Page 286-11 Page 286-12 Page 286-13 Page 286-14 Page 286-15 Page 286-16 Page 286-17 Page 286-18 Page 286-19 Page 286-20 Page 286-21 Page 286-22 Remarks made by Chesterfield Smith before Broward County Bar Association retirement ceremonies for Judge Frank Orlando Page 287-i Page 287-ii Page 287-1 Page 287-2 Page 287-3 Remarks made by Chesterfield Smith at presentation to John Germany of the 1988 Chesterfield Smith partner award Page 288-i Page 288-ii Page 288-1 Page 288-2 Page 288-3 Page 288-4 Page 288-5 Page 288-6 Remarks made by Chesterfield Smith at tribute to U.S. senator Lawton Chiles before Florida chamber of commerce Page 289-i Page 289-1 Page 289-2 Page 289-3 Page 289-4 Page 289-5 Page 289-6 Page 289-7 Page 289-8 Page 289-9 Page 289-10 How law firms (and specifically Holland & Knight could be - may be - probably will be - and almost certainly should not be - practicing in the year 2000 Page 290-i Page 290-ii Page 290-1 Page 290-2 Page 290-3 Page 290-4 Page 290-5 Page 290-6 Page 290-7 Page 290-8 Page 290-9 Page 290-10 Page 290-11 Page 290-12 Page 290-13 Page 290-14 Page 290-15 Page 290-16 Page 290-17 Page 290-18 Page 290-19 Page 290-20 Page 290-21 Page 290-22 Page 290-23 Page 290-24 Page 290-25 Page 290-26 Page 290-27 Page 290-28 Remarks made by Chesterfield Smith at the spirit of the Caribbean award representation to the Hon. Vere Cornwallis Bird, p.c. Page 291-i Page 291-ii Page 291-1 Page 291-2 Remarks made by Chesterfield Smith at the 1988 graduating class Florida State University College of Law Page 292-i Page 292-ii Page 292-1 Page 292-2 Page 292-3 Page 292-4 Page 292-5 Page 292-6 Page 292-7 Page 292-8 Page 292-9 Page 292-10 Page 292-11 Page 292-12 Page 292-13 Page 292-14 Page 292-15 Remarks made by Chesterfield Smith at investiture of Gerald B. Cope, Jr. Page 293-i Page 293-ii Page 293-1 Page 293-2 Page 293-3 Page 293-4 Page 293-5 Page 293-6 Page 293-7 Page 293-8 Page 293-9 Page 293-10 Remarks made by Chesterfield Smith at presentation of silver medallion award to Chesterfield Smith Page 294-i Page 294-ii Page 294-1 Page 294-2 Page 294-3 Page 294-4 Page 294-5 Remarks made by Chesterfield Smith at annual conference on prepaid legal services Page 295-i Page 295-ii Page 295-1 Page 295-2 Page 295-3 Page 295-4 Page 295-5 Page 295-6 Page 295-7 Page 295-8 Page 295-9 Page 295-10 Page 295-11 Page 295-12 Page 295-13 Page 295-14 Page 295-15 Page 295-16 Page 295-17 Page 295-18 Page 295-19 Page 295-20 Page 295-21 Page 295-22 Page 295-23 Page 295-24 Page 295-25 Page 295-26 Page 295-27 Page 295-28 Remarks made by Chesterfield Smith at league of women voters of Polk County, Florida Page 296-i Page 296-ii Page 296-1 Page 296-2 Page 296-3 Page 296-4 Page 296-5 Page 296-6 Page 296-7 Page 296-8 Page 296-9 Page 296-10 Page 296-11 Remarks made by Chesterfield Smith at tribute to U.S. senator Lawton M. Chiles before Florida Center for Children and Youth Page 297-i Page 297-ii Page 297-1 Page 297-2 Page 297-3 Page 297-4 Page 297-5 Page 297-6 Page 297-7 Remarks made by Chesterfield Smith at American Jewish committee dinner honoring Irwin Block Page 298-i Page 298-ii Page 298-1 Page 298-2 Page 298-3 Page 298-4 Page 298-5 Page 298-6 Page 298-7 Page 298-8 Page 298-9 Page 298-10 Page 298-11 Page 298-12 Remarks made by Chesterfield Smith at National association for law placement breakers Page 299-i Page 299-ii Page 299-1 Page 299-2 Page 299-3 Page 299-4 Page 299-5 Page 299-6 Page 299-7 Page 299-8 Page 299-9 Page 299-10 Page 299-11 Page 299-12 Page 299-13 Remarks made by Chesterfield Smith at conference presented and sponsored by the University of South Florida, the University of Tampa, the greater Tampa Chamber of Commerce, and the Tampa Tribune Page 300-i Page 300-ii Page 300-1 Page 300-2 Page 300-3 Page 300-4 Page 300-5 Page 300-6 Page 300-7 Page 300-8 Page 300-9 Page 300-10 Page 300-11 Page 300-12 Page 300-13 Page 300-14 Page 300-15 Page 300-16 Remarks made by Chesterfield Smith at Shear, Newman, Hahn, & Rosenkranz "retreat" Page 301-i Page 301-ii Page 301-1 Page 301-2 Page 301-3 Page 301-4 Page 301-5 Page 301-6 Page 301-7 Page 301-8 Page 301-9 Page 301-10 Page 301-11 Page 301-12 Page 301-13 Page 301-14 Page 301-15 Page 301-16 Page 301-17 Page 301-18 Page 301-19 Page 301-20 Page 301-21 Page 301-22 Page 301-23 Page 301-24 Page 301-25 Page 301-26 Page 301-27 Page 301-28 Remarks made by Chesterfield Smith at inheriting the wind II "profitability and the southern law firm: Where will the business come from?" Page 302-i Page 302-ii Page 302-1 Page 302-2 Page 302-3 Page 302-4 Page 302-5 Page 302-6 Page 302-7 Page 302-8 Page 302-9 Page 302-10 Page 302-11 |
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VOLUME XX #283 REMARKS MADE BY CHESTERFIELD' SMITH ORALLY AT THE LEADERSHIP LAKELAND GRADUATION BANQUET AT THE LAKELAND YACHT CLUB ON THURSDAY:, MAY 26, 1988 #284 REMARKS OF CHESTERFIELD SMITH LEARNED HAND AWARD DINNER AWARD TO PARKER THOMSON HYATT CORAL GABLES JUNE 7, 1988 #285 REMARKS OF CHESTERFIELD SMITH TO HOLLAND & KNIGHT 1988 SUMMER LAW CLERKS July 21, 1988 #286 REMARKS OF CHESTERFIELD SMITH BEFORE: FLORIDA WOMEN'S NETWORK HYATT REGENCY WESTSHORE TAMPA, FLORIDA ENTITLED: GENDER BIAS? DATE: SATURDAY, SEPTEMBER 17, 1988 11:30 A.M. #287 REMARKS OF CHESTERFIELD SMITH BEFORE: BROWARD COUNTY BAR ASSOCIATION RETIREMENT CEREMONIES FOR JUDGE FRANK ORLANDO FORT LAUDERDALE, FLORIDA DATE: THURSDAY, OCTOBER 20, 1988 6:30 P.M. #288 REMARKS OF CHESTERFIELD SMITH OCCASION: PRESENTATION TO JOHN GERMANY OF THE 1988 CHESTERFIELD SMITH PARTNER AWARD DATE: FRIDAY, OCTOBER 21, 1988 1 VOLUME XX cont. #289 REMARKS OF CHESTERFIELD SMITH BEFORE: TRIBUTE TO U.S. SENATOR LAWTON CHILES BEFORE FLORIDA CHAMBER OF COMMERCE HYATT REGENCY WESTSHORE TAMPA, FLORIDA DATE: FRIDAY, OCTOBER 28, 1988 12:00 noon #290 ADDRESS OF CHESTERFIELD SMITH BEFORE: INHERITING THE WIND VANDERBILT SCHOOL OF LAW VANDERBILT PLAZA HOTEL NASHVILLE, TENNESSEE ENTITLED: HOW LAW FIRMS (AND SPECIFICALLY HOLLAND & KNIGHT) COULD BE - MAY BE PROBABLY WILL BE - AND ALMOST CERTAINLY SHOULD NOT BE PRACTICING IN THE YEAR 2000 DATE: THURSDAY, NOVEMBER 3, 1988 12:15 P.M. #291 REMARKS OF CHESTERFIELD SMITH OCCASION: THE SPIRIT OF THE CARIBBEAN AWARD PRESENTATION TO THE HON. VERE CORNWALLIS BIRD, P.C. PLACE: CARDEV LUNCHEON HYATT REGENCY HOTEL MIAMI, FLORIDA DATE: TUESDAY, NOVEMBER 22, 1988 11:30 A.M. #292 ADDRESS OF CHESTERFIELD SMITH BEFORE: 1988 GRADUATING CLASS FLORIDA STATE UNIVERSITY COLLEGE OF LAW TALLAHASSEE, FLORIDA DATE: SATURDAY, DECEMBER 10, 1988 2:00 P.M. VOLUME XX (cont.) #293 REMARKS OF CHESTERFIELD SMITH PLACE: INVESTITURE OF GERALD B. COPE, JR. THIRD DISTRICT COURT OF APPEAL OF FLORIDA MIAMI, FLORIDA DATE: MONDAY, DECEMBER 19, 1988 2:00 P.M. #294 REMARKS OF CHESTERFIELD SMITH OCCASION: PRESENTATION OF SILVER MEDALLION AWARD TO CHESTERFIELD SMITH PLACE: 37TH ANNUAL BROTHERHOOD AWARDS DINNER THE NATIONAL CONFERENCE OF CHRISTIANS AND JEWS, INC. OMNI-INTERNATIONAL HOTEL MIAMI, FLORIDA DATE: SATURDAY, FEBRUARY 25, 1989 7:30 P.M. #295 ADDRESS OF CHESTERFIELD SMITH BEFORE: ANNUAL CONFERENCE ON PREPAID LEGAL SERVICES SAN DIEGO, CALIFORNIA ENTITLED: HOW LAW FIRMS (AND SPECIFICALLY HOLLAND & KNIGHT) COULD BE - MAY BE PROBABLY WILL BE - AND ALMOST CERTAINLY SHOULD NOT BE PRACTICING IN THE YEAR 2000 DATE: THURSDAY, MARCH 9, 1989 6:00 P.M. - #296 REMARKS OF CHESTERFIELD SMITH BEFORE: LEAGUE OF WOMEN VOTERS OF POLK COUNTY, FLORIDA LAKELAND YACHT CLUB LAKELAND, FLORIDA ENTITLED: CURRENT THOUGHTS OF A TRIAL LAWYER ABOUT ETHICS AND PERSONAL INTEGRITY DATE: THURSDAY, MARCH 16, 1989 7:30 P.M. VOLUME XX (cont.) #297 ADDRESS OF CHESTERFIELD SMITH BEFORE: TRIBUTE TO U.S. SENATOR LAWTON M. CHILES BEFORE FLORIDA CENTER FOR CHILDREN AND YOUTH TALLAHASSEE, FLORIDA DATE: FRIDAY, MAY 1, 1989 12:00 noon #298 ADDRESS OF CHESTERFIELD SMITH BEFORE: AMERICAN JEWISH COMMITTEE DINNER HONORING IRWIN BLOCK TITLE: REFLECTIONS ON THE RULE OF LAW DATE: Thursday, June 8, 1989 6:00 P.M. #299 ADDRESS OF CHESTERFIELD SMITH BEFORE: NATIONAL ASSOCIATION FOR LAW PLACEMENT Breakers Palm Beach, Florida DATE: SUNDAY, JUNE 11, 1989 10:00 A.M. #300 ADDRESS OF CHESTERFIELD SMITH BEFORE: CONFERENCE PRESENTED AND SPONSORED BY THE UNIVERSITY OF SOUTH FLORIDA, THE UNIVERSITY OF TAMPA, THE GREATER TAMPA CHAMBER OF COMMERCE, AND THE TAMPA TRIBUNE SUBJECT: EMPLOYER INITIATIVES - CHILD CARE: "SETTING THE STAGE" DATE: THURSDAY, SEPTEMBER 21, 1989 VOLUME XX (CONT.) #301 ADDRESS OF CHESTERFIELD SMITH BEFORE: SHEAR, NEWMAN, HAHN & ROSENKRANZ "RETREAT" LONG BOAT KEY, FLORIDA ENTITLED: HOW LAW FIRMS (AND SPECIFICALLY HOLLAND & KNIGHT) COULD BE MAY BE - AND PROBABLY WILL BE AND ALMOST CERTAINLY SHOULD NOT BE PRACTICING IN THE YEAR 2000 DATE: FRIDAY, OCTOBER 6, 1989 #302 ADDRESS OF CHESTERFIELD SMITH BEFORE: INHERITING THE WIND II "PROFITABILITY AND THE SOUTHERN LAW FIRM: WHERE WILL THE BUSINESS COME FROM?" NASHVILLE, TENNESSEE SUBJECT: REFLECTIONS ON THE RULE OF LAW DATE: NOVEMBER 9, 1989 SPEECHES OF CHESTERFIELD SMITH SPEECH NUMBER 283 VOLUME XX REMARKS MADE BY CHESTERFIELD SMITH ORALLY AT THE LEADERSHIP LAKELAND GRADUATION BANQUET AT THE LAKELAND YACHT CLUB ON THURSDAY, MAY 26, 1988 Throughout history, Americans have believed that liberty, justice, and fairness through law can be guaranteed to all people. Indeed, faith in the rule of law has developed since the end of the great depression to such a point that Americans en masse have placed less and less reliance upon standards of value above the law, a direction which has