Adams, Arlin M.

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Bernard G. Segal

Penn Law: Legal Scholarship Repository

University of PennsylvaniaLaw Review.FOUNDED 1852FormerlyAmerican Law RegisterVOLUME 129 MAY 1981 No. 5BERNARD G. SEGALARLIN M. ADAMS tAs Shakespeare is the poet's poet, as Oliver Wendell Holmesis the judge's judge, Bernard G. Segal is surely the lawyer's lawyer.His eminent position at the bar results not from any place in anofficial hierarchy, but rather from a pattern of respect and author-ity commanded by the insightful and compassionate leadership oflawyers. In an age when power is all too frequently the fruit ofpublicity, manipulation, and material grandeur, Bernie Segal hasproven to be an exemplary exception: his hold on the professiondemonstrates that one of the most abiding influences is a life dedi-cated to serving enduring ideals and the public good.I first met Bernie when, in 1947, I left a judicial clerkship andjoined the firm which soon became known as Schnader, Harrison,Segal &: Lewis. Fortunately for me, I was assigned to be one of hisyoung assistants. I say fortunately because the opportunity to learnthe craft of the law from one of its foremost practitioners was anexperience that has unquestionably enriched my own legal career.I can assure you, however, that assisting this remarkable lawyer wasno simple task. Whether Bernie was undertaking a trial, an appeal,a labor negotiation, or a business transaction, painstaking prepara-tion was always essential. Getting ready for trial, for example, en-tailed a minute examination and an indexing of all pretrialmaterials, the preparation of alternative lines of questions, an ex-tensive investigation of all potential witnesses, and a compilationof a file on all probable opposition witnesses. In addition, Bernierequired us to prepare far in advance legal memoranda on anyf Circuit Judge, United States Court of Appeals for the Third Circuit.(1023)1024 UNIVERSITY OF PENNSYLVANIA LAW REVIEWpoints that might conceivably arise-nothing was left to chance.Throughout this process he always insisted on fastidious standardsof excellence. There truly could not have been any better indoc-trination for the practice of law than assisting him in theseendeavors.But Bernie has not confined his extensive skills solely to rep-resenting private clients; he has been multi-faceted in his contribu-tions to the profession. Aside from being a consummate triallawyer, an able advocate, and a skilled counselor to business con-cerns, he has brought equal dedication, thoroughness, and percep-tion to the pursuit of representing the disadvantaged, protectingcivil liberties, improving judicial administration, and serving theorganized bar. It is this latter area that perhaps best highlights thereason why, among the many civic-minded individuals who haveserved the legal community, Bernie stands on the highest plateau.Many have contributed greatly to the profession, but I do notbelieve that anyone has devoted so much of himself to improvingthe bar by serving local, national, and international associations.While he was building what was soon to become one of themost extensive law practices in Philadelphia, Bernie continuallydevoted a generous amount of effort to the city's bar association.Although by 1953 he had assumed many responsibilities at thePhiladelphia bar, it was his election that year to the position ofChancellor, the youngest person until then to fill the position, thatpropelled him deeply into the workings of the Philadelphia BarAssociation. The Association was organized in 1804 and is theoldest group of its kind in the United States. It was the goodfortune of the city that Bernie was to serve as Chancellor when theAssociation was observing its 150th anniversary. Prior to hisleadership, the Philadelphia Bar Association was a relatively smallgroup, with few lawyers participating in its activities. Berniequickly changed this. He made arrangements with the variouscourts to suspend all activities during the time that bar meetingswere conducted and, with the cooperation of the judges, hundreds oflawyers were brought into active participation. For the annualmeeting, elementary schools were closed so that all the studentsmight attend the proceedings at the Academy of Music to hearJustice Robert Jackson deliver a major address.During his term as Chancellor, Bernie poignantly exhibitedone of the qualities that have made him such an embodiment of thehighest ideals of the profession-that of unusual courage. Thisoccurred in 1954, when the fear of Communist infiltration had cre-[Vol. 129:1023ated a certain amount of hysteria throughout the country. Ninepersons were charged with participating in a conspiracy to over-throw the government. As one might expect, volunteers to repre-sent these defendants and their unpopular cause were not readilyforthcoming. Despite the hostile atmosphere, Bernie realized howimportant it was to the principle of freedom of belief that thesedefendants not only be represented by counsel, but also by the bestattorneys the bar could provide. Notwithstanding enormous oppo-sition, he convinced the bar of the correctness of that position andthen went one step further and succeeded in personally persuadinga group of the finest lawyers in the city to take on the representa-tion as a public service.1 The result constitutes one of the legendsin the history of law in Philadelphia.2Bernie firmly believed that one of the most compelling