Title: Keynote Address on "The Lawyer's Responsibility to Help the State Manage Its Growth and Resolve Its Planning Conflicts"
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Permanent Link: http://ufdc.ufl.edu/WL00004651/00001
 Material Information
Title: Keynote Address on "The Lawyer's Responsibility to Help the State Manage Its Growth and Resolve Its Planning Conflicts"
Physical Description: Book
Language: English
Publisher: Daniel W. O'Connell, Esq. AICP
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Keynote Address on "The Lawyer's Responsibility to Help the State Manage Its Growth and Resolve Its Planning Conflicts" (JDV Box 70)
General Note: Box 24, Folder 4 ( Water Supply Issues - Linking Water Supply Planning and Land Use Planning ), Item 14
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004651
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text







15 NOVEMBER '88 DRAFT


KEYNOTE ADDRESS ON
"THE LAWYER'S RESPONSIBILITY TO
HELP THE STATE MANAGE ITS
GROWTH AND RESOLVE ITS
PLANNING CONFLICTS"


BY


DANIEL W. O'CONNELL, ESQ. AICP


TO


THE FLORIDA BAR PROGRAM ON STATE
LAND USE PLANNING AND REGULATION
AT THE
TAMPA AIRPORT MARRIOTT HOTEL
ON NOVEMBER 18, 1988










PREFACE


I NEED TO PREFACE MY KEYNOTE REMARKS BY COMPLIMENTING THE GOOD

JUDGEMENT OF BOB APGAR, OUR PROGRAM CO-CHAIRMAN. AN EARLIER PROGRAM

DRAFT HAD HARRY STEWART SINGING THE STATE ANTHEM AND JIM WOLF

LEADING US IN A PLEDGE OF ALLEGIANCE TO THE LOCAL GOVERNMENT LAW
SECTION

IN PLACE OF A MUSICAL OR PATRIOTIC KEYNOTE, WE DECIDED TO

ACCENTUATE OUR OFTEN UN-ACKNOWLEDGED OR UNAPPRECIATED

PROFESSIONAL RESPONSIBILITIES. LAWYERS AND PLANNERS ARE NOT MEMBERS

OF A CLUB OR A TRADE ASSOCIATION. RATHER WE ARE PRIVILEGED MEMBERS OF

LEARNED MAJOR AND MINOR PROFESSIONS. RESPONSE ABILITY IS ALSO A

UNIQUE AND CRITICAL ASPECT OF OUR WORKING LIFE. WE HAVE MORE THAN BY-

LAWS TO BIND US TO OUR SOCIETY. LAWYERS ARE SUBJECT TO RULES OF

PROFESSIONAL CONDUCT AND PLANNERS ALSO HAVE A CODE OF ETHICS FOR THEIR

PROFESSIONAL CONDUCT.

THUS, THIS KEY-NOTE IS ABOUT MORE THAN CLE CREDITS, FLORIDA

STATUES, AND CASE CITATIONS. ITIS A REFLECTION ON OUR OBLIGATION TO HELP

THE STATE MANAGE ITS GROWTH AND RESOLVE ITS PLANNING CONFLICTS. THIS

QUESTION, OF COURSE, IS RELATED TO THE HEALTH OF OUR PLANET AND THE

LONG-TERM VIABILITY OF THE CIVILIZATION WE ARE PRODUCING ON OUR FIFTY

FOUR-THOUSAND-SQUARE-MILES OF THE EARTH.

AT THIS POINT YOU MAY FEEL LIKE THE LADY IN A RECENT NEW YORKER

CARTOON. SHE IS STANDING IN A PARKING LOT WITH A FULL GROCERY CART AND

IS TALKING TO FRIENDS. WITH A SAD FACE SHE SAYS: "THIS PAST SUMMER, I GOT

DEEPLY DEPRESSED ABOUT OUR PLANET--AS IF I DIDN'T HAVE ENOUGH PROBLEMS

OF MY OWN."











