Clark Smith’s Installation Speech
Article Date: Saturday, June 17, 2006
Written By: Russell Rawlings
Delivered Saturday, June 17, 2006, at the Sheraton Atlantic Beach Oceanfront Hotel, upon installation as the 112th president of the North Carolina Bar Association.
D. Clark Smith Jr., 112th president of the NCBA. |
Acknowledgment of Mike Colombo as President
Last year Mike Colombo, our newly installed president introduced us to his theme of “Renaissance of Professionalism.” Having mentored under Mike for the past year, I have come to realize and appreciate that Mike is himself truly a “Renaissance Man”: a nuclear engineer, an F-4 Fighter Jet pilot, a wine connoisseur, a marathon runner, one of North Carolina’s Super Lawyers, and a bar leader par excellence. Mike has served this Association with conviction, dedication, insight, passion, efficiency, and effectiveness. At his side is his beautiful wife, Brenda, who is always cheerful, smiling, and supportive. Pat and I have come to know and love them and appreciate their collective wisdom and charm and dedication. Mike and Brenda, on behalf of all of us, we extend our sincerest thanks for a job well-done.
Acknowledgment of Family
As I accept this great honor of serving as President of your Association, I am reminded of the farmer who came upon a turtle perched on top of a fence post and observed that turtle didn’t get there by himself. I didn’t get here without the encouragement and support of many people, many of whom I would like to recognize tonight.
First and foremost, my dear wife, Pat, who has encouraged me and supported me in accepting this challenge and has dedicated her life to rearranging schedules and priorities to allow me to undertake this office.
Next, my family who is here with me to share in this joyous occasion: (a) Our son, David, an actor and real estate agent in Los Angeles. (b) Our son, Alden, a paralegal with the firm of King and Spalding in Washington, D.C., and aspiring law student (c) Our daughter, Jodi Burkholder, and her husband, Adam. Jodi is a recent graduate of UNCG and will be a 1st grade school teacher in Randolph County. Adam is an officer with the High Point Police Department. (d.) Our son, Jason, a rising junior at North Davidson Senior High School and a soon to be licensed North Carolina driver.
My parents, Margaret and David Smith, are elderly and infirm and unable to travel, but I know that they are here in spirit, and I would like to acknowledge their influence on me and there unwavering love, support and encouragement.
I am especially honored to have present tonight my lifetime role model, my mentor, my friend, my Senior Partner, and my uncle, Walt Brinkley. As you know, Walt was the President of this Association in 1974/1975. It is due to his guidance and encouragement that I became involved in Association matters. The privilege to walk in Walt’s footsteps as President of this Association provides me an opportunity to acknowledge the influence he has had on my life, and hopefully, bring honor to him for the time and energy he has invested in me, my life, and my career.
I am pleased to have present tonight to swear me in our Senior Resident Superior Court Judge and good friend, Mark Klass and his wife Becky. Mark and Becky, thanks for arranging your schedules to share this evening with us.
Next, I would like to recognize the members of my law firm, Brinkley Walser, who have enabled me to take time out of our practice to serve this Association. They have been most encouraging and supportive as indicated by their presence here tonight. I would ask them and their spouses to stand to be recognized: Walt and Helen Brinkley, Thompson and Kristie Miller, Steve and Cathy Coles, David and Elizabeth Inabinett, Steve Barnhill, April Craft and Mackey Koonts, Bradley Hunt. Also here is our office Administrator, Teresa Herman and her husband, Kent, and the two people who assist me each day in so many ways, to keep my life organized and make me look good: my personal Administrative Assistant, Tammy Lopp, and my nurse paralegal, Kelly Hamrick.
I would also like to recognize a few dear friends and family who are here tonight: John and Sylvia Walser; Dawn and Sid Harris; and Len Brinkley.
Introduction
Last year I stated that I was humbled and overwhelmed as I pondered filling the shoes of those who have gone before me as president of the North Carolina Bar Association. Tonight, I am more humbled and overwhelmed than ever.
I am humbled by the fact that I have met and observed hundreds of lawyers throughout this state who are intelligent, unselfish, driven to public service and passionate about their role as a lawyer and public servant. I am overwhelmed by the breadth of this Association and the depth of commitment of those who serve it. This Association has a rich history with a sense of tradition and camaraderie that has served us well and inspired us as attorneys. To the extent we can hold on to that history and those traditions we will do so, however, as noted in the introduction to our newly adopted Strategic Plan, “Momentum 2010," North Carolina continues to undergo staggering changes in population, economy, and natural resources and there is no end in sight. Of all of the predictions for North Carolina’s future, only one seems certain; more change will come and it will come with ever increasing speed.
Many of you will recall the recent best seller by Spencer Johnson, “Who Moved My Cheese.” We can learn from the tenets of this book and acknowledge change in our legal profession. We must learn to change and adapt quickly. We must learn to enjoy the changes or be left behind. We should also learn that we will need to change and adapt quickly again and again as technology and society progress.