proven to be devastating for society. Encouragingly, many thoughtful people today are becom- ing increasingly dubious that there ever can be a final resolu- tion of day-to-day problems through law alone, and thus to yearn for a differing quality of societal rules. Properly to analyze those doubts and that desire, the impor- tance of two prime traditional values must be recognized simultaneously, values which may seem incompatible: First - freedom from over-control by others, the individual privacy to do one's own thing whatever that is, alone or in small autonomous units, and second order which can come only from large-scale unity and coordination, the societal orderliness which alone per- mits efficiencies and prevents anarchy. The duality of those two human values always must be accommodated when existing proscrip- tions are modified in an attempt to re-order public and private purposes. Even so, those who fix human value standards find it most difficult when doing so to reconcile properly the disparate aims of individual privacy and societal orderliness. The original question between too much and too little in law- making is to discriminate, to get things sorted out. For every law there is a certain appropriate scale. Individual privacy begets little law and small legal solutions, and societal or- derliness begets big law and massive legal solutions. Yet, in reality those two competing values are not incompatible and any re-ordered legal priorities must adjust them. Americans now routinely ask the law (and thus our government) to determine right from wrong, the ethical from the unethical, and the moral from the immoral, an activity which has proven out to be personally self-debilitating because it innately absolves individuals from all conduct beyond that required by law. A lau- dable desire for ever-greater societal orderliness has driven the nation to more and bigger laws. Individual privacy, freedom of enterprise, freedom of life style, the right to engage in such activities in differing yet individual choices, has accordingly suffered. During my own lifetime, this ever-enhancing reliance on the law has led to a shift in the responsibility for developing the mores of this nation's social structure. Purposeful goals of personal attitude and rectitude beyond the minimum set by law receive little current popular support. To accept the law as a floor forgives individuals for all behavior which is not pro- hibited by law, and as a necessary corollary permits them to use those minimum legal standards to advance their own purposes. Why has America at this stage seemingly shifted emphasis from that which is right to that which is legal? Has the development of a strong legal profession in this country, unparalleled -2- throughout history in numbers, independence, affluence and influence, contributed to this lamentable trend. It does appear that being right from a legal point of view means to many lawyers that nothing more is required. I surmise that few tell their corporate clients that meeting minimum legal requirements might still not make one entirely right, and then urge self-restraint or counsel repudiation by the client of the right so to act. Individual legal victories vindicating that which meets minimum legal demands, but not necessarily that which is right in the context of the larger society, whether won in the courtroom or in the legislature, can sometimes beultimately as disastrous to a lawyer's clients as winning a battle but losing the war is to a dictator. What are the choices for mitigating this trend? Is law in its present overwhelming dimensions to be curtailed? Shall we simply decide that henceforth only moralistic standards will be utilized to achieve the better life? Of course not neither are acceptable solutions. The only effective response is for indiv- idual Americans to take steps to demonstrate that they themselves are capable of individual self-discipline which is consistent with the realities of both the desired privacy of the individual and the societal orderliness which is essential to the public interest. Of course there are larger risks in a legalistic approach than the inconvenient and vexing imposition of further governmen- tal restrictions on individual privacy. The law cannot and should not provide a response to all social or economic problems. Surely lawyers best know that the law more often lags than leads. -3- Implemented through the political system, the proper role of law is to articulate pre-established norms of a society. The absence of an objective moral order inevitably will lead to a legalistic system in which each person always seeks to use that system in a way to secure the most personal advantage. It is unrealistic to ignore the fact that to date individual performance under existing law can be improved, and I do not ig- nore it. Not all Americans currently are discharging properly their acknowledged responsibilities. Additional efforts to ob- tain individual adherence to the rule of law clearly is warranted. But an enhanced legalistic approach even if accepted does not assure the permanent solution which can be obtained only if people respond substantively. Regrettably, the question most asked today is: Is it legal? - Not: Is it right? To permit pre-emptive law alone thus to es- tablish the entire moral criteria of human beings can only result in a total atrophy of societal responsibility, and perhaps it almost has. As events throughout the world show, a legalistic society which ignores all values other than law is a society in which ultimately both societal orderliness and individual privacy wither away and disappear. Indeed, history has repeatedly demon- strated that no state can long survive if its people assume that conduct not forbidden by law is acceptable conduct. Law should set minimum standards, but not the loftier goals. It can be the bottom, but it must not be the ceiling. If the present legal structure does not provide the philoso- phy needed, where can it be found? The answer lies beyond the law. A sense of responsibility, of values transcending those ar- ticulated by the law, should be applied to decision making. Lawyers and their clients always must consider the essential role of ethics and morality. Lawyers should aspire for higher stan- dards than the minimum from those they counsel. The true rule of law envisions internal checks as a necessary complement to exter- nal restrictions. Only the combination of an internalized value system and external constraints can assure that individuals and their created institutions act responsibly and that the oppos- ing two values, individual privacy and societal orderliness, are accommodated and harmonized. The dominant question for tomorrow's lawyers and their clients, should be: Is it right? Not: Is it legal? Chesterfield Smith Lawyer, Holland & Knight -5- SPEECHES OF CHESTERFIELD SMITH SPEECH NUMBER 284 VOLUME XX THE INSTITUTE OF HUMAN RELATIONS OF THE AMERICAN JEWISH COMMITTEE LEARNED HAND AWARD DINNER JUNE 7, 1988 HYATT CORAL GABLES CORAL GABLES, FLORIDA Dinner Co-Chairmen David L. Paul Chairman and Chief Executive Officer CenTrust Savings Bank Chesterfield Smith Partner Holland & knight YOU WILL HEAR MORE LATER FROM ME ABOUT MY FRIEND - PARKER THOMSON, NOW I WISH TO GIVE YOU THE VIEWS OF A WHITE - ANGLO-SAXON PROTESTANT SOUTHERN TRIAL LAWYER ON OUR SPONSOR - THE AMERICAN JEWISH COMMITTEE, QUITE OBVIOUSLY THE DISTANCE FROM THE 1900s TO THE 1980s CANNOT BE MEASURED IN TIME ALONE. IT MUST ALSO BE VIEWED IN TERMS OF THE VAST POLITICAL ECONOMIC AND SOCIAL CHANGES THAT HAVE TAKEN PLACE SINCE THE TURN OF THE CENTURY, THROUGH THOSE YEARS THE AMERICAN JEWISH COMMITTEE HAS FASHIONED ITS PROGRAMS TO MEET THE NEEDS OF THE TIMES. HISTORY OF COURSE HAS WRITTEN THE AGENDA BUT THE AMERICAN JEWISH COMMITTEE ALWAYS HAS TRIED TO RECOGNIZE PREDICT AND INFLUENCE THE FORCES OF HISTORY. BORN IN 1906 OUT OF THE SHOCK AND OUTRAGE THAT FOLLOWED TWO MURDEROUS POGROMS IN KISHINEV, RUSSIA THE FOUNDING PURPOSE OF THE AMERICAN JEWISH COMMITTEE WAS TO PROTECT THE SAFETY AND SECURITY OF JEWS EVERYWHERE. HOWEVER THE DISTINGUISHED AMERICANS WHO CREATED THE COMMITTEE KNEW THAT ANTI-SEMITISM WAS NOT SOLEY A JEWISH PROBLEM AND THAT THE RIGHTS OF JEWS ARE BEST SAFEGUARDED BY WORKING FOR THE EQUAL RIGHTS OF ALL. THAT POLESTAR PRINCIPLE HAS BEEN THE AMERICAN JEWISH COMMITTEE'S HALLMARK OVER THE DECADES GUIDING ITS GROWTH FROM A SMALL GROUP OF FIFTY FOUNDERS CONCERNED MAINLY WITH RELIEF AND RESCUE OPERATIONS IN BEHALF OF JEWS TO AN ORGANIZATION OF SOME EIGHTY CHAPTERS AND UNITS AND ALMOST 50,000 MEMBERS IN OVER 600 -2- AMERICAN COMMUNITIES; SERVICE WITH OFFICES IN PARIS RIO DE JANEIRO MEXICO CITY AND JERUSALEM AND CORRESPONDENTS IN OTHER KEY CITIES, THAT PRINCIPLE CONTINUES TODAY TO GUIDE THE AMERICAN JEWISH COMMITTEE IN A HOST OF ACTIVITIES AND PROGRAMS DESIGNED TO INCREASE UNDERSTANDING AMONG PEOPLE THE WORLD OVER. THE COMMITTEE'S NATIONAL HEADQUARTERS IN NEW YORK THE INSTITUTE OF HUMAN RELATIONS - SERVES AS A HUB OF RESEARCH AND SOCIAL ACTION IN ALL AREAS OF INTER- GROUP RELATIONS, OVER 200 PROFESSIONALS INCLUDING SPECIALISTS IN COMMUNITY RELATIONS EDUCATION LAW SOCIAL SCIENCE RESEARCH SOCIAL WORK RELIGION FOREIGN AFFAIRS COMMUNICATIONS AND THE MASS MEDIA MAKE UP ITS STAFF. -3- A WASHINGTON OFFICE; AND AN OVERSEAS HERE IN MIAMI THE AMERICAN JEWISH COMMITTEE IS WRAPPING UP THIRTY-FIVE DISTINGUISHED YEARS OF SERVICE TO THE