REMARKS BY
THE HONOURABLE R. ROY MCMURTRY. Q.C.
ATTORNEY GENERAL FOR ONTARIO
AT THE
CONVOCATION OF THE LAW SOCIETY OF UPPER CANADA
AND
9 APRIL 1984
CALL TO THE BAR
CONVOCATION HALL,
UNIVERSITY OF TORONTO
PAGE 1
I'M PROFOUNDLY GRATEFUL TO THE BENCHERS AND MEMBERS OF THE
SOCIETY FOR THE GREAT HONOUR THEY'VE PAID ME IN AWARDING
ME AN HONORARY DOCTORATE. THERE CAN BE NO MORE IMPORTANT
ACCOLADE THAN THE RECOGNITION OF ONE'S PEERS AND
COLLEAGUES. DURING MY MORE THAN EIGHT YEARS AS YOUR
ATTORNEY GENERAL, THE SATISFACTION OF WORKING WITH MY
COLLEAGUES IN THE LAW SOCIETY, INDIVIDUALS VERY COMMITTED
TO SERVING THE PUBLIC INTEREST, HAS INDEED BEEN A
REWARDING EXPERIENCE.
I AM, OF COURSE, DfLIGHTED TO BE ABLE TO SHARE THIS
SPECIAL OCCASION WITH YOU. AFTER YEARS OF STUDY AND
TRAINING YOU ARE ABOUT TO EMBARK ON THE GREAT ADVENTURE
THAT IS THE PRACTICE OF LAW. You ARE ABOUT TO JOIN A
GREAT AND HISTORIC TRADITION. I AM PLEASED TO HAVE THIS
OPPORTUNITY TO CONGRATULATE EACH ONE OF YOU AND TO WISH
YOU ALL SUCCESS, HAPPINESS AND PROFESSIONAL FULFILMENT AS
YOU PURSUE YOUR CAREERS.
PAGE 2
I FIND IT DIFFICULT TO BELIEVE THAT IT IS OVER A QUARTER
OF A CENTURY SINCE I SAT, SOMEWHAT APPREHENSIVELY, ALBEIT
IN AcSOMEWHAT LESS CHALLENGING ERA, IN YOUR PLACE AS JOHN
ROBINETTE PRESIDED OVER OUR CALL. IN THE INTERVENING
YEARS OUR PROFESSION HAS HAD TO FACE MANY CHANGES, AND NEW
CHALLENGES. I SHOULD LIKE TO REFLECT ON A FEW OF THEM
TONIGHT.
SOME OF THE RECENT CHANGES HAVE BEEN VERY SAD ONES.
SPECIFICALLY I REFER TO THE DEATHS DURING THE PAST TWO
WEEKS OF THE RIGHT HONOURABLE BORA LASKIN, CHIEF JUSTICE
OF CANADA, AND WILLIAM BELMONT COMMON, A GREAT PUBLIC
SERVANT AND A LIFE BENCHER OF THIS SOCIETY.
PAGE 3
IT IS CERTAINLY FITTING IN CONVOCATION HALL TO SPEAK OF
BORA LASKIN, FOR IT WAS AT THE UNIVERSITY OF TORONTO THAT
HE FlRST PUT HIS STAMP ON CANADIAN LAW. ALL OF YOU HAVE
ENCOUNTERED IN YOUR LEGAL EDUCATION, BORA LASKIN'S
TRENCHANT ANALYSES, PROVOCATIVE QUESTIONING, AND BRILLIANT
EXPOSITIONS OF CANADIAN CONSTITUTIONAL LAW, LABOUR
RELATIONS, PROPERTY, CRIMINAL LAW, TAXATION, TORTS, FAMILY
LAW - THE RANGE IS AS IMPRESSIVE AS THE DEPTH. AND THEN
HIS SECOND CAREER ON OUR COURT OF APPEAL AND ON THE
SUPREME COURT OF CANADA.
I NEEDN'T REMIND ANYONE HERE TONIGHT OF CHIEF JUSTICE
LASKIN'S UNPARALLELED CONTRIBUTION TO CANADIAN
JURISPRUDENCE, HIS CONCERN FOR CIVIL LIBERTIES, HIS
DEDICATION TO THE RULE OF LAW AND HIS SERVICE TO CANADA.