AS IF YOU DIDN'T HAVE ENOUGH PROBLEMS OF YOUR OWN. YOU CAME

HERE FOR CASES, CITATIONS, AND CLE CREDITS, NOT A SERMON. SO LET ME CITE

YOU TO 74 SO 2 D 221, AT PAGE 226 WHERE JUSTICE GLENN TERRELL DISCUSSED

THE LAWYER: "HE IS GOVERNED BY CANONS THAT PLACE THE EMPHASIS ON

SPIRITUAL CONSIDERATION...AND HE IS A FIDUCIARY OF HIS CLIENT, THE STATE

AND THE PUBLIC." BUT AGAIN I SAY UNTO YOU, THIS IS NOT A SERMON, IT IS A

REALISTIC REFLECTION OF OUR PROFESSIONAL RESPONSIBILITY AND OUR PUBLIC

CREDIBILITY. DON SCHON IN A BRILLIANT BOOK, THE REFLECTIVE PRACTITIONER,

DESCRIBES OUR PROFESSIONS IN THE MIDST OF A CRISIS OF CONFIDENCE AND

LEGITIMACY. SCHON GIVES TWO REASONS--PROFESSIONALS DO NOT LIVE UP TO

THE VALUES AND NORMS THEY ESPOUSE, AND THEY ARE INEFFECTIVE. ARE

FLORIDA LAWYERS AND PLANNERS EFFECTIVELY OPERATING OUR PLANNING AND

GROWTH MANAGEMENT SYSTEM? ARE WE LIVING UP TO OUR HIGHER STANDARDS

OF PROFESSIONAL CONDUCT? BEFORE WE TAKE THE SCHON TEST, LET'S

UNDERSTAND OUR ROLES AND FUNCTIONS.

PLANNING ROLES AND FUNCTIONS

PLANNERS AND LAWYERS ARE ESSENTIAL PARTICIPANTS IN THE

SUCCESSFUL FUNCTIONING OF OUR STATE-WIDE PLANNING AND GROWTH

MANAGEMENT SYSTEM. OUR PLANNING LAW REFORMS HAVE PLACED US IN

CRUCIAL POSITIONS WITHIN THE PUBLIC AND PRIVATE SECTORS OF OUR SOCIETY.

SOME MIGHT ARGUE THAT THIS WAS NOT A GOOD IDEA. OTHERS MAY ARGUE THAT

WE ARE A PART OF THE GROWTH MANAGEMENT PROBLEM. FOR INSTANCE, THE

NOVEMBER ISSUE OF FLORIDA TREND HAS A REPORT TITLED "LAWYERS, LAWYERS

EVERYWHERE." IT POINTS OUT THAT "IN 1987 THERE WAS ONE ATTORNEY FOR

EVERY 288 FLORIDA RESIDENTS, AND THE LAWYER COUNT IS GROWING EVEN

FASTER THAN THE STATE'S POPULATION. POPULATION GREW 25 % FROM 1980 TO

1987, WHILE MEMBERSHIP IN THE FLORIDA BAR ROSE 51%, TO 41,767 ATTORNEYS.


IL











THE BAR'S 15TH CIRCUIT--COMPOSED OF PALM BEACH COUNTY--LED THE LAWYER

BOOM. IT WENT FROM 1,386 ATTORNEYS IN 1980 TO 2,585 IN 1987, AN INCREASE OF

86%.

THE ENVIRONMENTAL AND LAND USE LAW SECTION REFLECTS THIS

GROWTH WITH ALMOST SIXTEEN HUNDRED MEMBERS. THE LOCAL GOVERNMENT

LAW SECTION IS UP TO ALMOST 900 MEMBERS. THESE TWO SECTIONS, WITH

ALMOST TWENTY-FIVE HUNDRED MEMBERS, EXCEED THE TOTAL MEMBERSHIP OF

THE FLORIDA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION. OF THEIR

APPROXIMATE SIXTEEN HUNDRED MEMBERS, LESS THAN 600 ARE MEMBERS OF THE

AMERICAN INSTITUTE OF CERTIFIED PLANNERS. THE PUBLIC, OF COURSE, DOESN'T

NEED THESE STATISTICS TO UNDER-STAND WHO HAS THEIR HANDS ON THE MAJOR

ARTERIES OF OUR LAND USE PLANNING SYSTEM--THESE LAWS HAVE OFTEN BEEN

CALLED "LAWYER'S OR PLANNER'S RELIEF ACTS."