COMMUNITY, THE HIGHLIGHTS ARE MANY THE DIVERSITY ENVIABLE. THE AMERICAN JEWISH COMMITTEE WAS A PRIME MOVER IN THE ESTABLISHMENT OF THE DADE COUNTY COMMUNITY RELATIONS BOARD. IT HAD PREPARED A MAJOR REPORT ON POLICE COMMUNITY RELATIONS PRIOR TO THE LIBERTY CITY RIOTS. DURING DADE COUNTY'S FIRST MAJOR BUDGET CUT IN THE LATE 1970s THE AMERICAN JEWISH COMMITTEE PREPARED AND PRESENTED TO THE METRO-DADE COMMISSION PUBLIC TESTIMONY ON THE IMPACT OF THE CUTS ON HUMAN SERVICES AND THEREFORE INTERGROUP RELATIONS, THE AMERICAN JEWISH COMMITTEE WAS IN THE VANGUARD OF RESOLVING THE DISPUTE WHICH ALLOWED THE MEETING WITH THE POPE TO PROCEED AND FOR THREE -4- YEARS RUNNING HAS GUIDED CATHOLIC-JEWISH AND EVANGELICAL-JEWISH DIALOGUES. STANDING ABOVE ALL OF THIS IS THE AMERICAN JEWISH COMMITTEE'S NOBLE AND UNYIELDING SERVICE TO ITS OWN COMMUNITY, AMERICAN JEWISH COMMITTEE THIS SOUTHERN WASP LAWYER LOOKING AT YOU FROM AFAR LIKES YOU VERY MUCH, TONIGHT THEN UNDER THE AUSPICES OF A DETERMINED DOER THE AMERICAN JEWISH COMMITTEE WE THUS ARE HONORING A DETERMINED DOER - PARKER THOMSON, I ASK THE REV, DR. EDWARD DOUGHERTY TO PRONOUNCE THE INVOCATION AND I INVITE YOU THEREAFTER TO ENJOY YOUR MEAL, THE LEARNED HAND AWARD WAS ESTABLISHED BY THE AMERICAN JEWISH COMMITTEE IN 1964 TO HONOR JUDGE LEARNED HAND ONE OF THE MOST DISTINGUISHED OCCUPANTS EVER OF THE FEDERAL BENCH, JUDGE LEARNED HAND WAS A STAUNCH ADVOCATE BOTH IN HIS LEGAL OPINIONS AND IN HIS PUBLIC REMARKS OF THE IMPORTANCE OF DEMOCRATIC VALUES IN AN ORDERLY SOCIETY, HE TRULY BELIEVED IN THE CONCEPT THAT LIBERTY UNDER LAW FORMS THE FOUNDATION OF THE AMERICAN WAY OF LIFE - AND IN THE OPINION OF MANY HE ARTICULATED THAT CONCEPT IN MORE ELOQUENT WORDS THAN ANYONE ELSE, JUDGE HAND HIMSELF CERTAINLY IS AMONG THE MOST WIDELY ADMIRED AMERICAN JURISTS PERHAPS LEADING THE PACK FOR ALL TIMES, HE WAS AND IS FAMOUS THROUGHOUT THE ENTIRE LEGAL COMMUNITY FOR THE EXTENSIVE RANGE OF DECISIONS WHICH HE TENDERED IN MORE THAN 2,000 CASES ESPECIALLY IN CASES CENTERING ON QUESTIONS OF CONSTITUTIONAL INTERPRETATION AND ANTI-TRUST LEGISLATION. SUPREME COURT JUSTICE FELIX FRANKFURTER ONCE DESCRIBED JUDGE LEARNED HAND AS "AN ENDURING SOURCE OF TRUTH-SEEKING AND ILLUMINATION." IT IS MY SIGNIFICANT HONOR TO BE THE PRESENTOR OF THE LEARNED HAND AWARD TO A GOOD FRIEND AND A TRULY GREAT LAWYER PARKER DAVIDSON THOMSON OF THE MIAMI BAR, PARKER THOMSON AGE 55 IS AND LONG HAS BEEN IN THE PRIVATE PRACTICE OF LAW WITH HIS OWN FIRM PRACTICING IN MIAMI AND THROUGHOUT THE STATE OF FLORIDA, AFTER ATTENDING THE PUBLIC SCHOOLS IN TROY, NEW YORK HE GRADUATED WITH HONORS FROM PRINCETON UNIVERSITY SECURING AN AB, DEGREE. THEN CAME HARVARD UNIVERSITY -2- WHERE HE RECEIVED HIS LAW DEGREE MAGNA CUM LAUDE IN 1958, PARKER THOMSON IS MARRIED TO THE DELIGHTFUL AND CHARMING VANN WHALEY THOMSON AND THEY TOGETHER HAVE HAD FOUR CHILDREN AND SIX GRANDCHILDREN, SINCE ADMISSION TO THE FLORIDA BAR IN 1961 HE HAS PRACTICED LAW IN DADE COUNTY WITH VERVE ENTHUSIASM GREAT ECONOMIC SUCCESS AND PROFESSIONAL AND PUBLIC APPROBATION. HE NOW IS THE SENIOR PARTNER IN A DISTINGUISHED FLORIDA LAW FIRM - THOMSON, ZEDER, BOHRER, WERTH AND RAZOOK, DURING THIS PAST TWENTY-FIVE TURBULENT YEARS PARKER THOMSON HAS SERVED AS PRINCIPAL ATTORNEY IN MULTITUDINOUS ENVIRONMENTAL CIVIL RIGHTS - MEDIA AND COMPLEX CONSTITUTIONAL CASES. THROUGHOUT HIS CAREER - -3- PARKER THOMSON ADMITTEDLY HAS BEEN AN ESTABLISHMENT CORPORATE CIVIL LAWYER YET HE AT THE SAME TIME ALWAYS HAS FOCUSED ON CASES THAT MOST OTHER LAWYERS SIMILARLY SITUATED WOULDN'T TAKE. AS A LAWYER INTERESTED IN SOCIAL AND POLITICAL CHANGE IN MAKING OUR COMMUNITY AND STATE EVER BETTER HE FREELY USED HIS INSIDER'S CREDENTIALS -- HE SPOKE THE LANGUAGE OF THE POWER BROKERS HE UNDERSTOOD THE THOUGHT PROCESSES OF THE GOOD OLD BOYS. WHILE SOMETIMES ADVOCATING CONTROVERSIAL POSITIONS HE AS A TRIAL LAWYER PERSONALLY GOT ALONG WITH ALMOST EVERYONE INCLUDING BOTH JUDGES AND OPPOSING LAWYERS, PROFESSIONALLY HE WAS AND IS A WINNER WITH THE TRADITIONAL CHARACTERISTICS OF THE LAWYER WHO SELDOM LOSES: -4- FIERCE COMPETITIVENESS A CHECKER-PLAYER'S INSTINCT FOR STRATEGY - A THOROUGH GRASP OF THE LAW A PHENOMENAL CAPACITY FOR WORK - BOUNDLESS CONFIDENCE AND THE FACILE ABILITY TO TURN A PHRASE. HIS STYLE WAS AND IS DIRECT SPECIFIC AND UNEQUIVOCAL, IN THE BEST TRADITION OF THE PUBLIC PROFESSION THAT HE AS A YOUNG MAN CHOSE TO PURSUE PARKER THOMSON IS NOW A COMPLETE AND WHOLE TRIAL LAWYER AN AMERICAN TRIAL LAWYER COMMITTED TO CLIENTS TO UNYIELDING REPRESENTATION COMMITTED AS AN ADVOCATE OF BOTH THOSE MULTIPLE AMERICANS WHO OFTEN ARE UNREPRESENTED OR UNDER- REPRESENTED BECAUSE THEY CANNOT AFFORD A GOOD LAWYER AND THOSE MULTIPLE OTHER AMERICANS WHO CAN AFFORD TO PAY THOSE PRINCELY SUMS PARKER THOMSON HAPPILY CHARGES THOSE WELL ABLE TO PAY, -5- IN 1985 THE CHIEF JUSTICE'S LAW FIRM COMMENDATION AWARD WAS GIVEN FOR THE FIRST AND ONLY TIME TO A LAW FIRM TO THOMSON, ZEDER, BOHRER, WERTH, ADORNO & RAZOOK BY THE CHIEF JUSTICE OF FLORIDA TO REFLECT THE FIRM'S HISTORICAL SIGNIFICANT PRO BONO CONTRIBUTIONS INCLUDING THE HANDLING BY PARKER THOMSON OVER MANY YEARS THE STATE AND FEDERAL REAPPORTIONMENT CASES HIS INVOLVEMENT IN OTHER GOVERNMENTAL REFORM CASES REPRESENTING SUCH ORGANIZATIONS AS COMMON CAUSE AND THE FLORIDA LEAGUE OF WOMEN VOTERS HIS EXTENSIVE REPRESENTATION THROUGHOUT THE STATE OF ENVIRONMENTAL ORGANIZATIONS IN PROTECTION OF WET LANDS AND OTHER FLORIDA ECOLOGICAL RESOURCES THROUGH HIS REPRESENTATION NATIONALLY AND LOCALLY OF THE AUDUBON SOCIETY HIS REPRESENTATION OF THE MICCOSUKEE INDIAN TRIBE AGAINST THE STATE OF FLORIDA TO PROTECT THEIR HISTORICAL HOME AREA HIS REPRESENTATION OF THE DISADVANTAGED PRINCIPALLY THE MENTALLY RETARDED AND THE MENTALLY ILL THROUGHOUT THE STATE AND HIS CONTINUOUS AND SUBSTANTIAL REPRESENTATION IN DADE COUNTY OF VARIOUS ARTISTIC ORGANIZATIONS. INDEED THIS TYPE OF LEGAL WORK IS PRESENTLY REFLECTED IN THE LAW FIRM'S EFFORTS TO PREVENT THE USE OF THE KROME MINIMUM SECURITY FACILITY IN SOUTH DADE BY THE UNITED STATES GOVERNMENT TO HOUSE SERIOUS CRIMINALS, PARKER THOMSON TOO OVER THE YEARS HAD ADVANCED THE DEVELOPMENT OF WOMEN'S LEGAL RIGHTS ISSUES HAS REPRESENTED PERSONS UNDER SENTENCE OF DEATH AND TO MY PERSONAL KNOWLEDGE AND EXPERIENCE HAS CONTRIBUTED MIGHTILY TO THE PRESERVATION OF THE PUBLIC USE IN STATE LANDS AND WATERBODIES, -7- PARKER THOMSON AS YOU CAN SEE FROM THE FOREGOING - IS A RESPECTED AND ADMIRED CIVIC AND COMMUNITY LEADER BUT TO ME FIRST AND FOREMOST HE IS A LAWYER, WANT A LAWYER TO ACT AND DO, PA HE ACTS AND DOES AS I PERSONALLY RKER THOMSON AS A LAWYER HAS BEEN AN IRREPRESSIBLE REFORMER UNAFRAID OF CONTROVERSY WHEN IT COMES TO MAKING OUR SOCIETY WORK IN A PROPER WAY. HAPPILY FOR ALL OF US - HE HAS USED THE LAW AS HIS MEDIUM TO EFFECTUATE REFORMS FOR THE PUBLIC GOOD. ALTHOUGH HE IS BY MY OWN PERSONAL STANDARDS STILL RELATIVELY YOUNG PARKER THOMSON IS ALREADY IN THIS COMMUNITY A LIVING LEGEND IN THE LAW A PERSON WHO LIVES BY THE ETHICAL PRECEPTS WHICH HISTORICALLY HAVE GUIDED THE CONDUCT OF THE TRULY GREAT LAWYERS -8- BY HIS PROFESSIONAL CONDUCT BY HIS VERY BEING PARKER THOMSON EPITOMIZES THAT WHICH IS VERY GOOD ABOUT THE FREE AND INDEPENDENT AMERICAN LAWYER. HE HAS BEEN HIS OWN PERSON AND HIS PAST INDICATES THAT HE WILL BE SO IN THE FUTURE. HIS SELECTION AS THE RECIPIENT OF THIS MEANINGFUL AWARD SELECTION BY THE AMERICAN JEWISH COMMITTEE FOR THE JUDGE LEARNED HAND HUMAN RELATIONS AWARD GIVES RECOGNITION ALSO TO THOSE OTHER LAWYERS WHO PRACTICE LAW AS IT SHOULD BE PRACTICED A HIGH CALLING FOR THE NOBLEST OF PEOPLE. PARKER THOMSON VERILY EXEMPLIFIES THE BEST IN AN AMERICAN LAWYER ONE WHO SOMETIMES IS LONELY BUT WHO NEVER SHIRKS STANDING ALONE, WITH PRIDE IN MY OWN PROFESSION I PRESENT TO YOU A TRULY FINE PERSON PARKER DAVIDSON THOMSON. OF OUR PAST AND PRESENT, SPEECHES OF CHESTERFIELD SMITH SPEECH NUMBER 285 VOLUME XX S-d C4 TO: 1988 HOLLAND & KNIGHT S ER AW LERK FROM: CHESTERFIELD SMITH DATE: JULY 21, 1988 One thing is clear to me to be a lawyer at Holland & Knight a person must always give his or her best. All Holland & Knight lawyers legitimately seek from the practice of law personal wealth and power, but those who seek only those two rewards will miss much. I boldly offer the following personal thoughts about being a Holland & Knight lawyer. First, to be a lawyer in the Holland & Knight sense, you must enjoy utilizing creative abilities and imagination in the solu- tion of difficult and challenging intellectual problems. As I see it, the greatest professional pleasure that can come to a Holland & Knight lawyer is to see hard thinking translated into good results for firm clients. A Holland & Knight lawyer should picture himself or herself always as a respected and independent professional, a person of integrity who has established profes- sional standards for deciding what she or he will and will not do as a lawyer. Indeed, each Holland & Knight lawyer always must be ready to be judged by the legal profession, by the public, and by her or his peers at Holland & Knight for those decisions. Second, a Holland & Knight lawyer continuously should be in the forefront of those seeking needed changes or reforms in laws, legal processes, the legal profession, and society. A Holland & Knight lawyer well knows that almost every major societal or pu- blic issue involves law, and that a Holland & Knight lawyer as a committed professional must work diligently through law reform