HE WAS A GIANT OF OUR LAW. HIS CAREER SHOULD STAND AS A
MODEL AND A CHALLENGE TO ALL OF US.
PAGE 4
WILLIAM BELMONT COMMON'S NAME rs NOT AS WELL KNOWN TO THE
PUBLIC AS BORA LASKIN. HE WAS DEPUTY ATTORNEY GENERAL
FROM -,1957 TO 1964 AND A LIFE BENCHER. To THOSE OF US WHO
WORK AS LAW OFFICERS OF THE CROWN, HIS INSISTENCE ON THE
UTMOST FAIRNESS IN THE CONDUCT OF CRIMINAL PROSECUTIONS IS
A CENTRAL PART OF OUR TRADITION, OUR HERITAGE, AND OUR
DAILY APPROACH TO OUR DAILY TASKS. Hrs EXAMPLE AS A FAIR
YET TOUGH-MINDED PROSECUTOR HAS BEEN PASSED DOWN THROUGH
FOUR GENERATIONS OF CROWN PROSECUTORS. EVERY DAY IN THIS
PROVINCE MEN AND WOMEN WHO CONDUCT PUBLIC PROSECUTIONS ON
BEHALF OF THE CROWN ASK THEMSELVES: rs THIS RIGHT; rs
THIS WRONG; SHOULD I LEAD THIS EVIDENCE OR NOT; IS IT FAIR
TO ASK THE ACCUSED THIS QUESTION; WHAT IS THE FAIR AND THE
RIGHT THING TO DO IN THIS CASE. AND THEIR ANSWERS TO
THOSE QUESTIONS COME LARGELY FROM THE STRONG PERSONAL
EXAMPLE SET BY MR. COMMON AND TRANSMITTED FROM PERSON TO
PERSON THROUGH GENERATIONS OF CROWN ATTORNEYS •
. ~ ..
PAGE 5
IN THIS WAY OUR PROFESSION DEPENDS LARGELY ON VALUES AND
TRADITIONS AND PERSONAL EXAMPLES OF COURAGE AND INTEGRITY
THAT ARE NOT EASILY REDUCED TO ANY SIMPLE FORMULA OR ANY
FORM OF WORDS. BUT THE ONE THEME THAT REMAINS CONSTANT IS
OUR TRADITION OF PUBLIC SERVICE.
IN A VERY REAL SENSE, WHAT I'D LIKE TO TALK ABOUT TONIGHT
IS THE CONTINUATION OF THAT TRADITION OF SERVICE DURING A
PERIOD OF REMARKABLE CHANGE IN OUR LAW. LAW IS SOMETIMES
ACCUSED OF BEING A PROFESSION RESISTANT TO CHANGE, AND
WEDDED TO THE PAST. THE LIVES OF BORA LASKIN AND BILL
COMMON SHOW US CLEARLY THAT THE LAW CAN BE CHANGED TO MEET
NEW CHALLENGES, AND THAT OUR INSTITUTIONS CAN MEET NEW
NEEDS.
PAGE 6
TONIGHT I WANT TO TOUCH ON THREE SUBJECTS: THE NEED FOR
OUR PROFESSION TO BE OPEN TO CHANGEs THE NEED TO MAINTAIN
THE CENTRAL, HISTORIC TRADITIONS OF OUR LEGAL SYSTEM; AND
OUR OBLIGATION TO SERVE SOCIETY AS A WHOLE.
THE GRADUATING CLASS OF '84 NEEDS NO REMINDER OF THE
PERVASIVENESS OF CHANGE IN OUR SOCIETY. THESE ARE TIMES
WHEN LITTLE SEEMS SETTLED OR CONSTANT. AND THE LAW ISN'T
IMMUNE FROM THIS PROCESS. As MARCUS AURELIUS SAID FIFTEEN
HUNDRED YEARS AGO, "THE UNIVERSE IS CHANGE, LIFE IS
UNDERSTANDING".
