“Be Somebody”

By the early 1960s Chesterfield Smith was becoming a leader in the Florida Bar, and in 1964 he became president. Shortly after his term as president ended, the governor named Smith hair of a new Constitution Revision Commission. This group succeeded, where others had failed, in drafting a wholly new constitution for Florida and getting the legislature to place it on the ballot, where a majority of Florida’s citizens approved it. As the Constitution Revision Commission finished its work, Smith merged his growing law firm with one based in Tampa. The resulting firm, Holland & Knight, continued to expand and to open more offices.

No Man Is above the Law

President Richard Nixon, hounded by Watergate-related pressures, reacted by trying to fire special prosecutor Archibald Cox, who was leading the Watergate investigation. That attempt resulted in not only Cox’s firing but also in the resignation of the attorney general and deputy attorney general. Chesterfield Smith, American Bar Association (ABA)president, quickly issued a statement condemning the action and declaring that no man, not even the president, was above the law. His was one of the first “establishment” voices to condemn the president’s acts; many in the ABA condemned Smith rather than Nixon. Smith found himself a national figure and, to some, a hero.

Growth and Transition

As Chesterfield Smith’s firm mushroomed, it advocated hiring women and minorities. This effort did not always go smoothly; many partners were old-guard southerners who dismissed the need to diversify. Smith often had to champion his hires, and began a pattern of having a junior associate, usually a woman, work closely with him for a year or two to assist, learn, and gain contacts and experience. Two of these “Chesterfield girls” were Martha Barnett, the firm’s first woman lawyer, who would go on to become president of the American Bar Association, and Marilyn Holifield, who would become the firm’s first black woman partner. Smith decided to relinquish management of the firm in his sixties, and a period of several years of bumpy leadership models and conflict among partners ensued. Smith did not keep his hands off but often dipped back in to settle disputes or to stir the pot. Smith, still active in the ABA, began a close friendship with then-professor Ruth Bader Ginsburg through ABA activities.

Arcadia

Smith grew up in a small ranching town in southwest Florida called Arcadia. His father’s large and accomplished family lived there as well, providing structure for Smith and his siblings, whose father was often absent. Smith’s mother provided stability and inspiration. Smith graduated high school and worked odd jobs while attending college part-time. This lasted until he enlisted in the army shortly before the United States entered World War II.

School and a Changing Profession

After returning from the war, Smith had purpose. He enrolled in law school at the University of Florida. His earnings and the GI Bill supported him, his wife, and his new family. Smith was a leader at the law school in a class of outstanding students, serving as an assistant to a professor and cofounding the University of Florida Law Review, a scholarly journal.

The Multiplier Effect

Chesterfield Smith’s ideals lived beyond his years. This chapter describes people, such as Martha Barnett and Alex Sink, and organizations inspired by or dedicated to Smith and his ideals. Legal Aid organizations named buildings after him; an informal “Chesterfield Smith Society” meets regularly to discuss issues and projects of interest; and Smith’s twin instructions to all he knew, to “Be Somebody” and to “Do Good,” have influenced many.

Holland, Bevis, McRae & Smith

Smith returned to Arcadia to practice law with a small firm there but shortly was recruited to practice with a firm in Bartow, Florida, in neighboring Polk County. Smith worked hard and soon found himself not only a partner but also running the firm and recruiting lawyers himself. He dreamed of growth and made the growth happen, taking advantage of new ideas such as specialized practice areas, hourly billing, and seeking out and hiring top students. In the meantime, he made himself valuable to the firm’s clients in the citrus industry and the environmentally destructive phosphate industry. Smith and his family would boat nearly every weekend and took some memorable trips.

War

Chesterfield Smith served in the U.S. Army for more than five years; after excelling in training in Kansas and Mississippi, he married his childhood sweetheart and was shipped overseas. Smith, a captain, led an artillery battalion that saw action in France and eventually fought as reinforcements in the Battle of the Bulge. Smith suffered a minor wound in Germany from a Messerschmidt jet plane. He cleaned up an uninhabitable prison camp he found in a German town by forcing the townspeople to switch places with the prisoners until the townspeople had made the prison habitable.

A Big Platform

Smith appeared an unlikely American Bar Association president; he was not the corporate type and was described in the press as chunky and effervescent, with a thick southern accent. He had several goals for his presidential term, but they were swept away by the Watergate scandal. Smith responded to Richard Nixon’s Saturday Night Massacre by boldly condemning Nixon’s actions, a statement that catapulted him into the spotlight and ensured he would have many high-profile speeches. His comments made it into Nixon’s daily press briefings several times. Never one to back down, Smith, a decorated World War II veteran assisted by Bill McBride, a decorated Vietnam War veteran, closed out his presidency by advocating amnesty for draft dodgers.

“Do Good”

Smith’s wife, Vivian, died, and Smith quickly remarried Jacqueline Pearce Allee, dean of St. Thomas Law School, more than 25 years his junior. Smith began to see the full fruits of his work blossom. The firm opened a community services team, dedicating lawyers and staff to pro bono work. Smith testified before the senate first opposing Robert Bork’s nomination to the Supreme Court and then supporting Ruth Bader Ginsburg’s. The firm, under Bill McBride’s management, expanded nationwide and into several countries. Smith continued to work, even as his health began to decline. His proteges Talbot “Sandy” D’Alemberte, Martha Barnett, and Bill Neukom became ABA presidents. Smith died in 2003, at age 85.