SPEECH TO THE SOUTH CAROLINA BAR Kiawah Island, SC January 24, 2014

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1 SPEECH TO THE SOUTH CAROLINA BAR Kiawah Island, SC January 24, 2014 When you enter the Great Hall of Middle Temple, one of the great Inns of Court in London, immediately to your left is a bronze plaque. It reads: "On 4 th July 1776 the following members of the Middle Temple signed the Declaration of Independence of the United States of America: Edward Rutledge, Thomas Heyward, Thomas McKean, Thomas Lynch, Arthur Middleton" Four of those five were South Carolinians. The plaque further reads: "On 17 th September 1787 the thirty-nine members of the Constitutional Convention signed the Constitution of the United States of America. Of these, seven were Middle Templars: William Livingston, John Blair, John Dickinson, John Rutledge, Charles Cotesworth Pinckney, Charles Jared Ingersoll, Charles Pinckney Three of the seven were South Carolinians.

2 They became lawyers with bright futures in private practice in colonial South Carolina. But they chose a different way. They chose principle over profit. They chose courage over comfort. And they became founders of our nation and leaders in the public life of the colonies. These courageous South Carolinians set a standard for South Carolina lawyers. They set a standard that has been passed down from generation to generation in this state. As a result, our bar is a noble bar in the best sense of that term. The DuRant award highlights the best of the best of our noble bar. Its recipients exemplify courage and excellence. A previous DuRant Recipient, Nick Zeigler, took on many cases that went against the establishment. At the same time, he led efforts to nurture and strengthen the Florence Little Theater and the Florence Museum, before becoming a state senator.

3 Today's recipient, Mark Buyck, has led virtually every charitable endeavor in Florence, while also serving as a brave U.S. attorney and prominent USC Trustee. As a boy in Florence, I observed Senator Zeigler and Mr. Buyck as they took on the causes and concerns of our city and led the way in promoting progress in education, the arts and culture, justice, and civic responsibility. They were my inspiration to become a lawyer. These lawyers, like you, are problem solvers, mediators, and leaders. Today, and in the recent past, we see other examples of other South Carolina lawyers leading the way. We all know of the exemplary service of: Dick Riley as Secretary of Education David Wilkins as Ambassador to Canada Phil Lader as Ambassador to the Court of St. James Inez Tenenbaum as Chair of the Consumer Product Safety Commission We are proud of many others: Chief Judge Traxler serves as Chair of the Executive Committee of the U.S. Judicial Conference

4 Chief Justice Toal has led the nation as President of the Conference of Chief Justices Ken Suggs has served as President of American Association for Justice. Ed Mullins, Steve Morrison, and David Dukes have served as President of Defense Research Institute. Reece Williams has served, and now Joel Collins will serve, as President of ABOTA. Molly Craig is the current president of International Association of Defense Counsel. I.S. Leevy Johnson, the first African American President of the South Carolina Bar, has chaired the ABA's Center for Racial and Ethnic Diversity and next month will receive the ABA's Spirit of Excellence Award for his work to promote diversity and inclusion. John Justice was President of the National District Attorneys Association. Lanny Lambert will soon become President of National Conference of Bar Presidents. Rosalyn Frierson was President of the National Conference of State Court Administrators. Pamela Roberts chaired the ABA Commission on Women in the Profession. Tim Bouch and the late Bob Wilkins chaired ABA sections. These South Carolina lawyers reflect what we all know.

5 That this bar, the South Carolina Bar, is a truly exceptional bar. Our lawyers can try cases with the best in the country, and win. Our lawyers can handle complicated mergers, solve complex environmental issues, and close major financings with the best in the country. And, South Carolina pro bono lawyers like George Cauthen, Jason Scott Luck, Brad Cunningham, and Tom Runge work for free or for very little compensation to help the poor. These pro bono and public service lawyers are truly the best among us. Few South Carolina lawyers have bronze plaques in great Inns of Court in London. But South Carolina lawyers, exemplified by the recipients of the DuRant Award, past and present, share the same ideals as those famous South Carolina signatories of the DOI and Constitution. They adhere to the highest principles of ethics. They practice their craft with excellence. They have the courage to take on unpopular causes.

6 They lead. That is what South Carolina lawyers do. And we are needed now more than ever to be leaders in the public life of our state. When only a third of Americans can name the three branches of government; and when two thirds of Americans can identify a judge on American Idol, but only 14% know that John Roberts is the Chief Justice of the United States, we need lawyers to lead. Through our superb icivics program here in South Carolina, or by teaching in schools or serving on school boards or in the legislature, we are leading. But we must redouble our efforts. Global research by scholars at the American Bar Foundation tells us something important: There are two things that keep the Rule of Law alive in a nation: An independent judiciary and a strong organized bar. Both are essential, and both the bench and bar must be strong and independent for the rule of law to flourish. The great American jurist, Learned Hand said, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it."

7 Lawyers and judges must protect liberty and keep it in the hearts of our citizens. In June 2015, we will celebrate the 800 th anniversary of Magna Carta the foundation for due process, trial by one's peers, and the enduring principle that no man is above the law. But as we begin that celebration, we must recognize that the justice system in our country is under stress. There are too many unemployed and under-employed lawyers. At the same time, 80% of the poor do not have access to our legal system. And the best estimates are that 75% of the poor and middle class combined do not have access to our justice system. Former Texas Chief Justice Wallace Jefferson has said, "Some of our most essential rights those involving families, homes, and livelihoods are the least protected." Structural barriers like cost, delay, and complexity prevent access to justice. And, structural changes are confronting and challenging our profession. NYU Ethics Professor Stephen Gillers wrote this to me in an "These structural changes are the professional

8 equivalent of global warming. We ignore them at our peril except they will be upon us more swiftly than global warming." David Boies of Bush v. Gore fame recently said, "The United States is overlawyered when it comes to the rich and powerful, but underlawyered when it comes to people who don't have resources. One way the legal profession has got to adapt is to serve not just the people who it has largely served excessively, but develop a business model for people who are underserved." They are right. We must change our model. We have to embrace technology and innovation in new ways to lower costs and provide access so that people do not have to fend for themselves in the pursuit of justice and liberty. South Carolina has led the way with the utilization of technology throughout our court system. But we must do more. Those South Carolina lawyers who helped write the Constitution put one principle front and center. Preamble to Constitution.. We the People of the United States in order to form a more perfect union establish justice

9 We have not established justice if people do not have access to justice. We pledge allegiance to a flag and country that promises liberty and justice for all. But we have not provided justice for all if people lose their homes, their businesses, and yes, their freedom without adequate counsel. This endeavor, this effort to create a new model, will require bold, new thinking, and the ABA will be working with state and local bars and the judiciary to lead efforts to identify new ideas and create new platforms that lawyers and courts can use to provide real access to justice. A gathering in February of innovators and creative thinkers at the USC law school will kick off this effort much more will follow throughout this year and next, all around the country. We will create a culture of innovation and showcase what can be to truly establish justice. Lawyers will benefit from new opportunities to serve clients, and the public will connect to legal resources that ensure we are establishing justice. As I take on my responsibilities with the ABA, I will look to the standard set by the great lawyers of the S.C. Bar. I am proud to be one of you.

10 I am proud to be a South Carolina lawyer.

Wilkins Leadership Awards Dinner

The Thirteenth Annual Wilkins Leadership Awards Dinner Honoring the leadership of The Honorable Wm. Weston Newton and Maj. Gen. Charles Bolden Jr. (USMC-Ret.) Hosts Ambassador David Wilkins Secretary Dick