ISBA Bar News

November 2008

Everyone deserves due process; attorneys make the system work

Chicago attorney Gino L. DiVito received the Illinois Bar Foundation’s Distinguished Award for Excellence at the annual Gala on Oct. 10 (see page 16). Excerpts follow from his acceptance remarks.

• • •

We attorneys are a blessed group. Sometimes, we have the pleasure of representing persons and entities on joyful occasions – such as adoptions and the culmination of business dealings. But more often, we have the privilege of representing people in their bleakest and most desperate times.

I am always conscious of the helplessness of our clients – whether powerful or powerless. I’ve represented huge corporations and powerful governmental entities, as well as powerless individuals. All – without exception – are totally reliant on our integrity and our competence.

When everyone and everything functions properly, facts and law prevail; but never underestimate the power of the lawyer – the person who frames the issues and who presents in a clear, succinct, and persuasive manner.

I am frequently asked if I miss being a judge. My response is I left the greatest job in the world, but I have never looked back. I have enjoyed every part of the journey, but this is the best of all.

Aside from making money for the first time in my life (no small consideration), as a judge I could never argue before the Illinois Supreme Court. I have had that honor five times since my retirement from the bench.

And there is little more fulfilling than resolving important problems on a regular basis for those who trust you with their lives and treasure.

Lawyers throughout the land dedicate untold hours through their paid efforts and through their pro bono activities to demonstrate – with time and money – what we lawyers are committed to: the pursuit of justice for everyone – for the rich and powerful, as well as the most powerless in our society.

We are committed to the principle that everyone deserves due process; that what occurs in our courtrooms must be open and transparent; that constitutional rights are real and unwavering; that the law is master; that everyone stands on equal footing; that though Lady Justice may be blind as to class and status, she is wise and fair.

We are committed to the principle that we are a nation of laws – bound by what our forefathers gave us in a constitution that is the gold standard for the entire world - that our governmental structure, with legislative representatives, executive officers, and judicial officers – when they are truly dedicated to doing what is right – is the best in the world.

And we are resolute in our belief that without justice there cannot be peace – that equal opportunity and justice are fundamental to the freedom, prosperity, and happiness that we Americans sometimes take too much for granted.

It is attorneys who ensure that the system works as intended – it is we who provide the integrity, the competence, and the passion that are essential to our justice system and that ensure its proper functioning. That’s why when judges and lawyers fail – when they lack integrity or competence – the harm is severe. We all suffer – because justice is denied, because results are wrong, because the scales are improperly tilted.

Everyday, throughout the land, attorneys serve not only clients, but the larger society. I am proud to be a lawyer. I’m proud to contribute – to the best of my ability – to the traditions that make this country the best in the world.

In a very real way, the Illinois Bar Foundation and this Gala are the ultimate display of attorney commitment to what is just and fair. It’s through entities like IBF that we attorneys give back; that we demonstrate that we remember and treasure our roots; that we support the work of all our brother and sister attorneys who dedicate their lives to ensuring justice for the powerless.

I commend everyone here – and countless others who could not physically join us tonight – for giving of their time and money to a cause greater than any one of us. I commend IBF, its officers, board members, all of the committee chairs and committee members who worked so tirelessly to make this affair the success it obviously is.

And I commend all of you – for your contributions through your work, through your pro bono efforts, through your donations, through your ticket and ad purchases, through your participation in the auctions, through your very presence here tonight – for all those things that contribute so significantly to our pursuit of justice.

I’m proud to be part of that. You should be proud too. There is something else that I’m proud of: This honor.

Honors such as this are truly for those who love the honoree. They are a way of communicating that you see something worthy – yes, even something special – in someone they love. They are a way of confirming that the object of their love is worthy. I thank you especially for that.