Those who know me and have visited my law office know that I have an affinity for lighthouses. Their appeal comes from the symbolism they reflect. For centuries lighthouses have been a symbol of security. Those at sea saw a beacon of light and felt assurance that they were not alone. Lighthouses provided warning from shifting inlets, shoals, reefs, and other dangers. They provided guidance for safe passage into harbors. They provided notice for one adrift at sea that the security of land was near. The lighthouse was often a symbol of safe return. Lighthouses assisted navigators in verifying their positions and safe courses and warned of dangers and obstructions to certain routes.
A lighthouse is a beacon to all within its scope of influence, day and night, on land and on sea, in weather good and bad. In conjunction with our meeting here on the coast of North Carolina, within a short distance of the Cape Lookout lighthouse, and my affinity for lighthouses and the symbolism they represent, I have chosen as my theme for the year “North Carolina Bar Association – Beacon to the Profession.” As a beacon to the profession, this Association can stand tall, by being visible to the profession and the public, by helping to safely navigate the shifting sands of change, by providing the guiding light toward professionalism and competency, by providing comfort and safe passage in perilous times, and by standing as a symbol of respect and reliability amidst the rough waters of transition and change.
Our charted course features five initiatives, all of which are deeply rooted in our new strategic plan.
# 1
Momentum 2010
Our Strategic Planning and Emerging Trends Committee, under the able leadership of Martin Brinkley, has worked for two years to bring us a new strategic plan. I have asked Reid Phillips of Greensboro to chair the committee this year with the charge of implementing this ambitious plan. The committee initially framed a statement of purpose which said we would: “create a pathway for NCBA leaders and staff to initiate new programs and member services and nurture existing ones; enhance NCBA’s ability to serve its members, the public, and the legal profession; articulate concrete, attainable and verifiable goals; inspire NCBA leaders and staff to innovation; and identify goals for the NCBA that acknowledge the rapid pace of change in society and the practice of law while embracing anew the core values of our profession.” I applaud the committee for accomplishing these purposes in the plan, and I set as my number one initiative for the coming year the beginning of implementation of Momentum 2010, which focuses on five areas of influence: the lawyer’s office, the profession, the courthouse, the community, and the Bar Association. The plan includes 21 specific goals within these 5 areas and 87 identified targets. All of these goals and targets will not be accomplished during the next year, but we will be examining and analyzing and understanding this plan with the objective of initiating implementation this year and continuing implementation in future years.
With respect to the lawyer’s office, the Bar Association will provide services and benefits that contribute to the professional success and personal well-being of its members by helping its members anticipate, recognize, and adapt to changes in the law practice environment and by providing technology and tools that improve the member’s ability to render legal services to clients.
With respect to the profession, this Association will continue to be the voice of the legal profession in North Carolina by promoting justice, fostering civility among lawyers, encouraging pro bono and community service, and by supporting ethical conduct by lawyers and others.
With respect to the courthouse, we will be a voice of support for the judiciary, both in its funding and in its independence, insisting upon a court system in which judges are highly competent and are supported with appropriate resources and technology and where the litigants are treated the same regardless of race, gender, economic status, location, language or physical disability.
With respect to the community, we will advocate vigorously for improvements in the law that benefit the community and promote public citizenship. We will educate the citizenry to promote an understanding of civics, a culture of respect for the legal system, the role of the lawyers within that system, and the rule of law.
Finally, with respect to the Bar Association, we will push for the implementation of the Strategic Plan by becoming more service-oriented, more innovative, and by staying relevant. We will be a technology resource for members and will focus on the value of our membership by supporting our sections and committees, building diversity, communicating effectively with our members through print, Internet, and other technology, and by reaching out into the communities of our members.
#2
The Citizen Lawyer
I am pleased to announce the formation of the Citizen Lawyer Task Force which will be chaired by Bill Flynn of Raleigh. The purpose of this task force is to investigate and report ways in which lawyers of the state can become more engaged as productive citizens in their local communities. The importance of this was mentioned by Judge Tacha in her speech on professionalism yesterday at the President’s Luncheon. In so doing, lawyers will give the public an opportunity to know and observe them at their best – engaged in public service. Civic organizations, community groups, school boards, and local governments will derive the benefit of attorneys who are highly skilled in analysis, problem solving and negotiating solutions; the General Assembly will benefit from more lawyer-legislators who have an understanding of law and procedure necessary to draft new legislation.
#3
Support of the Judiciary
As mentioned this morning by Mike Greco, President of the American Bar Association, the mood and tone of hostility toward the third co-equal branch of our government and the current discourse has reached unprecedented levels of late. We must be deeply committed to defending the independence and integrity of the judiciary. Without a strong independent judicial system, we would not enjoy the rights and liberties that we have fought so long to preserve and expand. Without respect for separation of powers and the judiciary, the rule of law will become ineffective. The key to the long-term prosperity and success of this country and the hope to coming generations is the application and maintenance of the rule of law.
