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3 Docket Call 1 (1968)

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Published by Section of General Practice  American Bar Association  Volume   III, Number 1


                                    SPECIALIZATION



                     Is it necessary? . . . feasible? .... desirable?



Below  is the text of the talk by John D. Randall, Sr., Cedar Rapids. Iowa, former President of the American Bar
Association and former  Chairman of the General Practice Section, made at the National Institute Program in
Dallas last October, in which he places these questions in a thought-pro Poking perspective.


We   are presently living in a technological age where
every  effort is directed toward making  our life one
of  physical ease, and, a continuation of this course
will  either result in total destruction or will result
in  a life with the sole problem of determining how
to  spend our  leisure time.
      The  truths have caused certain of our brethren
 to examine  the legal profession to determine wheth-
 er or not we will be able to fit into not only the lei-
 sure life as it is expected to be lived in the distant
 future, but also whether or not it fits into our pre-
 sent society.
      Whether  the urge  to establish the specialist
 arises from the emphasis  which  is placed upon our
 financial well being or as a means of establishing a
 group who  will be better able to fulfill a professional
 responsibility in  the  leisure life is difficult to
 determine.
      It is my  view that the basis upon  which  the
 profession should determine the need is how we  can
 best serve the  public. To  do  this we  must  first
 examine ourselves and determine what  we as lawyers
 wish to exemplify, by that I mean, do we wish to be
 a trade or do we wish to continue as a profession. If
 it is our purpose to become a trade, then we should
 hire efficiency experts to tell how to best run our

 *At the annual meeting in Honolulu, the House of Delegates
 authorized the Board of Governors to study the question of
 specialization. A committee thereafter was appointed,
 chaired by Chesterfield H. Smith. Uakeland. Florida, and com-
 posed of a broad representation from the Bar, including Ben
 Dutton, member of the Council of the General Practice Sec-
tion. A report is expected at the Philadelphia meeting in
August of 1968.


business to  make   the engineers set up production
lines so that we can get the maximum   return for the
minimum amount of effort.
      It is my view that the present need  is for the
 lawyer as a professional man and not as a tradesman.
      Dean  Roscoe  Pound  defined a profession as a
dedication to public service, he observed:

        By  a profession, such as ... law . . . we mean much
      more than a calling which has a certain traditional dig-
      nity and certain other callings which in recent times have
      achieved or claimed a like dignity. There is much more
      in a profession than a traditionally dignified calling. The
      term refers to a group of men pursuing a learned art as a
      common  calling in the spirit of public service-no less a
      public service because it may incidentally be a means of
      livelihood. Pursuit of the learned art in the spirit of
      public service is the primary purpose.
        Gaining a livelihood is incidental, whereas in a busi-
     ness or trade it is the entire purpose....

     It is interesting to note that our Bar Association
has  been   built upon  the  professional ideal. The
American   Bar Association  is not a trade association,
attempting  to organize the profession for commercial
advantage.  Since  its inception, the  American   Bar
Association  has been  concerned  with  the advance-
ment  of the science of jurisprudence, the administra-
tion of justice, and the improvements   of our law. I
think this is significant for, if America is to grow in
the light of her ideals, her professional organization
must  offer guidance  and  direction, as well as con-
structive criticism when we, as a Nation, fall short of
our principles. To so function, professional Associa-
tions  must  always  remain  free from  the  partisan


(Continued on page 3)


March,  1968