Jim Moseley, a former president of The Jacksonville Bar Association, recently achieved 50 years as a member of The Florida Bar and The JBA. He reflected on his experiences practicing law and as a member of The JBA. He served as president from 1975-76. This is the last of six editions of his memories of the practice of law in Jacksonville.
As I reflect back on these days, it seems like yesterday. I now realize the powerful influence the passing parade of dedicated lawyers had on me.
Lawyers are fortunate indeed to be able to practice in Jacksonville then and now. While The JBA has gotten beyond 2,000 members, there is still a feeling of respect and collegiality that is generally unparalleled in this state. The bench continues to have persons of high caliber who aspire to that position.
I must confess that it was much, much better when if you had a problem in a case with another lawyer, that you picked up the phone or went to lunch and ironed it out instead of the less personal method of email. People write things in emails that don’t make sense, or are petulant or misconvey an erroneous impression of something.
The JBA needs to keep vigilant that oral communications, whether in a case before the court or otherwise, need to be addressed in a way that is keeping with the best interest of the Bar and the bench.
I have listed many of the wonderful lawyers who have been my friends and who I have practiced with or against, and because of the quality of the persons who taught me and my contemporaries, professional courtesies continue to be seen in our community.
A half-century ago in a speech to a law class graduating from Emory University, Honorable Elbert P. Tuttle, who had served his country as a general officer in the Army and also as a member of the Court of Appeals, spoke exceptionally well.
This speech to the young lawyers is reported in “Tuttle: Heroism in War and Peace, 13 Emory University Quarterly, 138-139 (1957)”:
“The professional man is in essence one who provides service. But the service he renders is something more than that of a laborer, even the skilled laborer. It is a service that wells up from the entire complex of his personality. True, some specialized and highly developed techniques may be included, but their mode of expression is given its deepest meaning by the personality of the practitioner. In a very real sense, his professional service cannot be separate from his personal being. He has not goods to sell, no land to till. His only asset is himself. It turns out that there is no right price for service, for what is a share of man’s worth? If he does not contain the quality of integrity, he is worthless. If he does, he is priceless. The value is either nothing or it is infinite. … Like love, talent is only useful in its expenditure, and is never exhausted. Certain it is that man must eat; so set what price you must on your service. But never confuse the performance, which is great, with the compensation, be it money, power, or fame, which is trivial.”
This remains a great standard to follow.
We hope that we can train new lawyers in a way that Justice Oliver Wendell Holmes Jr. advised. Holmes wrote in Collected Legal Papers (1920), reprinted in “Common Law and Other Writings,” 1925 (Legal Classics, 1982), basically, the Bar has done its full share to exult one of the hateful American works, “smartness,” that learning was out of date, and that a lawyer could not be encumbered with any values other than the latest edition of the digest or the latest revision of the statutes or rules.
He then added it was the responsibility of the law schools, the Bar and the bench to make “lawyers wise in their calling.” Such a standard is never attained, but is always something to strive for. I like to feel that this standard was always sought by my friends at the Bar.
These two quotes that I have set forth above are polestars to guide someone throughout their practice. We are very fortunate to be an integral part of the American system of justice. All areas of law have been tested, refined and withstood the passage of years.
From the Admiralty Bar standpoint, Alexander Hamilton, one of our founding fathers, was one of the early admiralty lawyers who created standards to follow. In the present day, in addition to standards set by The Florida Bar, the American College of Trial Lawyers has trial and pretrial standards that are widely circulated, including the soon-to-be published aspirational new Code of Conduct.
The Maritime Law Association of the U.S. also has a briefer Code of Conduct but includes major areas of involvement for the betterment of the justice system.
Technology has moved into our practice commensurate with technology in every other part of life. However, “texting” should not supplant face-to-face contact with your fellow lawyers either in litigation or in the preparation of documentation that is done every day. Email should not be the device of choice to contact one another anymore than letters were used to contact one another in years past.
As I reflect back on 50 years to a day before time sheets, compulsory seminars and other “advancements,” I realize that the real spirit of the lawyer requires something additional to being part of a trusted sentinel in the justice system.
You must learn from fellow members of the Bar how to be part of this community, the Bar and have personal contact with people of exemplary character and skill.
It is impossible to remember every nook and cranny of law practice after 50 years. However, everything that was taught to you, every example that was set and every good fortune that comes your way is because of the lawyers and judges that you encountered.
The good fortune that exists by being able to practice in Jacksonville and to view the traditions of this Bar must be closely guarded, protected and enhanced by those who will be taking our place in the future.
Fifty years from now, I cannot know how the City will be physically, but I feel certain that The Jacksonville Bar Association will still have the character and reputation that it has always enjoyed.