Our Association will be an advocate for upholding the rule of law and respect for the judiciary. We will advocate for judicial funding sufficient to insure competitive judicial salaries, adequate judicial staffing, resources for implementing technology such as e-filing, resources for maintaining and replacing aging courthouses and providing security at those courthouses, resources for providing accessibility for the disabled and interpretation for those who do not speak English.
We will support legislation providing for the appointment of judges and retention elections, thereby eliminating the need for large sums of funding for judicial elections which fuels a perception of justice for sale. I am happy to report that Retired Chief Justice Beverly Lake and Retired Superior Court Judge Wade Barber will co-chair our Judicial Independence Committee and continue to push for legislation to adopt these programs.
We will also investigate a judicial performance evaluation program to assure competency of judges and to educate the public who will vote either for the election or retention of judges that are often unknown to them. We will implement a rapid response communication program that will respond in the media to any inappropriate attacks on our judges or our judicial system.
#4
Law-Related Education
As mentioned by (ABA President) Mike Greco this morning, a recent ABA survey reveals that slightly less than 50% of our population cannot name the three co-equal branches of government, much less explain the concept of separation of powers. In order for us to maintain the rule of law and respect for our system of justice, citizens must understand and appreciate the need for and the role of the judicial branch. We can promote a better statewide understanding of civics by educating the public about these matters and building a culture of respect. We will expand the law-related education program within the Association to disseminate education about the work of lawyers and the legal system.
I will ask Mike Dayton, Chair of our Communications Committee, to investigate hiring a full-time law-related education director to oversee, coordinate, implement and support all of the Bar Association’s public education initiatives and to work with all of the sections and committees and divisions to investigate ways in which we can increase public understanding of the law. This effort will be directed not only at schools, but also to the general adult population of the state, especially its rapidly growing immigrant population.
#5
Reaching Out to Our Membership
Our Association is comprised of approximately 14,000 lawyers, law students and legal assistants across the State of North Carolina and beyond. To foster collegiality, the Bar Association has embraced a culture of required physical attendance at meetings, the vast majority of which are held at our impressive Bar Center. If this culture is allowed to persist, we will harm the Association over the long term by discouraging participation by volunteers in areas more than an hour’s drive from Cary. We must work harder to accommodate our members’ need for efficient use of their time by providing opportunities for service that do not routinely require travel to the Bar Center.
We must optimize interactive technologies that will allow our members to participate in meetings from anywhere in North Carolina while encouraging leadership and staff to travel around the State more frequently meeting with local bar leaders and lawyers in law firms in their local communities.
One of the most daunting challenges for lawyers in today’s society is to keep abreast of the technological changes. The Internet has revolutionized information dissemination, and lawyers who have embraced it have obtained new levels of communication and new resources for information and legal research. Membership in our Association should provide lawyers, regardless of practice area, large or small, urban or rural, the opportunity to stay abreast of changes in technology and assist members in identifying technology that will be beneficial to their practices and in training them in the use of such technologies so they can improve their ability to render legal services to their clients.
I will ask Judge Bill Neely and our Technology Advisory Committee to consider new ways to assist our membership in this realm by providing technical expertise to our members. We will identify professionals who will scan the horizon of change and identify new means of technology that can be used by our Association members to stay on the cutting edge and become more efficient and competitive in the global marketplace. We will be a clearinghouse to provide information to our members about the availability of training, new resources and communications, new hardware and software, and new products that will assist our attorneys who do not have access to IT departments. We will perform assessments and evaluations so that they can make wise choices without having to reinvent the wheel each time a new technology is unveiled.
Conclusion
In a 1946 address to the Bar, John W. Davis, then President of the West Virginia Bar Association, defined the role of lawyers as such:
“True, we build no bridges, we raise no towers, we construct no engines, we paint no pictures. There is little of all that we do which the eye of man can see, but we smooth out difficulties, we relieve stress, we correct mistakes, we take up other men’s burdens and by our efforts, we make possible the peaceful life of men in a peaceful state.”
I am proud to be a lawyer, I am proud to be a member of the bar in North Carolina and to be a part of the tradition of integrity and leadership and competency and civility that has prevailed in North Carolina. I am proud that the North Carolina Bar Association serves as the umbrella organization under which lawyers of diverse ranks can come together and provide the voice of reason by building consensus on what is good for both the public and the profession.
The law is a noble profession. The profession is changing and we must acknowledge and embrace that change in order to preserve our profession and the rule of law in an ever changing society. This Association can maintain the traditions of this profession and can establish innovations in accordance with those traditions so that the nobleness of this profession and the rule of law will still be in existence and will still be strong for generations to come.
With your support, and with the support of the excellent staff at the Bar Center led by Allan Head, and with God’s help, we can and will be a beacon to the profession, this year and in the years to come.
Pat and I appreciate the honor and privilege you have bestowed upon us, and we look forward to the coming year and to the fulfillment of our dreams for this Association.
Thank you and let the fun begin!