ways tomaintain the integrity and public spirit of the profession was toensure an independent judiciary of high quality. This aim was re-flected in his next major bar activity: the Chairmanship of the Stand-ing Committee on the Federal Judiciary of the American Bar Asso-ciation. Until Bernie's service as the Chairman of this Committee,the ABA had been consulted only in an informal fashion by thevarious Attorneys General when federal judicial appointments wereto be made. Bernie, however, soon persuaded Attorney GeneralBrownell that all appointments should first be screened by theFederal Judiciary Committee, and none made unless the candidatewas rated, at a minimum, as qualified. Thus began a process thatstill continues. There have been a number of improvements, ofcourse, but the procedure is essentially the same today as the oneset in motion by Bernie. Much credit for the high caliber of thefederal bench, which the New York Times recently described asthe "jewel of the federal government," may be attributed to thissensible and ingenious arrangement and to the foresight and dedi-cation of the person who initiated it. During his chairmanship ofthis committee, which extended from 1956 to 1962, Bernie devotedthousands of hours to the chores of interviewing judicial candidates,traveling to distant sections of the country to speak with community'This group included Joseph Lord, now Chief Judge of the United StatesDistrict Court for the Eastern District of Pennsylvania; Ben Reed, until recentlyUnder-Secretary of State; Edmund Spaeth of the Pennsylvania Superior Court;Charles Hileman; Joseph DuBarry; Henry Sawyer, and Tom McBride.2 All the defendants were convicted. On appeal to the court of appeals, fivewere acquitted and new trials were ordered for the remainder. Then, shortly afterthe remand, charges against the latter group were nolle prossed based primarily onthe opinions in Yates v. United States, 354 U.S. 298 (1957), and Scales v. UnitedStates, 367 U.S. 2031 (1961).1981] BERNARD G. SEGAL 1025;1026 UNIVERSITY OF PENNSYLVANIA LAW REVIEWleaders regarding prospective judges, and then conducting extensivediscussions with the Department of Justice and members of Con-gress regarding this very important subject.Another example of Bernie's courage and his willingness tostand by his principles occurred during his service with this com-mittee. On at least two occasions that I can recall, powerful senatorshad persuaded the President to nominate for judicial positionspersons clearly unqualified. In one instance, the senator in questionwas a close friend of Bernie. Despite this relationship, Bernie in-sisted on publicly opposing the nomination and proceeded tomarshal the support of the bar before the Senate, urging that thenomination not be confirmed. In the first situation, the nominationwas eventually withdrawn. In the other, the nomination was con-firmed despite the opposition, but then the person selected proved,in a short period of time, to be completely unworthy of the positionentrusted to him, and eventually resigned.Bernie's efforts on behalf of the bar culminated in his electionas the President of the American Bar Association in 1969. Reflect-ing his unbending concern for judicial administration, during histenure as leader of the organized bar he inaugurated the practicewhereby a State of the Judiciary address is delivered annually bythe Chief Justice of the United States. He also provided the im-petus for the creation of an ethics committee that reviewed theentire area of legal and judicial proprieties-a task that was thenlong overdue. Another highlight of his presidency involved raisingthe funds for and supervising the work of the prestigious Commis-sion on Correctional Facilities and Services.In 1976, his contributions on behalf of the ABA were officiallyrecognized when he was the recipient of the ABA Gold Medal, thehighest honor that the organized bar can confer. The citation readsin part: "For conspicuous and unsurpassed service to the cause ofAmerican jurisprudence, to the maintenance of freedom, to theprotection of the poor and friendless, and to the search for peaceand justice."Closely associated with his activities for the organized bar werehis appointments by three Presidents to the Quadrennial SalaryCommissions. These commissions were organized to conduct hear-ings and to make recommendations for compensation for membersof the executive, legislative, and judicial branches of the federalgovernment. Bernie was chosen Chairman of the Commission whenPresident Eisenhower established it in 1953. In addition, he hasrendered special services as a member of similar commissions ap-[Vol. 129:1023BERNARD G. SEGALpointed during the terms of Presidents Nixon and Carter. No onefamiliar with this work will deny his overwhelming contribution.It is no simple task to persuade the public of the importance ofproperly compensating government officials. Yet, if this is not done,able persons cannot be recruited, and the nation suffers as aconsequence.In addition to his tireless efforts to guard the quality of thepeople who shape our law and our governmental institutions,Bernie has always been dedicated to the goal of providing equaljustice to all segments of society. Thus, one of the assignmentsthat was particularly meaningful to him was his role in creatingthe Lawyers' Committee for Civil Rights Under Law. This groupwas first suggested by Bernie to his friend Robert Kennedy, thenthe Attorney General, and