THE SUCCESSFUL LAWYER OF TOMORROW WILL BE ONE WHO REMAINS
OPEN TO CHANGE, WHO DEVELOPS NEW WAYS OF MAINTAINING HIS
OR HER PROFESSIONAL SKILLS AND KNOWLEDGE. IF CONTINUING
LEGAL EDUCATION EVER WAS A LUXURY, IT CERTAINLY ISN 'T
NOW. IT'S A NECESSITY. LAWYERS WHO FAIL TO KEEP UP WITH
NEW DEVELOPMENTS AREN'T SIMPLY FAILING THEMSELVES.
THEY'RE A MENACE TO THEIR CLIENTS.
PAGE 7
STRENGTHENING PROFESSIONAL KNOWLEDGE ISN'T SIMPLY A
QUESTION OF. SUBSTANTIVE LAW. THERE ARE NEW SKILLS THAT
WILL-INCREASINGLY BE REQUIRED OF US. WITH THE COST OF
LITIGATION INCREASING YEAR BY YEAR, IT'S EQUALLY IMPORTANT
FOR LAWYERS TO KNOW HOW TO NEGOTIATE, TO FASHION
SETTLEMENTS, TO COOL TENSIONS AS IT IS FOR THEM TO KNOW
All THE STEPS OF A CIVIL SUIT, AND THE INS AND OUTS OF THE
ADVERSARY SYSTEM.
PAGE 8
CHANGE HAS PUT THE PROFESSION AS A WHOLE UNDER THE
SPOTLIGHT. WE'RE NOT UNIQUE IN THAT. ALL OF OUR
INSTJ}UTIONS, WHETHER PUBLIC, PRIVATE OR PROFESSIONAL ARE
UNDER INCREASING SCRUTINY. LONG STANDING PRIVILEGES,
PRACTICES OR MONOPOLIES NOW HAVE TO BE RE-EXAMINED,
EXPLAINED AND JUSTIFIED. THE PUBLIC CERTAINLY IS NOT
GOING TO ACCEPT UNCRITICALLY THAT PROFESSIONAL MONOPOLIES
ARE NECESSARILY ALWAYS IN THE PUBLIC INTEREST. THAT'S AS
IT SHOULD BE. THE PUBLIC HAS A MAJOR DIRECT, AND
INDIRECT, INVESTMENT IN THE LEGAL PROFESSION, AND
ACCOUNTABILITY WILL CONTINUE TO BE A MAJOR ISSUE.
THEREFORE WE MUST CONTINUALLY RE-EXAMINE OUR LEGAL
INSTITUTIONS AND OUR LEGAL PROCESSES WITH A VIEW TO
DETERMINING WHETHER THEY CAN BE IMPROVED IN THE PUBLIC
INTEREST.
PAGE 9
AT THE SAME TIME. I REALIZE THAT AS THE LAW IS THE
FOUNDATION OF ANY CIVILIZED SOCIETY, UNTHINKING OR
UNNECJSSARY CHANGE CAN PRODUCE FORMS OF INSTABILITY AND
UNCERTAINTY THAT CAN SERIOUSLY DAMAGE THE FABRIC OF ANY
SOCIETY.
I WANT TO STRESS THAT THE LEGAL SYSTEM EXISTS TO SERVE THE
PUBLIC AND NOT JUST THE LAWYERS, JUDGES OR GOVERNMENT.
PUBLIC CONFIDENCE IS OBVIOUSLY THE BEST MEASURE OF THE
STRENGTH AND INTEGRITY OF OUR LEGAL SYSTEM. IT CERTAINLY
IS THE BEST MEASURE OF THE SUCCESS WITH WHICH WE PRACTICE
OUR PROFESSION. IN GOVERNMENT WE HAVE TAKEN A NUMBER OF
STEPS TO ENHANCE THAT CONFIDENCE.
PAGE 10
ONE OF THE MAJOR INITIATIVES DURING MY EIGHT YEARS AS
ATTORNEY GENERAL HAS BEEN THE DEMYSTIFICATION OF THE LAW.