to make law work ever better. Third, I am proud that many lawyers in Holland & Knight have already played significant roles in human and civil rights issues. Quite obviously, the legal profession itself is undergo- ing fundamental changes as it becomes ever more oriented to the bottom line. As large law firms get larger, as the competition for legal business gets fiercer, and as pressures increase to find alternatives to litigation for resolving disputes, Holland & Knight lawyers still must continue to take the lead pro bono pu- blico in the areas of civil and human rights. Holland & Knight lawyers have rightly earned a reputation for such work, tradi- tionally representing people with difficulties and fears that overwhelm them, representing freely and often those enmeshed in frightening legal areas who are either unrepresented or underrepresented. A Holland & Knight lawyer knows, has known, and will know the very special satisfaction that can come to a lawyer when she or he discharges the unique responsibility of providing legal help to people most in need of competent legal services at the time of their greatest vulnerability. Fourth, it is perhaps both trite and smug as a observation - but a Holland & Knight lawyer above all knows that if she or he, and their peers, who have cast their total professional lot with the adversary system of justice, do not individually discharge in a noble way that unique obligation to make the processes of justice work, no one anywhere will accept that responsibility. To be a Holland & Knight lawyer is a very fine thing all of which pleases me greatly after forty years. SPEECHES OF CHESTERFIELD SMITH SPEECH NUMBER 286 VOLUME XX CHESTERFIELD SMITH LAWYER MIAMI, FLORIDA GENDER BIAS? WHEN AND FLORIDA WOMEN'S NETWORK - HYATT REGENCY WESTSHORE - TAMPA, FLORIDA SATURDAY, SEPTEMBER 17, 1988 11:30 A.M. TWENTY MINUTES SUBJECT: WHERE: -2-E^4 REMARKS: TIME: QUITE OBVIOUSLY THE STRUCTURES OF TODAY'S BUSINESS AND PROFESSIONAL WORK-LIFE WERE DEVELOPED WAY BACK BY MEN - DEVELOPED IN THE ERA WHEN THE WORK FORCE WAS PREDOMINANTLY MALE - AND THE DUAL CAREER FAMILY WAS AN ANOMALY, CAREER COMMITMENTS IN VOGUE NOW UNFORTUNATELY WERE CREATED BY MEN WHEN THE PROTOTYPIC WORKING PERSON WAS ONE WHOSE WIFE DEVOTED FULL TIME TO RAISING THEIR CHILDREN AND PROVIDING HIM WITH A WELL-ORGANIZED HOME LIFE. BUSINESS AND PROFESSIONAL WORKERS PROPERLY WERE SEEN ONLY AS BREADWINNERS WITH LITTLE REAL RESPONSIBILITY FOR CHILD CARE, NOT SURPRISINGLY THOSE MALES WHO OPERATE TODAY IN THE BUSINESS AND PROFESSIONAL WORK-WORLDS PERCEIVE FEW PROBLEMS OF GENDER INDEED AS YOU WELL KNOW THOSE MEN DISCRIMINATION THEREIN, ARE MUCH MORE LIKELY TO REGARD THE ISSUES WHICH STILL GREATLY DISTURB WOMEN IN THOSE WORK-WORLDS AS SILLY OR TRIVIAL AS THINGS THAT ONLY USED TO BE AND THEN NOT MUCH, YET THE PROBLEM THOUGH HACKNEYED REMAINS: HOW CAN THOSE MEN NOW BE FORCED TO LISTEN TO AND VALIDATE THE EXPERIENCES AND PERCEPTIONS OF WOMEN? HOW CAN THOSE MEN QUICKLY INCREASE THEIR OWN SENSITIVITY TO THE INNUMERABLE OBSTACLES CONFRONTING WOMEN? HOW CAN THOSE MEN THEMSELVES IDENTIFY WAYS TO ELIMINATE GENDER DISCRIMINATION? CAN THOSE MEN EVER RESOLVE PERSONALLY TO CEASE PARTICIPATING IN PRACTICES THAT OBSTRUCT WOMEN'S FULL BUSINESS AND PROFESSIONAL EQUALITY? THE OVERT EXAMPLES OF GENDER DISCRIMINATION AND THE SUBTLE STRUCTURAL AND ATTITUDINAL BARRIERS -2- WHICH STILL EXIST INSOFAR AS WORKING WOMEN ARE CONCERNED ARE FAMILIAR. WOMEN STILL FACE INSTANCES OF GENDER BIAS SUCH AS PAY DIFFERENTIAL AND BELITTLING AND HARASSING TREATMENT IN MEETINGS. EVERYONE KNOWS THAT, WOMEN CONTINUE TO BE ASKED IN THE HIRING PROCESS UNACCEPTABLE QUESTIONS SUCH AS INQUIRIES AS TO METHODS OF BIRTH CONTROL OR AS TO OBTAINING PERMISSION FROM ONE'S HUSBAND TO WORK, EVERYONE KNOWS THAT. BUT THE WORLD MUST DO MORE THAN ASSIMILATE INTO THE WORK FORCE THOSE WOMEN WHO CAN ADAPT THEIR LIVES COMPLETELY - OFTEN AT GREAT PERSONAL FAMILIAL AND SOCIETAL COST TO FIT BUSINESS AND PROFESSIONAL NORMS, AN EVER-ACCELERATING NUMBER OF WOMEN NOW DEAL WITH MORE PROVERBIAL RESPONSIBILITIES BOTH AT -3- TO MAKE FULL USE OF THE POTENTIAL OF THIS SIGNIFICANT AND INCREASING PERCENTAGE OF THE WORK FORCE - IT IS QUITE APPARENT THAT THE STRUCTURES OF OUR BUSINESS AND PROFESSIONAL INSTITUTIONS MUST BE MODIFIED TO ENSURE THAT SUCH STRUCTURES DO NOT BECOME ANACHRONISMS SO THAT THE WORK FORCE AS IT NOW EXISTS WILL NOT LOSE THE TALENTS OF ITS BEST AND BRIGHTEST WOMEN, PERHAPS IT IS TRITE TO IGNORE THE GREAT STRIDES IN THE PAST TEN YEARS MADE BY WOMEN WITHIN THOSE BUSINESS AND PROFESSIONS - BUT IT WOULD BE UNCONSCIONABLE FOR WOMEN TO BECOME SMUG OR COMPLACENT ABOUT THAT TEN-YEAR PROGRESS, EVEN A CURSORY LOOK REVEALS THAT THE BUSINESS AND PROFESSIONAL WORK FORCE STILL IS STRATIFIED BY HOME AND AT THE OFFICE. THE "HIGHER" ECHELON POSITIONS IN TERMS OF REMUNERATION - POWER AND PRESTIGE ARE STILL DISPROPORTIONATELY HELD BY MEN AND MEN AND WOMEN BOTH KNOW IT, EVEN THOUGH SUFFICIENT NUMBERS OF WOMEN HAVE BEEN PARTICIPATING IN BUSINESS AND THE PROFESSIONS LONG ENOUGH TO HAVE MADE GREAT INROADS WOMEN PROVERBIALLY REMAIN OVERREPRESENTED IN THE LEAST LUCRATIVE SEGMENTS OF THE WORK FORCE. INDEED WOMEN EVEN TODAY IN MANY BUSINESSES OR PROFESSIONAL FIRMS SEEM TO REACH A LEVEL ABOVE WHICH THEY ARE UNABLE TO RISE. SOME HAVE DESCRIBED THIS BANAL PHENOMENON AS THE "CEILING", FOR THOSE WOMEN WHO DO "MAKE IT" BEYOND THE "CEILING" THE CONSEQUENCES ARE OFTEN THE STRESSES THAT ACCOMPANY BEING A CONSTANT TOKEN WITH THE EXTRA DEMANDS THAT STATUS ATTRACTS. GENDER, SUCCESSFUL WOMEN EXECUTIVES OR PROFESSIONAL PARTNERS ARE NOT REGARDED AS MERELY EXECUTIVES OR PROFESSIONAL PARTNERS BUT AS WOMEN EXECUTIVES OR WOMEN PROFESSIONAL PARTNERS SUPPOSED SYMBOLS TO THEIR MALE COLLEAGUES OF HOW ALL WOMEN WILL PERFORM IN SUCH POSITIONS, FURTHERMORE THOSE WORKING WOMEN WHO DO "MAKE IT" OFTEN DO SO AT THE GREAT EXPENSE OF NOT HAVING CHILDREN, AS ONE SUCCESSFUL WOMAN RECENTLY OBSERVED SHE FOUND HERSELF WHEN SHE REACHED THE TOP TO BE "FORTY-ONE SINGLE CHILDLESS AND TYPICAL", I AM NOT TELLING YOU ANYTHING BECAUSE ALL OF THIS IS WHOLLY FAMILIAR TO ALL WORKING WOMEN. SOME VERY TALENTED WORKING WOMEN APPEAR TO HAVE DEVELOPED AN EXTREME REACTION TO THIS "CEILING" PHENOMENON. FOR MANY WOMEN THE "CEILING" SEEMS VERY OFTEN TO LEAD TO DISSATISFACTION WITH THEIR PRESENT JOB AND A CONTINUING SEARCH FOR A BETTER SITUATION. A TRADITIONAL YET OBVIOUS RESPONSE OF BOTH BUSINESS AND PROFESSIONAL FIRMS TO THE SUBTLE BARRIERS OFT IDENTIFIED BY WORKING WOMEN HAS BEEN TO DENY THAT GENDER BIAS EXISTS IN THEIR SPECIFIC FIRMS. THE IMPLICATION ALWAYS IS THAT THE FIRM IS BLAMELESS AND THE WOMEN THEMSELVES PERHAPS ARE RESPONSIBLE. WOMEN TOO ARE TOLD THEY ARE NOT AGGRESSIVE ENOUGH IN PROMOTING THEMSELVES - WHILE SIMULTANEOUSLY BEING CRITICIZED AS TOO PUSHY, EXPERIENCED THAT? WHO HASN'T WOMEN ARE TOLD THAT THEY ARE TOO SENSITIVE WHEN THEY DO NOT ACCEPT SEXIST JOKES WITH GRACE, EXPERIENCED THAT? WHO HASN'T WOMEN'S CAREER COMMITMENTS STILL ARE QUESTIONED -7- WHEN THEY ASK FOR SOME RECOGNITION OF THEIR FAMILY RESPONSIBILITIES, I SHARE AT LEAST SOME GUILT AND MAYBE A LOT. ALMOST ALL MEN DO, IT IS WIDELY CONCEDED THAT THE DISPARATE BEHAVIOR WHICH WOMEN IN THE WORK-WORLD ENCOUNTER IS VARIED YET EXTENSIVE, SUCH WOMEN AT WORK FREQUENTLY ARE ADDRESSED BY TERMS OF ENDEARMENT - RATHER THAN BY THEIR PROFESSIONAL TITLES, WHO HASN'T EXPERIENCED THAT? BUSINESS AND PROFESSIONAL MALE COLLEAGUES EVERYWHERE FREQUENTLY COMMENT ABOUT WOMEN'S PHYSICAL APPEARANCE THEIR CLOTHING AND THEIR SEXUAL ATTRACTIVENESS, EXPERIENCED THAT? WHO HASN'T WOMEN'S DEMEANOR ON THE JOB IS LIKELY TO DRAW FAR MORE COMMENTS YET SIMILAR OR EVEN MORE AGGRAVATED CONDUCT BY MALES MAY GO UNMENTIONED, WE ALL KNOW THAT SUCH CONDUCT OFTEN -8- IS FLAGRANT RESULTING IN MORE THAN PERSONAL EMBARRASSMENT, UNDERCUTS BUSINESS CREDIBILITY AND PROFESSIONALISM. EVEN THE MOST SUBTLE SUCH CONDUCT CANNOT HELP BUT HAVE AN IMPACT WHEN A WORKING WOMAN IS PERCEIVED BY OTHERS AS BEING TREATED WITH LESS DIGNITY THAN HER MALE COMPATRIOTS, DOUBLE BIND. THE WOMAN IS CAUGHT IN A IF SHE OBJECTS TO THE CONDUCT SHE IS A "LIBBER", IF SHE LETS IT GO SHE IS WEAK. BIASED TREATMENT OF YOUNG WORKING WOMEN OFTEN IS CLEARLY SHOWN IN THE AREA OF MENTORING A WOMAN BEGINNING A CAREER USUALLY FACES MUCH MORE DIFFICULTY IN ESTABLISHING MENTORING RELATIONSHIPS WITH SENIOR EXECUTIVES OR PROFESSIONAL PARTNERS THAN A BEGINNING MALE. A SHORTAGE OF MENTORS IS PARTICULARLY ACUTE -9- FOR MINORITY WOMEN WHO RARELY HAVE ROLE MODELS, MENTOR RELATIONSHIPS MAY RESULT IN PROBLEMS WITH WORK ASSIGNMENTS - A FAILURE FOR WOMEN TO BE CONSIDERED FOR VARIOUS POSITIONS OF HIGHER RESPONSIBILITY AN ABSENCE OF A GUIDE THROUGH THE LABYRINTH OF CORPORATE OR FIRM POLITICS AND HELP IN BUSINESS DEVELOPMENT OR BUSINESS CONTACTS. SOME WOMEN REPORT BEING STILL FROZEN OUT IN THEIR FIRMS FROM WORK DISCUSSIONS AND PROFESSIONAL AND BUSINESS SOCIALIZATION. WHO HASN'T EXPERIENCED THAT? SUCH EXCLUSION OF COURSE MAY STEM FROM UNCERTAINTY OF MEN ABOUT HOW TO ENGAGE IN WORK CAMARADERIE WITH A WOMAN BUT ACQUIESCING BY WOMEN IN THAT BEHAVIOR ONLY PERPETUATES THAT UNFAMILIARITY, WOMEN ARE OFTEN NOT INCLUDED -10- ABSENCE OF WHEN MALE COLLEAGUES GO OUT FOR LUNCH OR FOR DRINKS AFTER WORK - EVEN IF FIRM BUSINESS IS GOING TO BE DISCUSSED, MALE COLLEAGUES OFTEN CONDUCT WORK DISCUSSIONS IN SETTINGS LIKELY TO EXCLUDE WHO HASN'T EXPERIENCED THAT? YET ALL OF US MEN AND WOMEN KNOW THAT THESE SETTINGS OFTEN