Spilman Thomas & Battle’s History Of Service Elizabeth Jill Wilson Prologue by Thomas L. Sager Senior Vice President and General Counsel of the DuPont Company Spilman Thomas & Battle’s History of Service The First 150 By Elizabeth Jill Wilson c s c Prologue by Thomas L. Sager Senior Vice President and General Counsel c of the DuPont Company c FIRST EDITION Published by Spilman Thomas & Battle, PLLC | Attorneys at Law Founded 1864 SPILMAN THOMAS & BATTle’S HISTORY OF SERVICE s THE FIRST 150 Copyright © 2014 by Spilman Thomas & Battle, PLLC. All rights reserved. Printed in the United States of America. No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews. For information about the contents of this book, contact Spilman Thomas & Battle, PLLC, Post Office Box 273, Charleston, West Virginia, 25321-0273. First Edition PRINTED IN THE UNITED STATES OF AMERICA Design: Bryan Boyd Creative Group, Inc. Table of Contents Dedication | Michael J. Basile i Prologue | Thomas L. Sager ii Chapter I Born Out of Conflict 1 Chapter II In the Beginning: Smith & Knight 9 Chapter III Transition Years: The Road to Spilman 29 Chapter IV Price, Smith & Spilman | Price, Smith, Spilman & Clay 41 Snapshots in Time The Faces of Spilman Thomas & Battle 85 Chapter V Spilman Thomas & Battle: The 1960s, 1970s, and 1980s 93 Chapter VI Spilman Thomas & Battle: The Legacy Continues 107 Endnotes 117 Selected Bibliography and Sources 135 Acknowledgments 143 SPILMAN THOMAS & BATTle’S HISTORY OF SERVICE s THE FIRST 150 The Spilman Legacy 1864 Smith & Knight 1883 Knight & Couch 1893 Couch, Flournoy & Price 1896 Couch, Flournoy, Price & Smith 1899 Flournoy, Price & Smith 1904 Price, Smith & Spilman 1907 Price, Smith, Spilman & Clay 1924 Price, Smith & Spilman 1943 Spilman Thomas & Battle 1954 Spilman, Thomas, Battle & Klostermeyer 1993 Spilman Thomas & Battle Dedication Michael J. Basile Managing Member Spilman Thomas & Battle, PLLC This book is dedicated first and foremost to our clients, without whom we would not have survived the dynamism of the past 150 years. Know that you and your success are at the heart of every Spilman endeavor. Secondly, and in equal measure, this book is dedicated to each member of the Spilman family, whose talents, resiliency and indomitable spirit have propelled this enterprise for a century and a half. i SPILMAN THOMAS & BATTle’S HISTORY OF SERVICE s THE FIRST 150 Prologue Thomas L. Sager Senior Vice President and General Counsel of the DuPont Company Core Values and Client Focus. These are the hallmarks every successful company and organization strive for and, hopefully, achieve. How can a company, a law firm specifically, last 150 years or more? In our rapidly changing world, standing the test of time is not often seen. It requires vision, leadership, agility, and a culture committed to adapting to an ever-changing legal landscape. My name is Tom Sager, and I serve as the Senior Vice President & General Counsel of the DuPont Company – a company founded in 1802 on the banks of the Brandywine River in Wilmington, Delaware, where it remains today. DuPont is truly unique in that it has successfully transformed itself several times over its 200-plus-year history to where it stands today as the “pre-eminent market-facing science company.” As a result of our strong core values, client focus, and innovation, we, perhaps like no other company, have been able to withstand the test of time. And that same DNA is embedded in all of our functions enabling them to provide competitive advantage to the company with legal being a great example. Since 1934, the Spilman firm has served as one of our trusted counsel, repeatedly demonstrating its commitment to DuPont through creative and results-oriented lawyering. Today, they remain among a very select number of firms known as the “DuPont Primary Law ii Firms.” This distinction is one that was well earned and has never been taken for granted by the firm. Our unique relationship, which can be simply defined as a mutual commitment to each other’s financial success, continues to evolve and has stood the test of time both during periods of prosperity and in difficult economic times. For an enterprise, such as Spilman, to thrive as it has for more than 150 years, it had to possess a truly unique and uncommon dedication and ability to meet its clients’ needs. Its longevity can be attributed to any number of factors including: vision, purpose, principled leadership, and adaptability. And sustained client relationships, which are a hallmark of the Spilman firm, can only exist based upon a solid foundation of mutual respect, trust and valuable services rendered. So, in the final analysis, that is the simple formula for the firm’s success over these many years. When I reflect upon Spilman’s rich past and my own 37-year experience with the firm, I regard these lawyers as thought leaders in the profession. In