LAW MUST BE MADE MORE ACCESSIBLE TO THE PUBLIC IN EVERY
WAY. REFORMS SUCH AS THE PROVINCIAL OFFENCES ACT, UNIFIED
FAMILY COURT, PROVINCIAL COURT (CIVIL DIVISION), AND
COMMUNITY LEGAL CLINICS HAVE ALL SHARED THIS UNDERLYING
AIM.
WE MUST STRUGGLE AGAINST THE PERCEPTION THAT THE LAW IS
BECOMING INCREASINGLY REMOTE FROM THE INDIVIDUAL CITIZEN.
FAIR AND JUST LAWS ARE OF LITTLE COMFORT TO A CITIZEN WHO
FEELS DENIED REASONABLE ACCESS TO THE LEGAL PROCESSES THAT
SHOULD BE AVAILABLE TO EVERY CITIZEN.
SIMPLER PROCEDURES AND LESS EXPENSIVE METHODS OF RESOLVING
CITIZENS' DISPUTES SHOULD THEREFORE BE GOALS THAT WE
SHOULD ALL STRIVE FOR.
PAGE 11
IN THIS CONTEXT WE All CAN BE GUIDED BY THE WORDS OF LORD
BROUGHAM IN ONE OF THE GREATEST LAW REFORM SPEECHES OF All
TIME, _ SOME 150 YEARS AGO,
"IT WAS THE BOAST OF AUGUSTUS ••• THAT HE FOUND ROME OF BRICK AND LEFT IT OF MARBLE, A PRAISE NOT UNWORTHY A GREAT PRINCE, AND TO WHICH THE PRESENT REIGN ALSO HAS ITS CLAIMS. BUT HOW MUCH NOBLER WILL BE THE SOVEREIGN'S BOAST, WHEN HE SHALL HAVE IT TO SAY, THAT HE FOUND LAW DEAR, AND LEFT IT CHEAP; FOUND IT A
SEALED BOOK - LEFT IT A LIVING LETTER; FOUND IT THE PATRIMONY OF THE RICH - LEFT IT THE INHERITANCE OF THE POOR; FOUND IT THE TWO-EDGED SWORD OF CRAFT AND OPPRESSION -LEFT IT THE STAFF OF HONESTY AND THE SHIELD OF INNOCENCE."
SENSITIVITY TO THE SPECIAL NEEDS OF THE COMMUNITY IS AN
ABSOLUTE NECESSITY. EXCITING DEVELOPMENTS ARE TAKING
PLACE IN OUR LEGAL SYSTEM. I AM PROUD TO HAVE PIONEERED A
FEW OF THEM. AMONG MY STRONGEST COMMITMENTS IS THE
ACHIEVEMENT OF BILINGUAL JUSTICE IN OUR COURTS.
PAGE 12
0UAND JE PARLE DE LA NECESSITE POUR LE BARREAU OE REPONDRE
AUX BESOINS DES CITOYENS, JE PARLE AUSSI OU OROIT D'ETRE
ENTENDU DANS LES DEUX LANGUES OFFICIELLES DU CANADA, ET
DES TRIBUNAUX DE L'ONTARIO.
IC! EN ONTARIO, LA COMMUNAUTE FRANCOPHONE POURRA ETRE
MIEUX OESSERVIE AVEC LA VENUE CROISSANTE DE NOUVEAUX
AVOCATS D'EXPRESSION FRAN~AISE.
DEPUIS LES SEPT DERNIERES ANNEES, LA LANGUE FRAN~AISE A
ETE ACCEPTEE DE PLUS EN PLUS DEVANT LES TRIBUNAUX DE NOTRE
PROVINCE, ET J'EN SUIS FIER.
PAGE 13
AU BARREAU, POUR LA PREMIER FOIS CETTE ANNEE, LES
ETUDIANTS FRANCOPHONES ONT EU LA POSSIBILITE D'AVOIR UN
COUR~ EN PROCEDURE CRIMINELLE. CECI EST UN BON DEBUT ET
J'ESPERE QUE CETTE INITIATIVE NE S'ARRETERA PAS LA. LE
BARREAU DOIT ETRE FELICITE ET SURTOUT ENCOURAGE A
CONTINUER CES DEMARCHES.