came into existence in 1963, under theaegis of President John Kennedy. Its formation was motivated bythe violent backlash visited on the civil rights movement and op-position to civil rights legislation by a number of leading membersof the bar. As during the "McCarthy era," too few well-establishedlawyers seemed willing to make the uncertain sacrifice of represent-ing an emotion-laden cause. The President and the AttorneyGeneral were most desirous that leaders of the bar extend theirskill, services, and prestige in support of the struggle to ensure civilrights for all our citizens. Bernie impressed upon his colleaguesthe momentous need to come to the defense of precious constitu-tional rights and, as a result of his importuning, the Committeesent scores of talented lawyers into courts throughout the countryto ensure the protection of those critical rights. Most significantly,it succeeded in stirring the bar from its apathy by issuing a clarioncall to informed responsibility in this all-important area, at a mostcrucial time. The Lawyers' Committee remains a vigorous forcetoday in the continuing campaign to make equal justice a reality,providing the vehicle through which bright and able lawyers fromeminent law firms contribute their talents to public service work.While these activities that I have summarily described wereunder way, Bernie also served as Chairman of the American Judi-cature Society in 1958, as President of the American College ofTrial Lawyers in 1964, as President of the American Bar Founda-tion in 1976, and for twenty-five years as an officer and currentlyFirst Vice-President of the American Law Institute. In none ofthese organizations was his participation merely nominal. Bernie'sattendance at meetings was almost perfect, his contributions sub-stantial, and his responsibility always of the highest order. What is1981]1028 UNIVERSITY OF PENNSYLVANIA LAW REVIEWeven more remarkable is that after his official tours of duty werecompleted with these groups, he continued, and still continues, tomake himself available for any critical assignments that arise.Because of the limited space alloted to me, I cannot begin toset forth all of his activities on behalf of the organized bar, govern-ment, academia, and the poor or under-represented. Accordingly, Ihave listed them in an appendix, so that the full range of Bernie'scontributions in these areas may be fully appreciated. His selflessdevotion to these endeavors is but a reflection of his view of therole that the legal profession should assume in our society. In1970, when he was the outgoing President of the ABA, Bernie spoketo that body on "The Tasks of Law in a Troubled Time." Thepreservation of our institutions, he counseled, depends on the publicspirit of the legal profession. Not only must the profession take thelead in giving contemporary vitality to the venerable democraticfreedoms and rights, he observed, but it must alsoassist in the critical process of curing those afflictions whichthe gathering of time, population, technology, and socialmovement have visited upon American society. By theuses of the law, we must assault poverty and racism andcrime. . . . Th[is] process of cure-the assault upon thedeficiencies in our social order, the endeavor to assure thatthe law is just-is not something we may embark upon atsome indeterminate time in the future; it is not somethingwhich lies in the middle distance, a dedication waiting tocome into being. The legal profession is already deep inthe process.It has been the lasting fortune of the bar that Bernie's own careeris the paramount embodiment of this noble philosophy.Aside from his manifold professional activities, Bernie hasnever overlooked the human aspects that enrich life, and he stillfinds time for hundreds of friends and scores of worthy social causes.Indeed, one of his most impressive characteristics is his ability toestablish friendships, and then to nurture them with continuedinterest and considerable attention. In his office is a picture of hisown beloved mentor, William A. Schnader, also an ABA GoldMedal recipient, on which is inscribed a message that sums up thisquality succinctly: "To Bernie Segal, who put more friendship intoa two year period of association than I ever thought possible." Theshort stretch of that early experience expanded into thirty-five yearsof as close and devoted a relationship as I have ever known at thebar.[Vol. 129:102319811 BERNARD G. SEGAL 1029Today, as brilliant young students come forth from the lawschools of our country, I am sure that each has a halting doubtwhether the law, as a profession, can fill the need of what is highestin the yearnings of the human spirit. In certain hours of discour-agement, to which not even my own experience is a stranger, I oftenfeel much the same doubt. But fortunately the questioners can bepointed to an example. Frequently, my own disquietude has beenallayed by looking at the vision created so forcefully by a just col-league and warm friend.In closing his farewell speech as President of the ABA, Berniedeclared, "I am convinced that Justice Holmes was right when hesaid that man can live greatly in the law." The unbelievablecareer of Bernie Segal as a lawyer, and as one devoted completelyto the support of the profession, demonstrates to all of us thatHolmes was most certainly correct.

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Bernard G. Segal

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