A Lawyer's Lawyer

A Lawyer's Lawyer

John F. Germany, the son of a

farmer, captured the American Dream. He attended Harvard Law School, co-founded what has become Florida's largest law firm and made a difference in the community.

By David R. Corder

Associate Editor

Chief Judge Manuel Menendez Jr. needed help. Just recently he formed a commission to study the role of senior judges in the Hillsborough County judicial system. It's an important topic and Menendez wants a blue-ribbon panel to advise him on the matter. That's why he called John F. Germany.

It's been more than a few years since Germany, 81, retired as an active partner in the Tampa office of Holland & Knight LLP, a firm he co-founded with Chesterfield Smith and which now ranks as the largest in Florida. Those who know him, still call on him for advice. That's especially true for longtime friend Sam M. Gibbons, the former Tampa congressman, and his wife, Martha.

"I've never made an important decision in my life that I didn't call John, and mostly at Martha's suggestion," Gibbons says. "I didn't need much urging, but she was always high on John."

It was Germany who urged Gibbons to run in the mid-1950s for a seat in the Florida House of Representatives. The nudge sent Gibbons down an historic path that included a 34-year stop at the U.S. House of Representatives and a term as chairman of the powerful House Ways & Means Committee. As a young lawyer, not long out of law school, Germany served as Gibbons' first campaign manager. "He really is the one who got me involved in politics," Gibbons adds.

Those who value Germany's counsel also know how easy it is to find him. Although he rarely practices law these days, he still works four days a week in an office at the firm's new Tampa headquarters on the 41st Floor of the AmSouth Building. That's the site of the John F. Germany Conference Room, right across from the John F. Germany portrait. It's obvious the decision-makers at Holland & Knight value his contributions, too.

Although grateful for such lavish attention, Germany speaks about it with modesty and humility. This is how he responds to a question about Menendez's inquiry: "You may call it a call for wisdom, but whether you get it or not is another question," he says.

Hitting the mark

Germany's story captures the essence of the American Dream. Born Jan. 16, 1923, near Daviston, Ala., to a family of modest means, Germany's family relocated to Plant City when he was 9 months old.

"He is a fellow who has come from a humble beginning to a great career," Gibbons says. "He really had to work hard to survive and get ahead."

Out of a high school graduating class of about 100, Germany says, maybe only five students in those days would attend college. He aspired high, however, with dreams of studying at Harvard or Yale. Yet, some of his teachers, aware of his family's modest finances, discouraged that dream.

Ignoring the naysayers, Germany worked hard and earned admission in 1940 to the University of Florida. The next year everything changed; the Japanese military bombed Pearl Harbor. A month later he enlisted in the U.S. Army. It was a fortuitous decision, however, as the army assigned him to a reserve detachment in Gainesville and ordered him to complete his education. He would later earn a bachelor's degree in absence.

Four years later, the army assigned Germany, as a second lieutenant, to a difficult task- serving as a replacement officer with the 13th Armored Division. It was a job with little satisfaction that few wanted. He shipped out to Germany with a group of young soldiers that included the now late Richard F. "Red" Pittman Jr., who would become publisher of The Tampa Tribune, and Tom McEwen, who became the newspaper's sports editor.

As the German army collapsed, however, the U.S. military readied the 13th Armored Division for an invasion of Japan. "They expected 100% casualties," Germany recalls. To his surprise the army routed his unit through Boston and granted the soldiers 30-day leave, a rare action. He soon learned why. During that 30-day period, the United States bombed Hiroshima and Nagasaki.

"That's why I keep telling my children you never complain about the atomic bomb, because if it hadn't been dropped you wouldn't be here," he says. "That is absolutely true."

Over the next few months, the military offered Germany a choice: discharge or an assignment with the military rebuilding efforts in Japan. He chose the latter. While there, he taught through a University of Maryland extension program, saved his money and returned in 1947 to the states. Then he fulfilled the dream - earning admission to the Harvard University School of Law and graduating in 1950.

Referring to his high school aspirations, Germany says, "I tell the kids, 'Think big; you never know when you'll hit the mark.' "

Although he wanted to practice law in Massachusetts, Germany returned to his roots. The now late Cody Fowler, co-founder of what is now Tampa's Fowler White Boggs Banker, recruited him as a litigator.

During two short years at the law firm, Germany took charge of Fowler's efforts to effect legislative change. It was around this time when Germany's wife, Mary Ellen, became close friends with Gibbon's wife through social activities. The women's friendship brought the two future leaders together.

"John and I learned together," Gibbons says. "He suffered through all my attempts to make political speeches, to rally the people."

Governor's right hand

By 1953, fellow Harvard Law alum John Himes persuaded Germany to join as a partner in the law firm of Coles Himes & Germany. Part of his responsibilities included part-time work as an assistant Hillsborough County attorney.

Because of his political work, Germany earned the attention LeRoy Collins, who would become the 33rd governor of Florida in 1955. While still at Coles Himes, Germany became Collins' chief legislative aide.

Collins' gubernatorial election occurred during turbulent times. The U.S. Supreme Court had ruled the prior year in the landmark desegregation case Brown v. Board of Education. Collins stood firmly on the side of the desegregation.

"We were involved in a lot of work together," recalls former Bradenton state Sen. Edgar H. Price Jr.

During Collins's first term, Price says, a legislative proposal sought to close any Florida public school that enrolled blacks. When Collins vetoed the bill, he says, Germany rallied legislators against a revote.