ET JE VOUS ENCOURAGE AUSSI D'AIDER A DIMINUER LES ECARTS
QUI NOUS Sf PARENT EN TANT QUE CANADIENS, EN PARTICIPANT
PLEINEMENT A LA DUALITE DE NOTRE PAYS, CE PAYS QUI FONDENT
SES ESPOIRS SUR VOUS.
PAGE 14
IN TODAY'S CRUCIBLE OF SOCIAL CHANGE, OUR LAWS, WHETHER
LEGISLATED OR JUDGE-MADE, ARE CHANGING CONSTANTLY TO MEET
NEW SOCIAL CONDITIONS. AND THESE NEW SOCIAL CONDITIONS
SHAPE THE CONCERNS OF THE PUBLIC AND THUS THE CONCERNS OF
THE POLITICIANS WHO SERVE AND REPRESENT THE PUBLIC.
LAWYERS MUST STRIVE TO UNDERSTAND THESE CHANGES AND THE
EFFECT THEY WILL INEVITABLY HAVE UPON THEIR CLIENTS.
WHATEVER OUR PHILOSOPHICAL STANCE, IT IS INCREASINGLY
CLEAR THAT THE LAWYER WHO LACKS A SENSE OF THE CONCERNS OF
THE BROADER COMMUNITY AND SOME SENSE OF EMERGING PUBLIC
POLICY, WILL BE UNABLE TO PROVIDE THE ADVICE MOST NEEDED
BY HIS CLIENTS.
AT THE SAME TIME, THE NEED HAS NEVER BEEN GREATER FOR
PEOPLE TRAINED IN THE LAW, FOR A PROFESSION WHICH
UNDERSTANDS THE INTRICATE WEAVE OF OUR LAW AND CAN
COMMUNICATE TO THE WHOLE COMMUNITY THE IMPORTANCE OF THE
LAW TO OUR SOCIAL FABRIC.
PAGE 15
THE FACT THAT INDIVIDUAL CASES AND THE ADMINISTRATION OF
JUSTICE ARE LARGELY IN THE HANDS OF LAWYERS, PLACES A VERY
SPECIAL OBLIGATION UPON US TO MAKE THE LEGAL PROCESS
MEANINGFUL TO THE PUBLIC WHOM WE SERVE. IN A VERY REAL
SENSE WE ARE THE GUARDIANS OF THE RIGHTS OF INDIVIDUALS
AGAINST ENCROACHMENT FROM ANY QUARTER, INCLUDING, OF
COURSE, GOVERNMENT. As LAWYERS, WE HAVE THE CONTINUAL
RESPONSIBILITY OF MAINTAINING AND ENHANCING A DELICATE
PROCESS FOR DETERMINING AND VINDICATING INDIVIDUAL RIGHTS
AND FOR RESOLVING THE COMPETING CLAIMS OF INDIVIDUALS WITH
THE COMMUNITY.
REMEMBER TOO LORD DENNING'S WISE WORDS OF CAUTION AGAINST
"CARING TOO MUCH FOR LAW AND TOO LITTLE FOR JUSTICE".
PAGE 16
I SPOKE EARLIER OF THE IMPERATIVE OF CHANGE AND HOW OUR
PROFESSION MUST BE OPEN TO THE FUTURE. AT THE SAME TIME,
WE MUST NOT JETTISON WHAT IS BEST IN OUR LEGAL TRADITIONS,
THOSE ENDURING IDEALS THAT HAVE BEEN SO EVIDENT IN THE
LIVES OF GREAT LAWYERS FROM COKE AND ERSKINE DOWN TO
LASKIN AND COMMON. IT IS A REAL DANGER. WE COULD EASILY
LOSE THE HISTORIC DIMENSIONS OF OUR PROFESSION IN THE
UNSEEMLY SCRAMBLE OF COMPETITION AND THE SURVIVAL OF THE
RUTHLESS.