PROVIDE THE STARTING POINT FOR DEVELOPMENT OF BUSINESS CONTACTS PROFESSIONAL TRUST - AND COLLEGIALITY, THE PROBLEMS OF PROFESSIONAL EXCLUSION APPEAR TO BE ESPECIALLY ACUTE IN SMALL BUSINESSES IN SMALLER TOWNS - WHERE WORKING WOMEN ON THE WAY UP STILL ARE A RARITY, THERE IS A WIDESPREAD PERCEPTION IN MANY BUSINESS AND PROFESSIONAL FIRMS THAT WOMEN WILL NOT BE SUCCESSFUL NEW BUSINESS PRODUCERS EVEN THOUGH SUCH BUSINESSES AND FIRMS CONTINUE TO -11- WOMEN. EXCLUDE WOMEN FROM SOCIAL ENVIRONMENTS WHERE NEW BUSINESS CONTACTS CAN BE NURTURED. THE USE OF THE NEW BUSINESS PRODUCTION CRITERIA AS AN EVALUATION STANDARD BY A FIRM SEEMS TO BE A YARDSTICK FAR MORE COMMONLY APPLIED TO WOMEN THAN MEN. FEW BUSINESS EXECUTIVES OR PROFESSIONALS ANYWHERE MEN OR WOMEN EVER ACQUIRE PROFICIENCY IN THAT AREA AND TO HOLD ALL WOMEN BEGINNING IN THE WORK FORCE UP TO EXCESSIVE SCRUTINY ON THAT SCORE IS A FORM OF COMMON YET RANK GENDER BIAS. ANOTHER SUBTLE FORM OF BIAS WOMEN EXPERIENCE CONCERNS THE GREATER DEGREE OF SCRUTINY GIVEN TO THEIR INDIVIDUAL WORK STYLES, I PERSONALLY BELIEVE THAT OVERALL WOMEN STILL HAVE TO WORK HARDER DO BETTER AND MAKE FEWER MISTAKES IN ORDER TO RECEIVE EVEN THE SAME DEGREE OF RESPECT RECEIVED BY MEN OF -12- AVERAGE SKILL COMPETENCE AND DILIGENCE. COMPLAINED TO ME THAT IN SOME BUSINESS AND PROFESSIONAL FIRMS WOMEN MUST PROVE THEIR COMPETENCE WHILE MEN ONLY HAVE TO PROVE THEIR IMCOMPETENCE. TODAY THE FAMILIAR ATTITUDES OF THE BUSINESS AND PROFESSIONAL WORLD DEVELOPED IN THAT ERA NO LONGER REPRESENTATIVE OF AMERICAN SOCIETY CONTINUE TO POSE LARGE PROBLEMS FOR WORKING WOMEN AS ALL MEN AND WOMEN KNOW, THESE BANAL CULTURAL NORMS ARE NOT EVEN THOUGHT ABOUT BY THE GROUP WHO ORIGINALLY DESIGNED THEM TO FIT THEIR OWN CONCEPTS. BUT FOR WORKING WOMEN THOSE ESTABLISHED NORMS ADMITTEDLY STILL REPRESENT THE SUBTLE ATTITUDINAL BARRIERS UNCOMFORTABLY ENCOUNTERED ON A DAILY BASIS. THEY ARE THE -13- WOMEN ACTUALLY HAVE PROBLEMS THAT HAVE NO NAME THEY HAVE NO GOOD DESCRIPTION AND MOST MEN DO NOT EVEN RECOGNIZE THEM AS EXISTING. MEN RATHER PERCEIVE THOSE ISSUES AS THE INEVITABLE AND NECESSARY NORMS TO WHICH ALL WORKERS MEN AND WOMEN MUST ADAPT IN THE IDENTICAL DEGREE. ALL OF THE FOREGOING FAMILIAR TO ALL AND ACKNOWLEDGED GENERALLY BY WOMEN TO BE THE WAY THAT IT IS IN THE REAL WORLD - IS PRESENTED HERETO TODAY ONLY AS A PREDICATE FOR THE FOLLOWING THESIS: IN WRESTLING WITH SUCH RIDDLES MEN AND WOMEN ARE NOT DEALING WITH ONLY "WOMEN'S ISSUES" BUT WITH UNANSWERED SOCIETAL ISSUES THAT SHOULD BE OF INTEREST TO ALL HUMAN BEING. CAN SUCCESSFUL BUSINESS OR PROFESSIONAL PEOPLE TODAY HAVE A SATISFACTORY -14- HOW CAN BUSINESS AND THE PROFESSIONS BE MORE HUMANE TO ALL PEOPLE MEN AND WOMEN WHO WORK THERE? ALTHOUGH MANY SUCH ISSUES WERE ORIGINALLY RAISED IN THE CONTEXT OF THE WORK STATUS OF WOMEN MANY OF THOSE ISSUES SUCH AS CHILD CARE NOW TRANSCEND GENDER LINES EVEN THOUGH I FREELY GRANT THAT THOSE RESPONSIBILITIES STILL FALL DISPROPORTIONATELY ON WOMEN, FOR BUSINESS AND PROFESSIONAL PEOPLE WHO HAVE PRIMARY RESPONSIBILITY FOR CHILDREARING BE THEY MEN OR WOMEN WORKPLACE ISSUES QUITE CLEARLY ARE NOT SIMPLY WOMEN'S ISSUES, THEY ARE OVERRIDING ISSUES OF CRUCIAL IMPORTANCE TO ALL SUCH MEN AND WOMEN IN THE WORK WORLD. THESE ISSUES AT THE MINIMUM INCLUDE THE NEED TO DEVELOP PARENTAL LEAVE CHILD CARE AND PART-TIME WORK -15- PERSONAL LIFE? ARRANGEMENTS FOR BOTH MOTHERS AND FATHERS, I PERSONALLY BELIEVE THAT MORE AND MORE MALES ARE STARTING ACTIVELY TO BE INVOLVED WITH THEIR FAMILIES, WORKING MEN REALLY ARE STARTING TO EVALUATE THEIR OWN OCCUPATIONAL SETTINGS BASED ON THEIR ACCOMMODATION TO FAMILY RESPONSIBILITIES. A PRIME BARRIER TO THE ACHIEVEMENT OF A HEALTHY BALANCE BETWEEN GAINFUL PURSUITS AND FAMILY RESPONSIBILITIES IS THE ELIMINATION OF A WIDELY-ACCEPTED ASSUMPTION OF BOTH WOMEN AND MEN THAT FAMILY RESPONSIBILITIES ARE NOT AN ACCEPTABLE REASON TO ASK FOR WORK SCHEDULING ADJUSTMENTS, MANY WOMEN AND MOST MEN STILL ASSUME THAT THOSE WORKERS WHO ASK FOR AN EXTENDED LEAVE OR PART-TIME WORK ARRANGEMENTS ARE DISPLAYING A REDUCED JOB COMMITMENT ARE RECEIVING "SPECIAL TREATMENT". INDEED - -16- THAT "SPECIAL TREATMENT" OFTEN SUBJECTS THESE PERSONS TO RESENTMENT FROM BOTH MALE AND FEMALE CO-WORKERS, THE BUSINESS AND PROFESSIONAL WORLD SIMPLY DOES NOT YET RECOGNIZE THAT MEN OR WOMEN WHO SEEK TO BALANCE FAMILY RESPONSIBILITIES WITH WORK DEMANDS ARE ONLY DEMONSTRATING THE DEPTH OF THEIR CAREER COMMITMENT BECAUSE THEY INDIVIDUALLY ARE TRYING TO FIND A WAY TO REMAIN ACTIVELY ENGAGED IN THEIR CAREER WHILE STILL MEETING OTHER ESSENTIAL NEEDS, HAVING CHILDREN IS SOCIETALLY IMPORTANT TO THE NATION AND THE WORLD AND THAT FACT SHOULD BE RECOGNIZED PROMPTLY AS WARRANTING FLEXIBLE WORK ARRANGEMENTS FOR BOTH WOMEN AND MEN, INDIVIDUAL MEN AND WOMEN KNOW THAT BUT IT APPEARS THAT BUSINESS AND PROFESSIONAL FIRMS SEVERALLY DO NOT. -17- THE AVAILABILITY OF SOME FORM OF DAY-CARE ASSISTANCE - AT LEAST ON AN EMERGENCY BASIS SHOULD BE PROVIDED FOR WORKING PARENTS BY BOTH BUSINESS AND PROFESSIONAL FIRMS, DAY-CARE ASSISTANCE FOR BOTH MEN AND WOMEN OFTEN MEANS THE DIFFERENCE BETWEEN EACH SUCCESSFULLY PARTICIPATING FULLY IN THE WORK-WORLD - OR HAVING TO MAKE DISADVANTAGEOUS SACRIFICES, MANY WOMEN - FACED WITH THE DIFFICULTY OF COMBINING WORK AND FAMILY POSTPONE MARRIAGE AND CHILDBEARING UNTIL THEIR CAREERS ARE WELL-ESTABLISHED - AT WHICH POINT IT MAY BE TOO LATE FOR CHILDBEARING. USUALLY WAIT THAT LONG, MEN DO NOT CONFLICT BETWEEN FAMILY LIFE AND CAREER IS GENERALLY NOT THE SUBSTANTIAL DILEMMA FOR YOUNG MALES THAT IT IS FOR YOUNG FEMALES, -18- A FINAL RESOLUTION OF THOSE ISSUES FOR BOTH MEN AND WOMEN REQUIRES THAT THE QUESTIONS BE FRAMED IN A LARGER CONTEXT - THAT IS THE ULTIMATE DIRECTIONS OF THE BUSINESS EXECUTIVES AND THE PROFESSIONAL PARTNERS THEMSELVES, A NEW "BOTTOM-LINE" ORIENTED ATMOSPHERE IN BOTH BUSINESS AND THE PROFESSIONS IS PERVASIVE. EXCESSIVE WORK HOURS PER YEAR FOR ALL WORKERS STRIVING TO RISE TO THE TOP ARE NO LONGER UNCOMMON, HOW CAN ANY MALE OR fEMALE COMBINE SUCH PROFESSIONAL DEMANDS WITH OUTSIDE RELATIONSHIPS WITH CHILDREN WITH PERSONAL FULFILLMENT AND SATISFACTION? IT SEEMS TO ME THAT THE GROWING PRESSURES ON INDIVIDUALS IN BUSINESS OR PROFESSIONAL FIRMS INORDINATELY TO BE SUCCESSFUL COULD IN TIME RESULT IN PERSONS BECOMING DEHUMANIZED, -19- THEY ULTIMATELY MAY BECOME UNABLE TO RELATE WITH COMPASSION TO ASSOCIATES COLLEAGUES AND EVEN FAMILY MEMBERS. IF SO THE GREATEST CONTRIBUTION TO THE IMPROVEMENT OF BOTH BUSINESS AND THE PROFESSIONS THAT CAN BE MADE IS TO CAUSE THOSE INVOLVED TO LOOK CAREFULLY AT ITS STRUCTURE AND ASK WITH VIGOR WHETHER THEY ARE SATISFIED WITH THEIR PRESENT DIRECTION, WHILE MANY MEN AND WOMEN INVOLVED IN THE TRADITIONAL FORMS OF BUSINESS AND PROFESSIONAL WORK ARE TRYING TO FIND A SUITABLE WORK SETTING WHERE THEY CAN BE BOTH GOOD AND RESPONSIBLE HUMAN BEINGS AND GOOD WORKERS SOME DISILLUSIONED MEN AND WOMEN SIMPLY ARE APPLYING THEMSELVES TO OTHER ENDEAVORS, IF BUSINESS AND PROFESSIONS ARE IN THE FUTURE TO RETAIN -20- AND ATTRACT COMPETENT WELL-ROUNDED PEOPLE PEOPLE WHO ARE INTERESTED IN BEING MORE THAN TWENTY-FOUR-HOUR-A-DAY WORKAHOLICS PEOPLE WHO DERIVE PROFESSIONAL GROWTH FROM OUTSIDE CONTACTS IT IS ESSENTIAL THAT BOTH BUSINESS AND THE PROFESSIONS CAREFULLY RE-EXAMINE WHERE THEY ARE HEADED. THE ISSUE MAY BE SIMPLY SURVIVAL AND EVEN SANITY, TO CONCLUDE I SUGGEST THAT DESPITE THE EXPONENTIAL GROWTH IN THE NUMBER OF WOMEN ENTERING THE BUSINESS AND PROFESSIONAL WORLD IN RECENT YEARS A VARIETY OF DISCRIMINATORY GENDER BARRIERS REMAIN A PART OF THE WORK CULTURE THAT MAKE IT DIFFICULT FOR WOMEN TO PARTICIPATE FULLY IN ITS WORK RESPONSIBILITIES AND REWARDS, A SIGNIFICANT AND EVER-ACCELERATING INCREASE IN THE NUMBER OF -21- WORKING WOMEN WILL NOT ALONE ELIMINATE THESE BARRIERS. RATHER A THOROUGH REEXAMINATION OF THE ATTITUDES AND STRUCTURES IMPACTING ALL HUMAN BEINGS MEN OR WOMEN OPERATING AS PART OF THE WORK WORLD IS IN ORDER. INDEED IT IS AN IMPERATIVE NECESSITY THAT SUCH PROMPTLY BE UNDERTAKEN AND PERHAPS IT IS EQUALLY IMPORTANT TO BOTH WOMEN AND MEN, THANK YOU, -22- SPEECHES OF CHESTERFIELD SMITH SPEECH NUMBER 287 VOLUME XX REMARKS OF: CHESTERFIELD SMITH LAWYER MIAMI, FLORIDA BEFORE: PLACE: RETIREMENT CEREMONIES FOR JUDGE FRANK ORLANDO BROWARD COUNTY BAR ASSOCIATION FORT LAUDERDALE, FLORIDA THURSDAY, OCTOBER 20, 1988 6:30 P.M. DATE: FIVE MINUTES -,- ~.r TIME: CIRCUIT JUDGE FRANK ORLANDO IS TO ME A GOOD MAN AND A GOOD JUDGE TRULY A PERSON WITH A MYRIAD OF INTERESTS AND ABILITIES. JUDGE FRANK ORLANDO SETS OFTEN IMPOSSIBLE STANDARDS FOR HIMSELF - INDEED IT HAS BEEN SAID BY ONE NON-DISCERNING LAWYER FROM BROWARD COUNTY THAT HE IS NEVER REALLY SATISFIED WITH ANYTHING THAT HE OR ANYONE ELSE DOES, JUDGE FRANK ORLANDO IS A GREGARIOUS MAN, A TALKER - HE REQUIRES HE MUST HAVE AT LEAST PART OF THE TIME AN AUDIENCE, PRAGMATISM. OVER THE YEARS I HAVE NOTED IN HIM A THOROUGHGOING BUT EVEN MORE SIGNIFICANTLY WHEN THE DUTY TO ACT IS CLEAR JUDGE FRANK ORLANDO HAS NOT BEEN DETERRED BY PUBLIC CRITICISM OR PUBLIC DISFAVOR, AS I SEE HIM JUDGE FRANK ORLANDO REALLY IS A MODEST MAN WHO BELIEVES THAT ONE WHO DOES HIS BEST CAN ENLIST THE SUPPORT OF OTHERS AND SUCCEED. H IN THE INHERENT GOOD OF ALL, E IS AN OPTIMISTIC PERSON TRUSTING AND I FEEL THAT HE EVEN TO THIS DAY AND THIS MOMENT CONTINUES TO BELIEVE THAT RIGHT AND GOODNESS - AND JUSTICE ULTIMATELY WILL PREVAIL. DURING HIS JUDICIAL SERVICE HE HAS TO ME CARRIED THE COMMON TOUCH A RESPECT FOR THE AVERAGE