FURTHERMORE, NATHAN GLAZER IN HIS RECENT BOOK ON THE LIMITS OF

SOCIAL POLICY. DESCRIBES THE PHENOMENON OF LAWYERS, INSTEAD OF LOCAL

REPRESENTATIVES, HAVING BECOME THE SPOKESMEN OR WOMEN FOR MANY

LOCAL INTERESTS IN OUR SOCIETY. A VIVID EXAMPLE OF THIS APPEARED IN

SUNDAY'S TALLAHASSEE DEMOCRAT. A 166-MILLION DOLLAR LAWSUIT CHARGES

THAT FOUR YONKERS CITY-COUNCIL MEMBERS DAMAGED THE CITY'S IMAGE AND

FINANCIAL STABILITY BY DEFYING A FEDERAL DESEGREGATION ORDER THAT

LED TO HUGE FINES AGAINST THE CITY.

A CLASS-ACTION LAWSUIT BY 16 RESIDENTS ALLEGES THAT THE FOUR CITY

OFFICIAL WASTED TAX-PAYERS' MONEY IN VIOLATION OF THEIR OATHS OF OFFICE

AND STATE LAWS GOVERNING OFFICIAL CONDUCT.

THE LAWSUIT SEEKS 40 MILLION DOLLARS EACH FROM THE FOUR COUNCIL

MEMBERS AND 6 MILLION DOLLARS JOINTLY TO PAY FOR THE CONTEMPT-OF-COURT

FINE IMPOSED BECAUSE OF THEIR VOTES AND THE ALLEGED DAMAGES.










THE LAWSUIT SEEKS 40 MILLION DOLLARS EACH FROM THE FOUR COUNCIL

MEMBERS AND 6 MILLION DOLLARS JOINTLY TO PAY FOR THE CONTEMPT-OF-C''OURT

FINE IMPOSED BECAUSE OF THEIR VOTES AND THE ALLEGED DAMAGES.

THE LAWSUIT FURTHER DEMANDS THE REMOVAL OR SUSPENSION OF THE

FOUR ELECTED OFFICIALS.

THE LAWSUIT FINALLY SEEKS TO BAR THE CITY MANAGER AND THE CITY'S

FISCAL OFFICE, FROM APPROVING PAYMENTS TO LAWYERS REPRESENTING THE

FOUR COUNCIL-MEMBERS IN THEIR CONTEMPT CASES.

BECAUSE OF OUR NUMBERS, OUR INFLUENTIAL POSITIONS, THE LEGAL

REQUIREMENTS OF OUR PLANNING LAWS, AND THE PERCEPTION OF THE PUBLIC,

WE WILL PLAY A MAJOR AND DECISIVE ROLE IN EITHER THE SUCCESS OR FAILURE

OF OUR STATE'S GROWTH MANAGEMENT LAWS.

HOW DO WE RESPOND IN AN ETHICAL AND IN AN EFFECTIVE WAY?

CODES OF PROFESSIONAL RESPONSIBILITY

THERE ARE AT LEAST THREE RELEVANT CODES OF PROFESSIONAL

RESPONSIBILITY. YOUR PROGRAM HANDOUT INCLUDES THEM. I WILL

CONCENTRATE ON THE RULES OF PROFESSIONAL CONDUCT FOR FLORIDA

LAWYERS, WHICH ARE FOUND IN YOUR

SEPTEMBER COPY OF THE FLORIDA BAR JOURNAL.

THE SECOND CODE IS THE CODE OF ETHICS AND PROFESSIONAL CONDUCT

FOR MEMBERS OF THE AMERICAN INSTITUTE OF CERTIFIED PLANNERS THE THIRD

IS THE ETHICAL STANDARDS OF PROFESSIONAL RESPONSIBILITY FOR THE SOCIETY

OF PROFESSIONALS IN DISPUTE RESOLUTION. CALLED SPIDER. I AM SUBJECT TO

ALL THREE SO I HAVE TO REALLY BEHAVE MYSELF.