PAGE 17
IN THE CANADIAN BAR REVIEW FORTY YEARS AGO, A TORONTO
LITIGATION LAWYER ASKED "Is THE LEGAL PROFESSION PREPARED
TO ACCEPT THE CHALLENGE OF THE TIMES". HE CONCLUDED THAT
THE PROFESSION HAD "FAILED MISERABLY IN INTERPRETING
[ITSELF] AND THE QUALITY OF [ITS] ACTIONS TO THE PEOPLE",
AND THAT THE PROFESSION HAD "UNNECESSARILY LIMITED [ITS]
SPHERE OF ACTIVITY AND INFLUENCE~. HE FELT THAT THE
PROFESSION HAD LOST ITS HISTORIC PRE-EMINENCE IN THE
DIRECTION OF THE DESTINIES OF MANKIND. POSITIVE STEPS
SHOULD BE TAKEN TO INVOLVE LAWYERS MORE ACTIVELY IN PUBLIC
LIFE.
THE AUTHOR OF THE ARTICLE WAS MY FATHER. AND YET THE
ISSUE STILL REMAINS A VITALLY IMPORTANT ONE. WHEN I
STARTED PRACTISING, ENTERING POLITICS WAS THE LAST THING
ON MY MIND. I'D GROWN UP FULLY AWARE THAT THE LAW IS A
VERY JEALOUS MISTRESS. I THOUGHT THEN THAT POLITICS AND
PERHAPS OTHER COMMUNITY ACTIVITIES WERE AT BEST
DISTRACTIONS OR AT WORST ILL-AFFORDABLE LUXURIES.
PAGE 18
THAT VIEW REFLECTED EARLIER TRADITIONS WHICH REGARDED THE
PROFESSION AND PERHAPS EVEN THE ADMINISTRATION OF JUSTICE
AS SQMEHOW DETACHED FROM THE REST OF THE COMMUNITY. AND
THERE WAS ALSO PERHAPS A PERCEIVED CONCERN THAT
INVOLVEMENT IN NON-LEGAL ISSUES WAS POTENTIALLY
INCOMPATIBLE WITH THE INDEPENDENCE OF THE PROFESSION,
WHICH IS THE BEDROCK OF THE RULE OF LAW.
TODAY I FEEL THESE CONCERNS WERE OVER-STATED. I BELIEVE
THAT WE MUST SEEK BROADER HORIZONS AS A PROFESSION. I
APPRECIATE THAT IT'S OFTEN DIFFICULT TO LOOK BEYOND THE
DAILY GRIND OF CLIENTS AND OVERHEAD. YET WE MUST ASSERT
THAT WE DO HAVE A ROLE TO PLAY BEYOND SERVING SPECIFIC,
OFTEN ESTABLISHMENT, INTERESTS.
You KNOW HOW DIFFICULT IT WAS FOR YOU TO GET WHERE YOU ARE
TODAY, HOW SELECTIVE THE PROCESS WAS, HOW HARD THE STUDY.
YET YOU HAVE BEEN SPECIALLY FORTUNATE IN OUR SOCIETY. You
ARE AMONG OUR MOST GIFTED PROFESSIONALS.
PAGE 19
YET WITH THESE PRIVI LEGES COME THE SPECIAL
RESPONSIBILITIES OF SERVICE. As A NATION WE PLACED AN
EXTRAORDINARY TRUST IN THE LEGAL PROFESSION WHEN WE
ACHIEVED OUR NEW CONSTITUTION. THE BENCH AND THE BAR HAS
BEEN GIVEN THE TASK OF GIVING LIFE TO THE CHARTER, OF
DEFINING THE PERMISSIBLE LIMITS OF THE REACH OF
GOVERNMENT , AND SHAPING THE FUTURE QUALITY OF LIFE IN OUR
DEMOCRACY.
THE RULE OF LAW IS . THE CHIEF BUTTRESS OF DEMOCRACY. OUR
ROLE AS THE GUARDIANS OF INDIVIDUAL LIBERTY WILL ONLY
ENDURE IF WE REMEMBER THAT THE LAW IS MORE THAN A MERE
TRADE OR BUSINESS. EACH OF US MUST PROTECT AND CHERISH
THESE IDEALS AND TRADITIONS WHICH LIE AT THE HEART OF OUR
DEMOCRACY.