PERSON AND A FEELING THAT EQUALITY AND UNIFORMITY ARE THE PRINCIPLES THAT A JUDGE MUST STRIVE TO PROMOTE, HE IS COMPASSIONATE AND UNDERSTANDING CONSCIENTIOUS AND FAIR-MINDED, HE IS NOT LOCKED IN REASON PREVAILS. VERILY JUDGE FRANK ORLANDO LOVES AND HAS LOVED THE LAW IN ALL OF ITS RAMIFICATIONS -2- ALL OF HIS ADULT LIFE. FRANK ORLANDO IS A FLORIDIAN ALWAYS WILLING TO SERVE OUR STATE AND ITS INSTITUTIONS. HE IS AND HAS BEEN ACTIVE IN COUNTLESS CIVIC AND SERVICE ORGANIZATIONS, IT CAN HONESTLY BE SAID THAT FRANK ORLANDO HAS GIVEN TO OUR STATE AND OUR REGION MORE THAN HE HAS RECEIVED, HE OF COURSE HAS HIS FAULTS BUT ON BALANCE I PERCEIVE HIM AS ONE OF THE FINE JUDGES PRODUCED BY BROWARD COUNTY. IT IS RARE INDEED FOR ANY ONE PERSON TO COMBINE THE SKILLS AND HUMAN VIRTUES WITH WHICH HE IS ENDOWED. HE IS BLESSED WITH FRIENDS AND WITH FAMILY. JUDGE FRANK ORLANDO IS AN ILLUSTRIOUS MAN INELUCTABLY - HE IS A NOBLE SON OF FLORIDA. I SALUTE HIM, -3- SPEECHES OF CHESTERFIELD SMITH SPEECH NUMBER 288 VOLUME XX CHESTERFIELD SMITH LAWYER MIAMI, FLORIDA OCCASION: PRESENTATION TO JOHN GERMANY OF THE 1988 CHESTERFIELD SMITH PARTNER AWARD FRIDAY, OCTOBER 21, 1988 TAMPA, FLORIDA DATE: REMARKS OF: PLACE: JOHN GERMANY THE 1988 HOLLAND & KNIGHT LAWYER OF THE YEAR IS A LAWYER IN THE BEST SENSE, I MAKE NO APOLOGY FOR MY OVERWHELMING SENSE OF PERSONAL PRIDE IN KNOWING THAT HE FOR TONIGHT BEARS THE TITLE CHESTERFIELDD SMITH LAWYER," DURING THE ALMOST FORTY YEARS THAT I HAVE KNOWN HIM IT HAS SEEMED TO ME THAT HE UTILIZES HIS CREATIVE ABILITIES AND IMAGINATION AS WELL AS ANYONE TO THE SOLUTION OF DIFFICULT AND CHALLENGING LEGAL PROBLEMS, AS I TODAY SEE IT HE HAS RECEIVED HIS GREATEST PROFESSIONAL PLEASURE OVER THE PAST TWENTY YEARS IN WHICH I HAVE PERSONALLY PRACTICED WITH HIM BY SEEING HIS OWN HARD WORK TRANSLATED INTO GOOD RESULTS FOR HOLLAND & KNIGHT CLIENTS. ALWAYS HE HAS PICTURED HIMSELF AS AN INDEPENDENT LAWYER A PERSON OF PROFESSIONAL INTEGRITY WHO HAS ESTABLISHED HIS OWN HIGH STANDARDS FOR DECIDING WHAT HE WILL AND WILL NOT DO AS A LAWYER. INDEED - JOHN GERMANY CHESTERFIELDD SMITH 1988 LAWYER" ALWAYS HAS BEEN READY TO BE JUDGED BY THE LEGAL PROFESSION BY THE PUBLIC AND BY HIS PEERS AT THIS LAW FIRM FOR THOSE DECISIONS, JOHN GERMANY CONTINUOUSLY HAS BEEN IN THE FOREFRONT OF THOSE SEEKING NEEDED CHANGES IN LAWS IN LEGAL PROCESSES IN THE LEGAL PROFESSION AND IN THE SOCIETY AND THE COMMUNITY, HE WELL KNOWS AND HAS ALWAYS RECOGNIZED THAT ALMOST EVERY MAJOR SOCIETAL OR PUBLIC ISSUE INVOLVES LAW AND THAT AS A COMMITTED PROFESSIONAL HE MUST WORK AND HAS WORKED DILIGENTLY TO MAKE LAW WORK EVER BETTER FOR HIS CLIENTS AND FOR HIS -2- NATION AND HIS STATE AND HIS COMMUNITY. I PERSONALLY AM PROUD AS ARE YOU THAT JOHN GERMANY OVER MANY YEARS HAS PLAYED SIGNIFICANT ROLES IN PUBLIC AFFAIRS IN POLITICS IN THE LEGAL PROFESSION IN HUMAN AND CIVIL RIGHTS ISSUES IN TAMPA IN HILLSBOROUGH COUNTY IN FLORIDA AND IN OUR NATION, QUITE OBVIOUSLY THE PRACTICE OF LAW AND HOLLAND & KNIGHT ITSELF IS UNDERGOING FUNDAMENTAL CHANGES AS IT BECOMES EVER MORE ORIENTED TO THE BOTTOM LINE, BUT AS LARGE LAW FIRMS GET LARGER AS THE COMPETITION FOR LEGAL BUSINESS GETS FIERCER AND AS PRESSURES INCREASE TO FIND ALTERNATIVES TO LITIGATION FOR RESOLVING DISPUTES JOHN GERMANY STILL HAS CONTINUED TO TAKE THE LEAD PRO BONO PUBLIC IN THE AREAS OF CIVIC IMPROVEMENT AND HUMAN RIGHTS, KNIGHT LAWYERS EVERYWHERE HAVE RIGHTLY EARNED A REPUTATION FOR SUCH WORK TRADITIONALLY REPRESENTING PEOPLE WITH FEARS THAT OVERWHELM THEM REPRESENTING FREELY AND OFTEN THOSE ENMESHED IN FRIGHTENING AND DIFFICULT LEGAL AREAS WHO ARE EITHER UNREPRESENTED OR UNDERREPRESENTED NO ONE IN OUR FIRM HAS MORE CONTRIBUTED TO THAT REPUTATION THAN JOHN GERMANY, HE LONG HAS PRIVATELY ENJOYED THE VERY SPECIAL SATISFACTION THAT COMES TO THE LAWYER WHO DISCHARGES THE UNIQUE RESPONSIBILITY OF PROVIDING LEGAL HELP TO PEOPLE AT THE TIME OF THEIR GREATEST VULNERABILITY - AND HE CONTINUES TO DO SO, IT IS PERHAPS SMUG AS AN OBSERVATION BUT JOHN GERMANY - -4- WHILE GENERALLY HOLLAND & AS ONE WHO HAS CAST HIS TOTAL PROFESSIONAL LOT WITH THE ADVERSARY SYSTEM OF JUSTICE HAS DISCHARGED IN TRULY A NOBLE WAY HIS OBLIGATION ASSUMED LONG AGO TO MAKE THE PROCESSES OF JUSTICE WORK, HE ACCEPTED THAT OBLIGATION WITHOUT RESERVATION MANY YEARS AGO IN 1950 WHEN HE BECAME A TRIAL LAWYER HE REAFFIRMED IT WITHOUT RESERVATION WHEN HE WAS IN 1959 INVESTED AS A DISTINGUISHED AND HIGHLY COMPETENT STATE TRIAL JUDGE, HE HAS LIVED IT - WITHOUT RESERVATION SINCE 1968 WHEN HE BECAME A SENIOR HOLLAND & KNIGHT PARTNER. IT IS JOHN GERMANY AND THOSE OTHER HOLLAND & KNIGHT LAWYERS WHO SINCE 1968 HAVE SHARED IN COMMON HIS PURPOSES - HIS GOALS HIS FRIENDSHIP HIS ASPIRATIONS JOHN GERMANY AND ALL OF HIS PARTNERS LAWYERS WHO COLLEGIALLY HAVE ACCEPTED THE -5- DUTIES WHICH COME WITH THE LEGAL MANTLE LAWYERS WHO HAVE TAUGHT ME TO BELIEVE THAT THE PRACTICE OF LAW IS GREAT THAT IT IS THE ONLY GOOD WAY TO MAKE A LIVING. PERSONALLY AND ON BEHALF OF ALL OF THE FINE LAWYERS OF HOLLAND & KNIGHT WHO HAVE BEEN HONORED OVER THE YEARS BY CLOSE ASSOCIATION WITH JOHN GERMANY BY LAWYERS EVERYWHERE WHO LOVE AND REVERE THE LAW I EXTEND AFFECTION CONGRATULATIONS - AND A PERSONAL SENSE OF PRIDE TO JOHN GERMANY FOR THE ACCOLADE GIVEN TO HIM BY HIS LAW FIRM TONIGHT. IT IS OF COURSE APPROPRIATE THAT WE HEAR FROM THIS ESTEEMED AND EXEMPLARY LAWYER, I NOW PRESENT TO YOU FOR YOUR RECOGNITION AND APPLAUSE THE 1988 CHESTERFIELD SMITH LAWYER - JOHN GERMANY. -6- SPEECHES OF CHESTERFIELD SMITH SPEECH NUMBER 289 VOLUME XX ADDRESS OF: BEFORE: DATE OF DELIVERY: CHESTERFIELD SMITH LAWYER MIAMI, FLORIDA TRIBUTE TO UNITED STATES SENATOR LAWTON M, CHILES BEFORE FLORIDA CHAMBER OF COMMERCE - HYATT REGENCY WESTSHORE TAMPA, FLORIDA FRIDAY, OCTOBER 28, 1988 12:00 NOON 2:00 P.M. TEN MINUTES . s TIME: LAWTON MAINOR CHILES MY LONGTIME LOW-KEY LAID BACK FRIEND NOW ONE OF THE NATION'S TRULY GREAT MEN HAS ENJOYED A SPLENDID LIFE. TO HIS FRIENDS HE IS A GOOD MAN WHO JUST HAPPENS AMONG OTHER THINGS TO BE A SIGNIFICANT UNITED STATES SENATOR. IT THUS IS WHOLLY FITTING THAT THE FLORIDA CHAMBER OF COMMERCE PAYS TRIBUTE TO HIS THIRTY YEARS OF DEDICATED PUBLIC SERVICE. LA //f /A/i LAWTON CHILES WAS BORN ON APRIL 3, 1930 IN I - AMONG THE SPRAWLING OAKS OF STURDY POLK COUNTY A THIRD GENERATION FLORIDAN. HE MARRIED RHEA GRAFTON CHILES IN 1951. SIMPLY PUT I TOO LOVE RHEA CHILES. SHE LIKE LAWTON HAS BEEN ONE OF MY WARMEST FRIENDS FOR MORE THAN TWENTY-FIVE YEARS. RHEA AND LAWTON HAVE FOUR FINE CHILDREN TANDY LAWTON, II.I (BUD) - ED AND RHEA GAY. WHILE LAWTON CHILES IS NOW A LIVING LEGEND IT WAS NOT ALWAYS SO, AS A CLOSE OBSERVER DURING HIS YEARS OF PUBLIC SERVICE - -2- I A~ KNOWN ALWAYS THAT HE IS EXCEPTIONAL BUT THE LEGEND AND THE NATIONAL ACCLAIM ONLY BEGAN IN 1970 WHEN HE BECAME KNOWN AS "WALKING LAWTON". WALKING MORE THAN 1000 MILES ACROSS FLORIDA - HE SET A STYLE FOR CAMPAIGNING THAT SOON TURNED POLITICIANS ALL OVER AMERICA INTO JOGGERS AND WALKERS. THE REFRESHING SIMPLISTIC LAWTON CHILES STYLE EVER SINCE HAS BEEN THE TRADEMARK OF HIS POLITICAL CAMPAIGNS, WHEN OTHER CANDIDATES COMPLAIN OF THE NECESSITY OF CONSTANTLY RAISING FUNDS LAWTON CHILES EIGHTEEN YEARS AGO WON HIS FIRST UNITED STATES SENATE RACE WITH ALMOST NO MONEY. TWELVE YEARS AGO SEEKING RE-ELECTION LAWTON ANNOUNCED THAT HE WOULD ACCEPT NO CONTRIBUTION LARGER THAN $10.00. IN THE FACE OF MASSIVE GOP ASSISTANCE TO HIS OPPONENT SIX YEARS AGO HE COMPROMISED IN DEGREE BUT NOT IN PRINCIPLE.- RAISING HIS CONTRIBUTION CEILING TO $100.00 STILL A FAR.- FAR CRY FROM THE $10,000-PER-WEEK NORM FOR SENATE FUNDRAISING, HE HAS MAINTAINED A POLICY FROM THE BEGINNING OF NEVER TAKING -AN HONORARIUM.AND NOT TAKING PAC MONEY. BUT "WALKING" LAWTON IS UNIQUE IN MANY MANY OTHER WAYS. WHEN IN 1971 HE CAME TO WASHINGTON AS A UNITED STATES SENATOR HE BROUGHT WITH HIM SKILLS THEN AND NOW DESPERATELY NEEDED THERE EXCEPTIONAL INTELLECT UNTOUCHED BY INTELLECTUAL ARROGANCE UNQUESTIONABLE INTEGRITY UNMARRED BY SELF-RIGHTEOUNESS, THE ISSUES THAT WERE AND BECAME IMPORTANT TO HIM ARE STILL THE CRITICAL ONES TO FLORIDA AND THE NATION THE PROBLEMS OF DRUGS AND DRUG-RELATED CRIME BURGEONING WASTEFUL GOVERNMENT PROCUREMENT - AN AGING POPULATION.- PREMATURE BABIES INFANT MORTALITY INADEQUATE PRENATAL CARE VEXATIONS OF MAINTAINING AN OPEN AND DEMOCRATICALLY HONEST GOVERNMENT. AND PERHAPS ABOVE ALL THE CONTROL OF THE GEOMETRICALLY ACCELERATING NATIONAL BUDGET DEFICIT. LET IT NEVER BE FORGOTTEN THAT FISCALLY CONSERVATIVE LAWTON CHILES ALWAYS HAS BEEN AN OLD-FASHIONED GOOD-GOVERNMENT - YELLOW-DOG DEMOCRAT. EARLY IN HIS LEGISLATIVE CAREER HE INSISTED THAT "SUNSHINE IS THE BEST DISINFECTANT" TO BACK-ROOM DEALING, INDEED.- AS A SENATOR HE PASSED LEGISLATION TO REQUIRE THAT FEDERAL AGENCIES OPEN UP THEIR MEETINGS TO THE PUBLIC. LAWTON CHILES BELIEVES THAT A HUMBLE MAN WHO TRIES HIS BEST CAN ENLIST THE SUPPORT OF OTHERS AND SUCCEED REGARDLESS OF MOMENTS OF ADVERSITY, ALWAYS HE IS AND HAS BEEN CONVINCED THAT RIGHT ULTIMATELY WILL PREVAIL. ALWAYS HE IS COMPASSIONATE AND UNDERSTANDING CONSCIENTIOUS AND FAIR-MINDED. HE UNLIKE MOST OTHER MEN IS NOT LOCKED TO ANY SINGLE OPINION OR IDEA - REASON ALWAYS PREVAILS. LAWTON CHILES IS NOW RETIRING FROM THE UNITED STATES SENATE A UNILATERAL DECISION ON HIS PART WHICH HAS OCCASIONED SADNESS TO HIS COLLEAGUES, WITH GRATIFICATION I QUOTE IN A BIPARTISAN WAY FROM SEVERAL AMONG MANY LAUDATORY STATEMENTS - ISSUED IN PAST WEEKS BY HIS SENATORIAL PEERS: 1. SENATOR FRITZ HOLLINGS DEMOCRAT FROM SOUTH CAROLINA, SAID: "LAWTON WAS AN ARTILLERYMAN IN THE KOREAN WAR ....... - AND NOW WITH HIS PLANS FOR LIFE AFTER THE SENATE - HE APPARENTLY INTENDS TO FACE RETIREMENT WITH THE SAME ATTITUDE OF OLD GENERAL OLIVER SMITH DURING THE - "5- CHOSIN RESERVOIR WITHDRAWAL: 'RETREAT HELL, IT WILL BE AN ATTACK IN A DIFFERENT DIRECTION,'" 2, SENATOR BOB DOLE REPUBLICAN FROM KANSAS SAID: "I TAKE MY HAT OFF TO LAWTON CHILES. HE IS IN LARGE MEASURE RESPONSIBLE FOR THE SMOOTH FUNCTIONING OF THE BUDGET PROCESS THIS YEAR, IN FACT - IT OPERATED SO SMOOTHLY THAT FOR THE FIRST TIME IN RECENT FISCAL MEMORY THE FISCAL YEAR BEGAN WITHOUT HAVING TO APPROVE A STOPAGE EMERGENCY FUNDING BILL, "OF COURSE.