ALL THREE CODES ACKNOWLEDGE A PERSONAL PROFESSIONAL

RESPONSIBILITY TO HELP IMPROVE SOCIETY FOR THE GENERAL PUBLIC. THE

PLANNER'S PRIMARY OBLIGATION IS TO SERVE THE PUBLIC INTEREST. THE THIRD










PARTY NEUTRAL OR DISPUTE RESOLVER MUST ASSURE THAT UNREPRESENTED

INTERESTS A-E CONSIDERED BY THE PRINCIPAL PARTIES. THE LAWYER IS NOT

JUST A REPRESENTATIVE OF HIS CLIENTS. HE OR SHE IS A PUBLIC CITIZEN,

HAVING A SPECIAL RESPONSIBILITY FOR THE QUALITY OF JUSTICE IN THIS STATE.

AS A PUBLIC CITIZEN, A LAWYER SHOULD SEEK THE IMPROVEMENT OF THE LAW

AND EMPLOY HISIHER KNOWLEDGE IN REFORM OF THE LAW. THESE RULES: "DO

NOT...EXHAUST THE MORAL AND ETHICAL CONSIDERATIONS THAT SHOULD

INFORM A LAWYER, FOR NO WORTHWHILE HUMAN ACTIVITY CAN BE COMPLETELY

DEFINED BY LEGAL RULES...."

FOR INSTANCE, MEETING THE MINIMUM CRITERIA RULES OF THE FLORIDA

DEPARTMENT OF COMMUNITY AFFAIRS DOES NOT NECESSARILY PRODUCE A GOOD

CITY OR A GOOD COUNTY. I ENCOURAGE YOU TO READ THE GOOD CITY BY

LAWRENCE HAWORTH ON THIS SUBJECT.

BOTH THE LAWYER AND PLANNER CODES RECOGNIZE A SPECIAL

RESPONSIBILITY TO PLAN FOR AND HELP THE POOR AND DISADVANTAGED.

CHAPTER FOUR OF THE LAWYERS CODE DIRECTS US AS PUBLIC CITIZENS TO

"DEVOTE PROFESSIONAL TIME AND CIVIC INFLUENCE IN THEIR BEHALF." THIS IS

VERY RELEVANT TO LOCAL GOVERNMENT HOUSING PLANS AND RELATED

INCLUSIONARY ZONING ISSUES; PARTICULARLY IN LIGHT OF THIS MONTH'S

EXCLUSIONARY ZONING DECISION BY THE U.S. SUPREME COURTIN THE

HUNTINGTON, LONG ISLAND CASE.

FORTUNATELY, THE CO-SPONSORS OF THIS PROGRAM UNDERSTAND THEIR

PUBLIC CITIZEN RESPONSIBILITIES. THE BYLAWS OF THE LOCAL GOVERNMENTAL

LAW SECTION PROVIDE THAT ITS MEMBERS ARE TO "SERVE THE PUBLIC

GENERALLY" AS WELL AS THE FLORIDA BAR. THE ENVIRONMENTAL AND LAND USE

SECTION INCLUDES IN ITS BY-LAWS A RESPONSIBILITY FOR ITS MEMBERS TO

STUDY PROPOSED AND EXISTING LEGISLATION THAT AFFECTS THE ENVIRONMENT










AND USE OF LAND. THE SECTION ALSO COMMITS ITSELF TO RECOMMEND THAT THE

FLORIDA BAR BOARD OF GOVERNORS SUPPORT OR OPPOSE LEGISLATION. I HAVE

NOT RESEARCHED OUR EFFORTS BUT I HOPE WE ARE TAKING THIS BY-LAW

SERIOUSLY.

FLORIDA PLANNERS HAVE TAKEN SERIOUSLY THEIR PUBLIC CITIZEN

RESPONSIBILITIES. OVER THE LAST SEVERAL YEARS THEY HAVE HAD AN ACTIVE

LEGISLATIVE PROGRAM IN SUPPORT OF EFFORTS TO IMPROVE OUR GROWTH

MANAGEMENT LAWS.

AS LAWYERS WE ALSO HAVE A SPECIAL RESPONSIBILITY FOR THE QUALITY

AND ADMINISTRATION OF JUSTICE. JUSTICE FOR AN ENVIRONMENTALIST AND

OTHERS MAY INCLUDE FUTURE GENERATIONS, AS WELL AS ENDANGERED ANIMAL

AND PLANT LIFE.

