The Law: Mr. Smith Comes to the A.B.A

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>Endorsed creation of a new National Court of Appeals to hear certain kinds of cases and render decisions that would be final unless the Supreme Court intervened within a set period of time. The aim is to reduce the high court's work load. Many delegates wanted to table the matter, but Smith persuaded them to take a firm stand in support of the idea.

>Voted to keep pushing for an end to the popular election of judges and to limit state Governors' unfettered power of appointment. Smith had backed this proposal as well, which envisions a commission that would nominate candidates for the Governors' consideration.

>Opposed blanket shield laws that would protect journalists from being required to reveal confidential sources in court. Smith had supported that action, as he did a vote condemning all mandatory minimum criminal sentences, such as those covering drug offenses in New York State.

> Continued to be cool toward so-called "closed" prepaid legal services -meaning plans that offer the services of a specific group of lawyers in return for regular prepaid fees. Instead, the A.B.A. favors a Blue Shield-type approach that would allow members to choose any lawyer they desired. Smith preferred to endorse both kinds of plans as a way of promoting the concept of prepaid services.

Big Cruds. Even when he loses, Smith is not overly distressed. For one thing, there is satisfaction merely in seeing the A.B.A. grapple with serious current problems. For another, he observes, "If I don't get shot down, I've underbid my hand."

One reason that Smith gets away with heresies that would not be tolerated from others in the profession is that his boat rocking is done from a well-established position in the first-class section. Back in Lakeland, Fla., his practice earned him $100,000 a year and will probably be worth more when his presidency ends. One big client was the phosphate industry, which only recently lost its battle to avoid a special tax. But during the years Smith was lobbying for the industry, he was always able to make good on his boast: "There ain't going to be no phosphate tax this year."

His country roots-he is the son of a small-town public school superintendent-gave rise to an aggressive candor that takes priority over personal status or popular trends. "I represent some of the biggest cruds in Florida," he cheerfully told a Senate subcommittee. Back in the '50s, he spoke out against racial segregation. He played a major role in drafting a new state constitution that won voter approval in 1968, and he was largely responsible for establishing uniform rules of procedure in Florida courts.

Now 56, Smith is not likely to fade away after his term expires, despite his objections to former A.B.A. presidents who assert themselves. His drive is too great to tolerate passivity and he is too committed to the A.B.A.'s public service responsibilities. As he recently told an audience of law students: "We are not a trade association. We are not a union. We are out to improve justice and the administration of society. If you don't intend to work to improve the quality of justice, then I hope that you flunk your exams."