- LAWTON PLAYED A PIVOTAL ROLE IN BUDGET DELIBERATIONS PRIOR TO HIS CHAIRMANSHIP, HE HAS SHOWN TIME AND AGAIN HIS WILLINGNESS TO WORK WITH THE MEMBERS ON THIS SIDE OF THE AISLE - TO FORGE A CONSENSUS NOT ONLY ON THE BUDGET - -6- BUT ON OTHER ISSUES AS WELL. AS A MATTER OF FACT LAWTON HAS DESCRIBED HIMSELF AS 'A FELLOW WHO SORT OF COMES OUT IN THE MIDDLE.' . . . "LAWTON CHILES IN HIS OWN DOWN- HOME UNPRETENTIOUS WAY HAS LEFT HIS MARK - NOT ONLY ON THE SENATE BUT ON THE FISCAL POLICIES OF THIS COUNTRY FOR YEARS TO COME." 3. SENATOR LLOYD BENTSEN DEMOCRAT OF TEXAS - SAID: "GIVEN THE TENSION BETWEEN THE CONGRESS AND THE WHITE HOUSE CHAIRMANSHIP OF.THE BUDGET COMMITTEE HAS UNDOUBTEDLY BEEN ONE OF THE MOST DEMANDING AND COMPLEX JOBS IN THE UNITED STATES SENATE, YET LAWTON HAS GUIDED THE BUDGET COMMITTEE WITH LEVEL-HEADED RESOLVE SKILL AND DISTINCTION. NEVER STRAYING FROM FISCAL RESPONSIBILITY HE HAS -7- WORKED TO ENSURE THAT THE NEEDS OF THE PEOPLE OF THIS GREAT COUNTRY ARE MET. FISCAL RESPONSIBILITY AND COMPASSION NEITHER TO THE EXCLUSION OF THE OTHER HAVE BEEN THE WATCHWORDS OF HIS TENURE . . . , 4, SENATOR STROM THURMOND REPUBLICAN OF SOUTH CAROLINA SAID: "SENATOR CHILES HAS BEEN AN ADVOCATE OF CONTROLLING FEDERAL SPENDING. HE HELPED TO AUTHOR THE CONGRESSIONAL BUDGET CONTROL ACT SETTING NEW LIMITS IN THE BUDGET V PUSHING FOR DEFICIT-CUTTING PROGRAMS. 5, SENATOR MARK HATFIELD REPUBLICAN OF OREGON - SAID: "WHAT HAS STRUCK ME ABOUT SENATOR CHILES IS HIS -8- UNWAVERING INTEGRITY AND HIS CAREFUL USE OF THE POWERS HE HOLDS AS A MEMBER OF CONGRESS. MUCH OF THE WISDOM OF THE SENIOR SENATOR FROM FLORIDA IS DERIVED FROM HIS RELIGIOUS BELIEFS," 6. FINALLY ONE OF SENATOR LAWTON CHILES' CLOSEST AND BEST FRIENDS SENATOR SAM NUNN DEMOCRAT OF GEORGIA SAID: "IT HAS BEEN SAID THAT PUBLIC MEN ARE JUDGED BY THEIR CHARACTER AND THE SIZE OF THE ISSUES WHICH CONCERN THEM, LAWTON CHILES BROUGHT TO THE SENATE A PRESBYTERIAN CONSCIENCE WHICH TAUGHT HIN THAT A MAN'S TIME AND TALENTS WERE oF THE GIFTS C GOD NOT FOR HIS OWN USE BUT FOR THE BENEFIT OF HIS PEOPLE," I FULLY CONCUR WITH THOSE THOUGHTS OF HIS SENATORIAL COLLEAGUES,. THE FULLSOME PRAISE OF WHICH 4 HAVE QUOTED ONLY A SMALL SAMPLE IS OBVIOUSLY MERITED IT RARE FOR ANY ONE SMALL SAMPLE IS OBVIOUSLY MEREITED. IT P RARE FOR ANY ONE MAN ANYWHERE TO COMBINE WITHIN HIMSELF THE INTELLECT ABILITY - PERSONALITY AND CHARACTER WITH WHICH LAWTON CHILES IS ENDOWED. WITH ALL OF HIS ACHIEVEMENTS THIS MODEST PLAIN AND SIMPLE MAN HAS REMAINED A COMPASSIONATE WARM AND TRUSTED FRIEND OF THOSE FLORIDIANS WHO CHERISHED HIM BEFORE HE BECAME "WALKING LAWTON". LAWTON CHILES IS A NOBLE SON OF FLORIDA. IT IS A SINGULAR HONOR FOR ME TODAY TO PARTICIPATE IN THESE PROCEEDINGS IN WHICH THE FLORIDA CHAMBER OF COMMERCE PAYS TRIBUTE TO THIS GOOD MAN A NONPAREIL PERSON WHO HAS GIVEN HIS STATE AND NATION SO VERY MUCH. (THE END) -:i0- SPEECHES OF CHESTERFIELD SMITH SPEECH NUMBER 290 VOLUME XX .ADDRESS OF: CHESTERFIELD SMITH LAWYER HOLLAND & KNIGHT MIAMI, FLORIDA INHERITING VANDERBILT VANDERBILT NASHVILLE, ENTITLED: THE WIND SCHOOL OF LAW PLAZA HOTEL TENNESSEE HOW LAW FIRMS (AND SPECIFICALLY HOLLAND & KNIGHT) COULD BE - MAY BE PROBABLY WILL BE - AND ALMOST CERTAINLY SHOULD NOT BE PRACTICING IN THE YEAR 2000 DATE AND TIME: THURSDAY, NOVEMBER 3, 1988 12:15 P.M. TWENTY-FIVE MINUTES BEFORE: DURATION: AS IS WITNESSED BY THE INTEREST IN THIS CONFERENCE - VAST CHANGES ARE UNDERWAY IN THE LEGAL BUSINESS IN THE SOUTH, HIGH TECH LEGAL PRODUCTION COMPUTERIZED LEGAL RESEARCH - AND ELECTRONIC WORD PROCESSING HAVE BECOME A WIDE-SPREAD REALITY. WITHIN THE ENTIRE LEGAL PROFESSION THE INNOVATIVE ESTABLISHMENT OF NEW FORMS FOR THE DELIVERY MARKETING - AND PRODUCTION OF LEGAL SERVICES IS THE ORDER OF THE DAY. THE VERY SOPHISTICATED LEGAL BOUTIQUE THE EVER-BURGEONING HUGE INTERNATIONAL NATIONAL AND REGIONAL LAW FIRMS PUBLIC INTEREST LAW FIRMS AND HIGHLY ADVERTISED STORE-FRONT LEGAL CLINICS - CHAIN STORE STYLE ARE MORE AND MORE IMPACTING THE TRADITIONAL PRACTITIONER, THE LEGAL AND PRACTICAL STRUCTURES AND FORMS IN WHICH LAWYERS PRACTICE HAVE BEEN CONTINUOUSLY CHANGING, THE USE OF PARTNERSHIPS PROFESSIONAL CORPORATIONS AND ASSOCIATIONS - JOINT VENTURES NON-PROFIT PUBLIC INTEREST ENTITIES GROUP-COST SHARERS FRANCHISEES IN-HOUSE COUNSEL ARE BURGEONING AT ALL LEVELS. ADVANCES IN TECHNOLOGY THE CRUSHING AVAILABILITY OF INFORMATION THE UNABATED GROWTH OF URBANIZATION AND THE ATTENDANT REORDERING OF LIFESTYLES HAVE MADE LAWYERING IN THIS AGE INCREDIBLY DIFFERENT FROM EVEN TWENTY-FIVE YEARS AGO, CERTAINLY THE LAST FEW YEARS HAS SEEN LAW FIRMS GROW AND PROSPER, IN 1969 THERE WERE TWENTY FIRMS IN THE NATION WITH -2- MORE THAN A HUNDRED LAWYERS IN 1979 THERE WERE OVER A HUNDRED FIRMS WITH THAT MANY LAWYERS, HUNDRED AND FIFTY SUCH LAW FIRMS, TODAY THERE ARE OVER THREE THAT GROWTH IN LAW FIRM SIZE HAS BEEN ACCOMPANIED BY STEADY MOVEMENT INTO ADDITIONAL FIELDS OF PRACTICE AND BY THE BRANCHING OF BOTH SMALL AND LARGE FIRMS INTO MULTIPLE CITIES INCLUDING SUBURBAN AREAS, TOTAL SPECIALIZATION IN THE LAW IS HERE, FOR LARGE LAW FIRMS AND SMALL BOUTIQUE LAW FIRMS IT IS NOT COMING IT HAS ALREADY ARRIVED, THAT INCREASED SPECIALIZATION IN THE LEGAL PROFESSION TENDS TO BROADEN THE DEMAND FOR LAWYERS, INSOFAR AS THE BUSINESS INDUSTRIAL AND FINANCIAL COMMUNITY IS CONCERNED - THE DAY OF THE MAGNIFICENT GENERALIST IN THE LAW - -3- "THE JACK-OF-ALL-TRADES" HAS ALREADY BECOME A THING OF THE PAST, LAWYERS REPRESENTING FAR FLUNG AND DIVERSE ENTERPRISES THROUGHOUT THE SOUTH NOW OF NECESSITY HAVE TO BE SPECIALLY TRAINED IN SPECIFIC AREAS OF THE LAW, IT IS DEMONSTRABLY TRUE THAT LEGAL SPECIALIZATION BY INTENSE FAMILIARITY AND EXCLUSIVE PRACTICE IN LIMITED LEGAL AREAS ENABLES LAWYERS BETTER TO COMPETE WITH OTHER DISCIPLINES. WITH THAT PREDICATE PERHAPS IT IS ACCEPTABLE FOR ME TO MAKE PREDICTIONS ABOUT THE WAY LAW FIRMS IN GENERAL MIGHT BE STRUCTURED AROUND THE YEAR 2000, IN MY OPINION THE CONFUSING DIVERSITY IN FORMS OF PRACTICE THAT NOW EXISTS WILL CONTINUE AT LEAST IN PART AND PERHAPS GROW, VERY LARGE NATIONAL FIRMS WILL COMPETE SIDE BY SIDE WITH VERY LARGE REGIONAL AND EVEN VERY LARGE LOCAL FIRMS, SPECIALTY FIRMS BOUTIQUE FIRMS WILL PROSPER BUT IN MY OPINION AT A LOWER LEVEL OF SUCCESS THAN MOST LAWYERS NOW PREDICT, MIDDLE-SIZED FIRMS WILL CONTINUE TO BECOME EVER LARGER AND EVERMORE SPECIALIZED. SMALL GENERAL FIRMS A GROUPING IN WHICH I INCLUDE THE SOLE PRACTITIONER WILL HAVE INCREASED IN NUMBERS ALMOST GEOMETRIC IN SCALE BUT THEY WILL TEND TO SERVE ALMOST EXCLUSIVELY INDIVIDUALS OR SMALL CLOSELY-HELD BUSINESS CLIENTS. EVEN NOW IT IS NOT COST EFFECTIVE FOR THE LARGE OR MEGA-FIRMS TO SERVE SUCH CLIENTS. I PERSONALLY HAVE LITTLE DOUBT THAT THE LARGER LAW FIRMS STATE REGIONAL AND NATIONAL WILL FROM AN ECONOMIC -5- VIEWPOINT DOMINATE THE BUSINESS AND FINANCIAL PRACTICE OF LAW IN THE SOUTH AND ELSEWHERE, SPLIT-OFFS FROM FIRMS OF ALL SIZES WILL INCREASE A DIRECTION THAT INEVITABLY WILL RESULT IN EVERMORE SPECIALIZED OR BOUTIQUE FIRMS. NO LONGER WILL A RECENT LAW SCHOOL GRADUATE JOIN A FIRM NEVER TO LEAVE SPENDING HIS OR HER ENTIRE PRACTICE THERE. LATERAL MOVEMENT OF BOTH EXPERIENCED AND BEGINNING LAWYERS FROM FIRM TO FIRM WILL BE THE NORMAL WAY, THE HIGHLY COMPETENT LAWYER WILL ON THE AVERAGE PROBABLY CHANGE HIS LEGAL AFFILIATION FOUR OR FIVE TIMES DURING HIS OR HER PROFESSIONAL PRACTICE, THE MID-SIZED FULL SERVICE FIRM OF THE YEAR 2000 WILL HAVE THE MOST TROUBLE IN KEEPING UP IN COMPETING FOR DESIRABLE CLIENTS IN MAINTAINING MARKET SHARE. SUCH FIRMS OVERALL WILL BE LESS -6- PROFITABLE THAN.BOTH THE VERY LARGE FIRMS AND THE SPECIALTY BOUTIQUE LAW FIRMS, THE AVERAGE LARGE SOUTHERN LAW FIRM OF ABOUT ONE HUNDRED LAWYERS TODAY IN TWELVE YEARS WILL HAVE AROUND THREE HUNDRED LAWYERS AND NATIONWIDE THERE WILL BE BETWEEN FIFTY AND SEVENTY-FIVE VERY LARGE MEGA-FIRMS OF MORE THAN ONE THOUSAND LAWYERS MOST OF WHOM WILL HAVE OFFICES IN FROM FIVE TO TEN STATES. CLIENTS ALREADY TODAY DEMAND THAT LAWYERS CONDUCT THEIR PRACTICE ON A MORE BUSINESS-LIKE BASIS SO AS TO BECOME MORE EFFICIENT AND ECONOMIC THAN IN THE PAST. LOYALTIES ARE DIMINISHING. INSTITUTIONAL COMPETITION IS THE DRIVING FORCE BEHIND ALL THESE CHANGES IN THE QUALITY OF LIFE IN THE LEGAL -7- COMMUNITY IN LAW FIRM STRUCTURE AND GOVERNANCE IN MARKETING - IN RECRUITING IN COMMUNICATIONS IN FEES AND IN LAWYER COMPENSATION IN LEGAL AND DOCUMENT PRODUCTION IN LATERAL MOVEMENT OF LAWYERS COMPETITION INTENSE MERIT COMPETITION - DOG-EAT-DOG COMPETITION NEVER CEASING COMPETITION UNYIELDING COMPETITION COMPETITION BETWEEN LAW FIRMS TO GET THE BEST POSSIBLE LAWYERING DONE IN THE MOST SATISFACTORY AND ECONOMIC WAY FOR CLIENTS AND FOR SOCIETY AS A WHOLE. COMPETITION IS THE NAME OF THE GAME FOR ALL LAW FIRMS. TO BRING SOME OF