I AM SURE MOST OF YOU CAN RECALL JUSTICE DOUGLAS' STIRRING DISSENT

IN SIERRA CLUB V. MORTON IN WHICH HE QUOTED CHRISTOPHER STONE' S FAMOUS

LAW REVIEW ARTICLE-"SHOULD TREES HAVE STANDING." LAST YEAR

CHRISTOPHER STONE WAS BACK IN PRINT WITH A PROVOCATIVE PUBLICATION ON

EARTH AND OTHER ETHICS. STONE SUGGESTS OUR CURRENT LEGAL-MORAL

FRAMEWORK FOR HANDLING ENVIRONMENTAL PROBLEMS WON'T WORK. HE

EXPLAINS: "FROM ALL CAUSES, THE GROWING RECOGNITION THAT WE ARE ALL,

EVEN AMIDST SO MUCH CONFLICT AND COMPETITION, PART OF ONE FRAGILE

GLOBAL COMMUNITY, ENCOURAGES REARRANGING THE LEGAL-MORAL

FRAMEWORK SO AS TO MAKE MORE ROOM NOT ONLY FOR THE INFIRM, INSANE,

AND INFANTS, BUT FOR ANIMALS, PLANTS-INDEED, FOR THE ENTIRE PLANET AS

AN ORGANIC WHOLE."

THIS IS NO MORE UNCONVENTIONAL THAN A SUGGESTION MADE THIS

MONTH BY THE ANTHROPOLOGIST DR.. GLEN DORAN. DR. DORAN, THE DIRECTOR

OF THE WINDOVER PROJECT NEAR TITUSVILLE, DISCOVERED THE SKELETAL











REMAINS 'OF PREHISTORIC HUMANS. THEY RECOVERED DNA FROM SOME OF THE 91

PRESERVE: BRAINS OF THESE OVER 7,000 YEAR-OLD REMAINS. HE ARGUES THAT

WE SHOULD ACCORD PREHISTORIC ARTIFACTS SOME SPECIAL PROTECTION RIGHTS

BECAUSE OF THEIR CRITICAL IMPORTANCE TO THE WORLD'S UNDERSTANDING OF

OUR HUMAN HISTORY.

"AS IF WE DIDN'T HAVE ENOUGH PROBLEMS OF OUR OWN!"

IN ADDITION TO THESE ETHICAL RESPONSIBILITIES TO THE PUBLIC, WE

HAVE OBLIGATIONS AS REPRESENTATIVES OF CLIENTS AND AS OFFICERS OF THE

LEGAL SYSTEM.

PRACTICE OF LAW RESPONSIBILITIES

OUR PRACTICE OF LAW CONSISTS OF FIVE BASIC FUNCTIONS:

1. ADVISOR

2. ADVOCATE

3. NEGOTIATOR

4. INTERMEDIARY, AND

5. EVALUATOR

WE HAVE ETHICAL RULES THAT GUIDE ALL OF THESE FUNCTIONS--

COMPETENCE, CONFLICT OF INTEREST, TRUTHFULNESS, ETC. I WILL

CONCENTRATE ON ONE MAJOR ETHICAL ISSUE-OUR OBLIGATION TO HELP RESOLVE

CONFLICTS.

OUR RULES ON ADVOCACY ARE PROGRESSING. OUR CLAIMS AND

CONTENTIONS MUST BE MERITORIOUS. WE NOW HAVE AN AFFIRMATIVE

OBLIGATION TO EXPEDITE LITIGATION. FORTUNATELY THERE ARE NOW ABROAD

RANGE OF ALTERNATIVE MECHANISMS AND INSTITUTIONS TO SUPPLEMENT

LITIGATION. THEY ARE COLLECTIVELY REFERRED TO AS ADR/ACR (ALTERNATIVE

DISPUTE/CONFLICT RESOLUTION) OR IN MY NEW CENTER, GMCR (GROWTH

MANAGEMENT CONFLICT RESOLUTION). THEY INCLUDE ARBITRATION, MEDIATION,










PRINCIPLED NEGOTIATION, PRIVATE JUDGING, NEUTRAL FACT-FINDING,

OMB UD SM MINI-TRIALS, SUMMARY JURY TRIALS, AND MODERATED

SETTLEMENT CONFERENCES. LATER THIS MORNING BILL BRYANT AND OTHERS

WILL DISCUSS THE USE OF MEDIATION AND NEGOTIATION TO RESOLVE GROWTH

MANAGEMENT CONFLICTS. I SUGGEST TO YOU THAT ADR IS OUR RESPONSIBILITY,

AS WELL AS A GOOD OPPORTUNITY, FOR EXPEDITING LITIGATION, MEETING THE

FUNDAMENTAL NEEDS OF OUR CLIENTS, AND BEING A CONSTRUCTIVE PUBLIC

CITIZEN.