PAGE 20
OURS IS AN ANCIENT AND HONOURABLE PROFESSION. IT HAS
GENERALLY SERVED THE PUBLIC WELL. OUR CONTINUING
CHALLENGE IS TO CONTINUE SO TO SERVE OUR COMMUNITY THAT
THE PROFESSION CONTINUES TO EARN PUBLIC SUPPORT AND
RESPECT. THE PRACTICE OF LAW MUST ALWAYS THEREFORE
INVOLVE A STRONG ELEMENT OF PUBLIC SERVICE.
A GREAT AMERICAN JUDGE ONCE SAID THAT THE CAREERS OF THE
GREATEST ADVOCATES HE KNEW HAD BEEN MARKED BY IMPORTANT
PUBLIC SERVICE IN THE COMMON GOOD. HE ASSERTED THAT NO
REALLY GREAT ADVOCATE WAS EVER CONTENT TO REPRESENT
PRIVATE CLIENTS All HIS OR HER LIFE. THE URGE TO SERVE
THE LEGAL PROFESSION AND THE PUBLIC WHEN THE OPPORTUNITY
IS PRESENTED IS AN ESSENTIAL PART OF THE CHARACTER OF ANY
GREAT LAWYER.
PAGE 21
TECHNICAL WISDOM OR INPUT IS VALUABLE, AND THE BAR MUST
PLAY AN IMPORTANT PART IN REFORM. OUR PRINCIPAL CHALLENGE
LIES _HOWEVER, NOT IN PERCEIVING THAT CHANGES OUGHT TO BE
MADE, OR EVEN WHAT THE SPECIFIC CHANGES SHOULD BE. THE
CHALLENGE LIES IN FINDING THE PEOPLE WITH THE FORESIGHT,
THE COURAGE AND THE HUMANITY TO MAKE THOSE CHANGES
HAPPEN. THAT HOPE WILL BE BITTERLY DISAPPOINTED UNLESS
PEOPLE CAN BE PERSUADED TO REJECT THE VIEW THAT THE SYSTEM
IS ROTTEN ANYWAY, AND THEY HAD THEREFORE BEST CONCENTRATE
ON LOOKING AFTER THEMSELVES. INSTEAD THEY MUST VIEW THE
HUMAN CONDITION WITH CURIOSITY, COMPASSION AND THE
CONVICTION THAT THEY CAN AND MUST HELP TO MAKE OUR COMMON
LOT A LITTLE BETTER.
PAGE 22
AND IT rs. OF COURSE, VITAL THAT SUCH PEOPLE CONTINUE TO
BE FOUND AND FOUND MORE FREQUENTLY WITHIN THE LEGAL
PROFESSION. THOSE WHO PRACTICE LAW ARE IN FACT GIVEN VERY
SPECIAL ADVANTAGES AND OPPORTUNITIES. CERTAINLY EVERYONE
HERE HAS THE ABILITY THAT IS NEEDED IN PUBLIC SERVICE.
HOPEFULLY, MOST RECOGNIZE THIS REPONSIBILITY AND RECOGNIZE
THAT RESPONSIBLE PEOPLE SIMPLY CANNOT REMAIN DETACHED.
TONIGHT I WANT TO CHALLENGE EACH ONE OF YOU TO LOOK ABOUT
YOU, TO SPEAK OUT FOR TRUTH AND JUSTICE AND NEVER TO BE
RELUCTANT TO MAKE A COMPASSIONATE AND CONCERNED COMMITMENT
TO THE WORLD IN WHICH WE LIVE. IN THIS CONTEXT I AM OFTEN
REMINDED OF THE WORDS OF OLIVER WENDELL HOLMES:
"You COMMIT A SIN OF OMISSION IF YOU DO NOT UTILIZE ALL THE POWER THAT IS WITHIN YOU. ALL MEN HAVE CLAIMS ON MAN, AND TO THE MAN WITH SPECIAL TALENTS THIS IS A VERY SPECIAL CLAIM. IT IS REQUIRED THAT MAN TAKE PART IN THE ACTIONS AND PASSIONS OF HIS TIME AT THE PERIL
OF BEING JUDGED NOT TO HAVE LIVED AT ALL."