THE ISSUES RAISED BY THOSE CHANGES INTO SHARPER FOCUS I AM GOING TO TALK BRIEFLY ABOUT HOLLAND & KNIGHT THE LAW FIRM WHERE I PRACTICE HOW IT IS NOW AND DISCUSS -8- WITH YOU WAYS FORMS AND STRUCTURES WHICH MIGHT HAPPEN TO IT IN THE FUTURE HOW IT MAY BE IN TWELVE YEARS. MY COMMENTS MAY TURN OUT TO BE INACCURATE OR EVEN RIDICULOUS BUT THESE FANTASY RUMINATIONS ARE MY OWN THEY ARE NOT TO BE ATTRIBUTED TO THE FIRM THEY ARE GIVEN BY ME AS A FUN WAY TO TRIGGER THOUGHT AND DISCUSSION ABOUT THE LAW FIRM OF THE FUTURE, IF MY PROPOSALS WERE PRESENTED TO THE SEVERAL PARTNERS OF HOLLAND & KNIGHT TODAY - THEY SURELY WOULD NOT TODAY BE ACCEPTED. INDEED THOSE PARTNERS WOULD BE SHOCKED ALMOST CERTAINLY CONCLUDING THAT I HAD LOST MY SENSES, I ENVISION HOLLAND & KNIGHT IN THE YEAR 2000 STILL TO BE PRIMARILY A FLORIDA LAW FIRM WITH OFFICES GEOGRAPHICALLY -9- COVERING THE ENTIRE STATE AND WITH A WASHINGTON LEGAL OUTLET DESIGNED PRIMARILY TO SERVE FLORIDA CLIENTS WITH FEDERAL LEGAL PROBLEMS. INDEED IT IS THAT WAY NOW. I PREDICT HOLLAND & KNIGHT IN THE YEAR 2000 WILL HAVE AROUND 1,000 LAWYERS INSTEAD OF THE TWO HUNDRED THIRTY LAWYERS NOW THERE A PROJECTED CONTINUATION OF ITS PRESENT TWELVE TO FIFTEEN PER CENT ANNUAL GROWTH RATE, ALL HOLLAND & KNIGHT LAWYERS WILL BE MEMBERS OF THE FLORIDA BAR AND APPROXIMATELY 60% OF THOSE WILL BE GRADUATES OF FLORIDA LAW SCHOOLS, IT WILL HAVE AS MAJOR STATEWIDE FLORIDA COMPETITORS IN SIZE AT LEAST THREE OTHER FLORIDA LAW FIRMS PERHAPS ONE OF WHICH WILL HAVE AS MANY AS 2000 LAWYERS AND HOLLAND & KNIGHT WILL ALSO COMPETE IN -10- THE LARGER METROPOLITAN AREAS OF FLORIDA WITH AT LEAST TWENTY-FIVE OF THE VERY LARGE REGIONAL NATIONAL OR INTERNATIONAL MEGA-FIRMS - ALL OF WHOM WILL HAVE AT LEAST 400 MEMBERS OF THE FLORIDA BAR PRACTICING IN THE STATE. OF THE THREE HUNDRED LARGEST LAW FIRMS IN THE UNITED STATES AT LEAST ONE-THIRD OF THEM IN THE YEAR 2000 WILL HAVE FLORIDA OFFICES, FOR HOLLAND & KNIGHT MOST OF THOSE 1000 LAWYERS WILL BE LOCATED IN A CENTRALIZED LOCATION PROBABLY A LOW RENT AREA - BUT A PLACE WITH A HIGHLY DESIRABLE ENVIRONMENT WHERE THE LIVING IS NICE A MID-SIZED FLORIDA CITY LIKE LAKELAND LOCATED IN THE SAND HILLS AND ORANGE GROVES AND AROUND THE LAKES A MID-SIZED CITY WITH ALL OF THE CULTURAL AND SOCIAL AMENITIES FOUND IN -11- METROPOLITAN AREAS BUT ONE WITH A LOW COST OF LIVING AND A STABLE LABOR FORCE. THE MAJOR RESEARCH AND PRODUCTION FACILITIES OF THE ENTIRE FIRM WILL BE THERE IN LAKELAND THE MAINFRAME COMPUTERS - WESTLAW LEXIS NEXUS ALL ELECTRONIC LEGAL RESEARCH FACILITIES - STAIRS A MICROFICHE LIBRARY PARAPROFESSIONALS UNLIMITED - TECHNICIANS FROM DISCIPLINES OTHER THAN LAW THE CLOSED FILES - ALL WOULD BE HOUSED OR MAINTAINED IN THAT CENTRAL OFFICE, AN ATTRACTIVE LIFESTYLE FOR ALL IN THE CENTRAL OFFICE CAUSING LAWYERS AND OTHER PROFESSIONALS TO WANT TO WORK THERE TO ENJOY WORKING THERE WOULD BE A PRIME AND CONTINUING GOAL OF FIRM MANAGEMENT, THE HOLLAND & KNIGHT CENTRAL OFFICE STAFF WOULD EMBRACE AND HOUSE PROFESSIONALS FROM MULTIPLE DISCIPLINES -12- OTHER THAN THE LAW SUCH AS TITLE ABSTRACTORS LOBBYISTS - ENGINEERS APPRAISERS ECONOMISTS STOCKBROKERS INSURANCE PLANNERS ARCHITECTS SURVEYORS PHYSOLOGISTS MEDICAL DOCTORS FINANCIAL AND MANAGEMENT CONSULTANTS PERSONNEL CONSULTANTS - CERTIFIED PUBLIC ACCOUNTANTS PHYSICISTS BIOLOGISTS AND ELECTRONIC AND COMMUNICATION SPECIALISTS, HOLLAND & KNIGHT WOULD INSURE THAT PLEASANT AND HIGH QUALITY SCHOOLS DELIGHTFUL HOMES AND AMPLE RECREATIONAL FACILITIES ARE AVAILABLE FOR EVERYONE. LAWYERS FROM THAT CENTRAL OFFICE WILL TRAVEL FREQUENTLY TO THE VARIOUS LAW OFFICES COURTHOUSES CITY HALLS ADMINISTRATIVE HEADQUARTERS GOVERNMENTAL OFFICES OF ALL KINDS THE OFFICES OF OTHER LAW FIRMS LOCATED THROUGHOUT THE STATE UTILIZING EITHER -13- HELICOPTERS AIRPLANES OR AUTOMOBILES TO TRY CASES TO TAKE DEPOSITIONS TO ENGAGE IN ADVERSARIAL RELATIONSHIPS AT ALL LEVELS TO NEGOTIATE TO COUNSEL TO CONFER AND TO CLOSE TRANSACTIONS. EVERY KIND OF KNOWN LEGAL SPECIALIZATION WILL BE ORGANIZED IN THAT HIGHLY INTEGRATED BUT TOTALLY PLEASANT WORK ENVIRONMENT WITH ALL PERSONNEL WORKING TOGETHER IN TEAMS - GROUPS AND DIVISIONS, A FIRM CLIENT WILL NEVER VISIT THAT CENTRAL OFFICE - CLIENTS WILL NOT BE ALLOWED THERE, BUT THAT CENTRAL OFFICE WILL BE ELECTRONICALLY CONNECTED WITH THE TEN OR FIFTEEN CLIENT OFFICES LOCATED THROUGHOUT FLORIDA EACH OF WHICH WILL HAVE TWENTY THE LAWYERS IN THOSE CLIENT OFFICES OR TWENTY-FIVE LAWYERS, PRIMARILY WILL BE INVOLVED IN LEGAL WORK FOR EXISTING FIRM CLIENTS AND ALSO WITH THE TOTAL SOCIAL ECONOMIC AND POLITICAL LIFE OF THE ENTIRE GEOGRAPHIC REGION WHERE THE PARTICULAR CLIENT OFFICE IS LOCATED. THEY WILL BE EXPERIENCED AND HIGHLY TRAINED LAWYERS ABLE TO ATTRACT LEGAL BUSINESS AND PROFICIENT IN COUNSELING FIRM CLIENTS IN THE HIGHEST AND BEST TRADITIONS OF THE HONORED GENERAL PRACTITIONER, AN INSTITUTIONAL FIRM CLIENT - WITH SUBSTANTIAL AND RECURRING LEGAL PROBLEMS WILL HAVE CONTACTS WITH SEVERAL CLIENT OFFICES THROUGHOUT FLORIDA OR MAYBE ALL OF THEM, AS A USUAL MATTER THE HOLLAND & KNIGHT LAWYER STATIONED IN A CLIENT OFFICE WILL ADVISE COUNSEL AND CONSULT WITH A PARTICULAR CLIENT AND IF THAT CLIENT HAS SPECIFIC LEGAL -15- DEMANDS THEN HELP MEET THAT CLIENT'S NEEDS BY UTILIZING AND WORKING WITH AN APPROPRIATE SPECIALTY INDIVIDUAL GROUP OR TEAM IN THE CENTRAL OFFICE, FOR EXAMPLE A PARTICULAR TAMPA CLIENT - AND A CLIENT LAWYER LOCATED IN A HOLLAND & KNIGHT CLIENT'S OFFICE IN TAMPA MAY TALK BY TELECONFERENCE FIRST ABOUT THE CLIENT'S PROBLEMS WITH A TRIAL GROUP LOCATED IN THE LAKELAND CENTRAL OFFICE, WHEN THE LITIGATION TELECONFERENCE IS THROUGH THE CLIENT AND THE CLIENT LAWYER THEN MAY CLARIFY WITH A SPECIALIST IN THE CENTRAL OFFICE TAX ASPECTS OF THE CLIENT'S MATTER, LASTLY - THE CLIENT AND THE CLIENT'S LAWYER MAY CONFER BY TELECONFERENCE WITH A CENTRAL OFFICE SPECIALIST ON THE SECURITIES AND CORPORATE ASPECTS, ALL OF THAT AND THE RESULTING LEGAL PRODUCT - -16- INCLUDING CONTRACTS PLEADINGS BRIEFS OPINIONS OR BUSINESS OR CORPORATE DOCUMENTS WILL BE USUALLY PRODUCED BY THE CENTRAL OFFICE AND DELIVERED TO THE CLIENT SITTING FAR AWAY IN A HOLLAND & KNIGHT CLIENT OFFICE, LEGAL PAPERS WILL WHIZ ELECTRONICALLY BACK AND FORTH INSTANTANEOUSLY BY LASER TECHNOLOGY FROM THE CENTRAL OFFICE TO THE SEVERAL CLIENT OFFICES LOCATED THROUGHOUT THE STATE AND WHEN DESIRABLE FROM CLIENT OFFICE TO CLIENT OFFICE. MAJOR AND CONTINUING CLIENTS WILL HAVE THEIR OWN IN-HOUSE TELECONFERENCE SCREENS SO THAT THEY CAN CONTACT THOSE LAWYERS WORKING FOR THEM IN THE HOLLAND & KNIGHT CENTRAL OFFICE ABOUT THEIR LEGAL PROBLEMS WITHOUT VISITING THE HOLLAND & KNIGHT CLIENT'S OFFICE, INDEED ONCE AN ATTORNEY-CLIENT CONNECTION HAS BEEN -17- ESTABLISHED BY A PARTICULAR CLIENT WITH A PARTICULAR SPECIALIST IN THE HOLLAND & KNIGHT CENTRAL OFFICE BY TELECONFERENCE FACILITIES - THE CLIENT OFTEN THEREAFTER WILL BY-PASS THE HOLLAND & KNIGHT CLIENT LAWYER AND GO DIRECTLY TO THE SPECIALIST IN THE HOLLAND & KNIGHT CENTRAL OFFICE. THE HOLLAND & KNIGHT CLIENT OFFICES LOCATED IN AT MOST TEN TO FIFTEEN METROPOLITAN AREAS THROUGHOUT FLORIDA WOULD HOUSE PRIMARILY SENIOR LAWYERS OR THOSE ESPECIALLY TRAINED OR QUALIFIED IN COUNSELING BUT THERE ALSO WILL BE A SUBSTANTIAL NUMBER OF BEGINNING OR LESS EXPERIENCED LAWYERS ASSIGNED THERE TOO, IN ADDITION TO THE PERFORMANCE OF NORMAL CLIENT LEGAL SERVICES ALL LAWYERS IN THE CLIENT OFFICES WILL BE CONTINUOUSLY -18- INVOLVED IN COMMUNITY SERVICE PRO BONO TYPE LAW ACTIVITIES - ACTIVITIES OF THE ORGANIZED BAR AND PERHAPS ABOVE ALL CLIENT DEVELOPMENT AND MARKETING, THERE WOULD BE EXTENSIVE LEGAL WORK PERFORMED FOR CLIENTS BY ALL LAWYERS IN THE HOLLAND & KNIGHT CLIENT OFFICES ABOUT THE SAME AMOUNT AND DONE IN THE SAME WAY THAT LEGAL SERVICES ARE NOW PERFORMED IN THE SEVERAL HOLLAND & KNIGHT EXISTING LAW OFFICES, EACH CLIENT OFFICE WOULD BE EQUIPPED WITH SEVERAL LARGE THREE-SIDED TELECONFERENCE ROOMS - TWELVE OR FIFTEEN SMALL CLIENT CONFERENCE ROOMS ONE SMALL AUDITORIUM CAPABLE OF SEATING TWO TO FOUR HUNDRED PEOPLE - SPECIAL FACILITIES FOR ENTERTAINMENT EXTENSIVE RESOURCES FOR MARKETING AND MARKETING PRESENTATIONS, IT WOULD HAVE NO -19- |
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| MILLISECOND | CLASS.METHOD | MESSAGE |
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| 0 | sobekcm_page_globals.constructor | |
| 0 | sobekcm_page_globals.constructor | Application State validated or built |
| 0 | sobekcm_database.verify_item_lookup_object | |
| 0 | sobekcm_page_globals.constructor | Navigation Object created from URI query string |
| 0 | sobekcm_database.verify_item_lookup_object | |
| 0 | sobekcm_page_globals.display_item | Retrieving item or group information |
| 0 | sobekcm_page_globals.get_entire_collection_hierarchy | Retrieving hierarchy information |
| 0 | sobekcm_assistant.get_entire_collection_hierarchy | |
| 0 | cached_data_manager.retrieve_item_aggregation | |
| 0 | cached_data_manager.retrieve_item_aggregation | Found item aggregation on local cache |
| 0 | item_aggregation_builder.get_item_aggregation | Found 'all' item aggregation in cache |
| 0 | system.web.ui.page.page_load (ufdc.page_load) | |
| 0 | sobekcm_page_globals.constructor.on_page_load | |
| 0 | html_echo_mainwriter.add_style_references | Adding style references to HTML |
| 0 | html_echo_mainwriter.add_text_to_page | Reading the text from the file and echoing back to the output stream |
| 60 | html_echo_mainwriter.add_text_to_page | Finished reading and writing the file |