OUR RULES OF PROFESSIONAL RESPONSIBILITY HAVE A SEPARATE SECTION

ON THE LAWYER AS "INTERMEDIARY" BETWEEN CLIENTS. "INTERMEDIATION" CAN

RANGE FROM INFORMAL ARBITRATION, WHERE EACH CLIENT S CASE IS

PRESENTED BY THE RESPECTIVE CLIENT AND THE LAWYER DECIDES THE OUTCOME,

TO MEDIATION, TO COMMON REPRESENTATION WHERE THE CLIENTS' INTERESTS

ARE SUB STANTIALLY THOUGH NOT ENTIRELY COMPATIBLE." IT IS CRUCIAL TO

DISTINGUISH BETWEEN A LAWYER ACTING AS AN "INTERMEDIARY" AMONG

SEVERAL CLIENTS AND A LAWYER ACTING AS AN ARBITRATOR OR MEDIATOR

BETWEEN PARTIES WHO ARE NOTHIS/HER CLIENTS. FOR INSTANCE HARRY WOLF

IS ACTING AS AN INTERMEDIARY WHEN HE IS WORKING WITH ALL OF HIS COUNTY

CLIENTS, E.G., THE PLANNER, THE ENGINEER, THE COUNTY MANAGER, ETC. TO

RESOLVE AN INTERNAL COUNTY DISPUTE. JIM STEWARD, WHO IS CALLED TO

ANOTHER PART OF THE STATE TO SERVE AS A THIRD PARTY NEUTRAL TO ASSIST

PARTIES TO RESOLVE THEIR CONFLICTS IS ACTING AS A MEDIATOR OR

ARBITRATOR. IN THE LATTER CASE THE ATTORNEY MAY BE SUBJECT TO OTHER

CODES OF ETHICS, SUCH AS THE CODE OF ETHICS FOR ARBITRATION OF

COMMERCIAL DISPUTES OR THE SPIDER ETHICAL STANDARDS. COURT MEDIATORS

AND ARBITRATORS ARE GIVEN THE SPIDR CODE DURING THEIR CERTIFICATION

TRAINING. FURTHERMORE THERE IS A PROFESSIONAL ETHICS OPINION (86-8)


~











WHICH DESCRIBES ADDITIONAL PRECAUTIONS AND STANDARDS FOR LAWYERS

7WHO HOLD THEMSELVES OUT AS MEDIATORS.

THE MOST COGENT COMMENTS RECENTLY CAME FROM AN INTERVIEW WITH

CHIEF JUSTICE EHRLICH ON THE QUESTION OF ATTORNEYS CONDUCTING

MEDIATION:

"ALTHOUGH HE BELIEVES THAT ATTORNEYS WILL SINCERELY TRY TO

DIVORCE THEMSELVES FROM THEIR ADVERSARIAL EXPERIENCES WHILE

MEDIATING, HIS FEAR IS THAT THEY STILL MAY NOT BE ABLE TO MAINTAIN AN

OBJECTIVE POSTURE WHICH IS VITAL TO SUCCEED IN MEDIATION. AS DEFINED BY

THE STATUTES, A MEDIATOR MUST BE A NEUTRAL PARTY IN THE MEDIATION

PROCESS. THE CHIEF JUSTICE READILY ADMITS THAT THERE IS MUCH FOR HIM TO

LEARN ABOUT MEDIATION, BUT HE STILL THINKS THAT THE PROFESSIONAL

MEDIATOR WILL BE MORE EFFECTIVE THAN THE LAWYER WHO IS TRADITIONALLY

TRAINED TO TAKE ONE SIDE OF AN ISSUE AND NOT TO REMAIN NEUTRAL."