addition, traits such as humility, loyalty, courage, and a client-first mentality come to mind. Those are the very characteristics that define this firm and a number of others within our network as well. As with any long-term relationship, we have had on more than one occasion situations where a healthy tension existed due to sharp differences of opinion. But in almost every instance, we worked through the issue, satisfactorily resolved it, and, perhaps most importantly, learned a valuable lesson along the way. No finger pointing resulted, and the client’s interests were addressed. When I look to the future, I envision Spilman will continue to grow and flourish. The same values that have fueled and sustained this law firm from the 19th to the 21st century will certainly serve it well in effectively meeting the challenges of an increasingly competitive, global marketplace. It will continue no doubt to apply its laser like focus upon its clients’ needs and execute with speed and precision. Spilman’s future success, like that of its competition, will largely turn upon its ability to attract and retain a highly energized and diverse team of professionals. And this is an area where I expect the firm will continue to outpace its competitors. So, heartfelt congratulations to my colleagues at Spilman for achieving this incredible milestone. You are, indeed, DuPont’s trusted counsel and one of our finest. We look forward to another 150 years of dedicated service and outstanding results. All the best! iii SPILMAN THOMAS & BATTle’S HISTORY OF SERVICE s THE FIRST 150 Chapter I Born Out of Conflict The history of Spilman Thomas & Battle, PLLC is in its people: from the civility and intellect of Benjamin Harrison Smith to the integrity, vitality, and genius of Robert Scott Spilman in the early 1900s. The firm’s 150 years of history is told by the lives of the individuals – a masterful orator and a pioneering contract draftsman; a Distinguished Flying Cross medal award winner and a frail World War I soldier honored for bravery; a presidential campaign aide and a federal tax expert; a West Virginia Senate president and gubernatorial aides; Confederate soldiers and Union loyalists; a horse farmer and a bank president; distinguished federal appeals court judges and a renowned circuit judge; a pioneer broadcast executive and a political historian. Each demonstrated great character and exceptional achievement; they also created a culture. The firm’s decision- making always incorporates three concepts: what we are deeply passionate about; where we can be the best; and what drives the economic engine. With its Appalachian footprint, the Spilman law firm is now in West Virginia, Pennsylvania, Virginia, and North Carolina. Its offices are strategically placed to optimize the economic engines of today – educational institutions, corporate hubs, technology corridors, and central distribution centers. This culture, born during the nation’s tragic domestic conflict of the Civil War in a state deeply divided by sentiment, has thrived and charted a course promoting diversity, collegiality, integrity, and the client’s potential. 1 SPILMAN THOMAS & BATTle’S HISTORY OF SERVICE s THE FIRST 150 Certainly, at the time Benjamin Harrison Smith invited Edward Boardman Knight to join him in the practice of law in Charleston, Smith was an elder statesman with more than four decades of legal accomplishment in the Kanawha Valley. Smith’s son, Isaac, a Confederate soldier, was banned from practicing law post-conflict, although father and son practiced together prior to the outbreak of hostilities between the states. Knight was a northerner, relocating to an area that was divided between loyalties. Benjamin Harrison Smith was a formidable figure in the Kanawha Valley; he was striking in stature and mind. He often offended with his strong opinions and outspokenness. He was a man of many words, and more often than not was in the thick of the fray. He was considered one of the great land lawyers of the time and was called upon by United States presidents time and again to serve. He had compassion in a period of grave upheaval, opposing slavery and urging tolerance for those of contrasting opinions. Edward Boardman Knight also was a man of serious countenance and great intelligence. He was precise in his writing and encyclopedic in his understanding of the law. He was highly respected by his peers and deadly to opponents in the courtroom. His eloquence in arguing a case was legendary. Yet, he always was courteous and considerate of others and, when appropriate, exhibited marvelous wit and humor. Isaac Noyes Smith should have suffered from being in the shadow of his father; yet, he proved himself quite capable and talented in his own right, winning election to public office and establishing himself as the first “business lawyer” in the southern West Virginia Bar.