FORTUNATELY, THE COURTS AND THE LEGISLATURE HAVE ESTABLISHED

CENTERS TO HELP PROVIDE PROFESSIONAL MEDIATORS FOR RESOLVING GROWTH

MANAGEMENT CONFLICTS AND OTHER MAJOR DISPUTES.

THE IMPORTANT ETHICAL POINT IS TO RECOGNIZE OUR RESPONSIBILITY TO

SEEK JUSTICE AND EXPEDITE LITIGATION. ADR AND GMCR GIVE US NEW

OPPORTUNITIES TO FUNCTION AS SUCCESSFUL PRACTITIONERS AS WELL AS BE

GOOD PUBLIC CITIZENS. ABE LINCOLN WROTE IN HIS NOTES FOR A LAW LECTURE:

"DISCOURAGE LITIGATION. PERSUADE YOUR NEIGHBORS TO COMPROMISE

WHENEVER YOU CAN. POINT OUT TO THEM HOW THE NOMINAL WINNER IS OFTEN A

REAL LOSER--IN FEES, EXPENSES, AND WASTE OF TIME. AS A PEACEMAKER THE

LAWYER HAS A SUPERIOR OPPORTUNITY OF BEING A GOOD MAN (OR WOMAN).

THERE WILL STILL BE BUSINESS ENOUGH.











TE ARE FORTUNATE TO HAVE FURTHER GUIDANCE ON ACR/GMCR LATER

THIS MORNING FROM COUNSELORS LARRY KEESEY AND BILL BRYANT AND

REGIONAL PLANNER JACK OSTERHOLT.

POSTSCRIPT

AS A POSTSCRIPT I RECALL MY FIRST FLORIDA BAR ASSIGNMENT IN 1970.

PRESIDENT JOHN MC CARTY.APPOINTED ME CHAIRMAN OF A NEW FLORIDA BAR

COMMITTEE ON ZONING AND URBAN RENEWAL. THE

YEAR BEFORE THE FLORIDA LEGISLATURE FINALLY GAVE TO ALL LOCAL

GOVERNMENTS THE AUTHORITY TO PLAN AND TO EXERCISE THE MINIMUM LAND

USE CONTROLS OF ZONING, SUBDIVISION REGULATIONS, AND CONSTRUCTION

CODE AUTHORITY TO IMPLEMENT PLANNING PROGRAMS. IT TOOK EIGHTEEN

YEARS OF HARD WORK, AND A REAPPORTIONMENT OF THE STATE LEGISLATURE, TO

GET THAT MINIMAL, PERMISSIVE, NON-MANDATORY AUTHORITY FOR FLORIDA'S

LOCAL GOVERNMENTS.

IT IS EIGHTEEN YEARS LATER AND WE ARE FINALLY DOING SOME SERIOUS

MANDATORY PLANNING. WE ARE NOW HAVING TO MAKE SOME CRITICAL CHOICES,

WHICH MEANS CONFLICTS. BUT MANY OF THESE ARE HEALTHY CONFLICTS; THEY

ARE THE GROWING PAINS OF HONEST PUBLIC POLICY-MAKING. THE PUBLIC HAS

GIVEN US AS PLANNERS AND LAWYERS THE RESPONSIBILITY FOR MAKING THIS

SYSTEM WORK. IT MAY TAKE ALL OF OUR 1980'S DNA BRAIN MATTERS AND

PROFESSIONAL SKILLS TO MANAGE THESE CONFLICTS AND OTHERWISE

IMPLEMENT THESE LAWS; BUT:

WE MUST PROVE DON SCHON WRONG

WE MUST LIVE UP TO AND EXCEED OUR PROFESSIONAL

RESPONSE-ABILITIES AS PUBLIC CITIZENS AND

PRACTICING ATTORNEYS AND PLANNERS










WE MUST SHOW OUR METHODS AND PRACTICES, INCLUDING

ADRl'GMCR,ARE EFFECTIVE TO ACHIEVE OUR GROWTH

MANAGEMENT GOALS

AND FINALLY WE MUST NOT TAKE ANOTHER EIGHTEEN YEARS

TO DO IT.




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