"Being as close as he was to LeRoy Collins, (Germany) was quite helpful," Price recalls. "John helped by contacting legislators. I was one of those who helped keep the governor's veto."

It also was during this time that Gibbons and Germany embarked on a political partnership to create the third publicly funded university in Florida - now the University of South Florida.

"Sam Gibbons was the father of the University of South Florida, but I was the mid-wife," Germany acknowledges.

The deal came with a tradeoff, however, Germany says. Then-powerful Polk County Rep. Roy Surles Jr. wanted the new university in Lakeland. Following extensive negotiations, he says, Surles agreed to support the creation of the new university in Tampa if the governor backed a proposal to put one of three newly proposed state appellate courts - the 2nd District Court of Appeal - in Lakeland.

"I was the governor's aide, and as such I had the last argument before he went home for the night," Germany says.

Job well done

The work Germany did for Collins came with a prestigious reward. The governor appointed him in 1959 to fill a judicial vacancy in the 13th Circuit.

Because of his relative young age, Germany's appointment stirred some resentment among older lawyers in the Tampa Bay area who wanted that job. That put Germany in the position of defending his incumbency a year later. But then something interesting occurred that brought him a measure of public admiration. Ultimately, no one challenged him for re-election.

Germany's friend James Clendenen, the Tribune's editorial editor then, invited the circuit judge to visit Moscow, Soviet Union, as part of a delegation of national newspaper editors. En route, Germany says, Clendenen wanted to stop in England to cover a meeting between President Dwight D. Eisenhower and British Prime Minister Harold Macmillan.

Upon learning of their plans, Germany says, Mayor Nick Nuccio asked Germany to deliver a box of Winston Churchill's favorite cigars to the former prime minister.

With a little bit of maneuvering, Germany and Clendenen were granted access to Churchill's London home with the possibility of meeting the former prime minister. Germany says the home bore testament to the famed British leader's legacy, with rooms filled with historic mementos. Unfortunately, Churchill could not meet with them. So they left the cigars.

"I want you to know this letter I have framed, personally to me ¦ a thank you note was in my office by the time I had come back from the Soviet Union three weeks later," Germany says. "It is so beautifully phrased: 'Thank you for the agreeable gift of cigars. I have enjoyed some, and they are excellent.' That's hanging on my wall. I had it appraised, and the appraisal was $5,000." But he considers it a priceless treasure. "If a fire happens, I save my wife, first, and the letter second."

In 1966, Germany resigned from the court. Gibbons attributes Germany's decision to economic reasons for his family's sake.

"It was straight up and down with him as a judge," Gibbons says. "That' s the kind of heritage he comes from. He did things according to the law and not friendship.

"When you're a judge, you're the judge of facts presented to you in a case under oath and the law," he adds. "The only thing you make any real decisions about is the quality or the veracity of the witnesses as they testify. John was very much a lawyer's lawyer."

Creating a legacy

On exiting the judiciary, Germany joined with respected Tampa attorney Peter O. Knight Jr. to form Knight Jones Whitaker & Germany. He became a corporate lawyer, serving clients such as Tampa Electric Co. and The Tampa Tribune.

Two years later, the partners decided to merge with the law firm of the now-late Spessard Holland, Florida's 28th governor. Under the guidance of the late respected lawyer Chesterfield Smith, the new partnership emerged as Holland & Knight. Germany later served a term as the firm's chairman.

While at Holland & Knight, Germany represented Bradenton's Tropicana Products throughout much of the 1970s. Price says Germany handled all the legal work in the late '70s when Beatrice Foods acquired the publicly traded juice producer. He says few outside the company ever knew how important a role Germany played in that acquisition.

"John has always just been the person who never took credit for anything," Price says. "He always considered himself just a boy who came from a small place, and his financial circumstances were not always the best. But he always worked hard and made his own way.

"He's a wonderful person to be involved with," Price adds. "He always gave credit to someone else."

To illustrate that point, Price says, just look at Germany's effort to create a library in downtown Tampa. While serving as circuit judge in '60s, Germany pressured Tampa city officials to replace a small Andrew Carnegie library built around 1917. Germany considered it inadequate for the needs of a growing metropolis.

"Well, libraries are not the sexiest projects you can sell to the public," Germany says. His first efforts were met with reluctance; that is, until he proposed the idea to Nuccio.

"He says, 'John if you can show me any taxable unit that we have not used I'll build the library,' " Germany recalls. "I found a part of the cigarette tax, which enabled us to bond the money to build a library. And the mayor kept his word on it."

Nearly four decades later, on Jan. 1, 1999, Hillsborough and Tampa officials renamed the site on Ashley Street as the John F. Germany Public Library.

All-round contributor

That library dedication officially recognized more than just Germany's efforts to build it. It also recognized his all-round contributions to his community. And, indeed, it is a lengthy list of contributions.

The list includes work as a member and chairman of the University of Tampa board of trustees and member of the Greater Tampa Chamber of Commerce's board of governors. He also served as chairman of the Florida Chamber of Commerce.

Because of his work at USF, he served as the second president of University of Florida Foundation. Gibbons was the first.

Despite all of this, Germany's greatest contribution to the legal profession may be his pro bono work from 1974-76 as chairman of the National Conference of Bar Examiners and from 1982-85 as chairman of the national conference's Multistate Bar Examination Committee.

Germany was instrumental in the creation of a national bar examination that sought uniform testing standards in an effort to create a more fairer system for all young attorneys. In New York state, he publicly argued for the need to institute a uniform bar examination. The judge who heard his arguments agreed.

"That broke the dam, and we started to get all of the states," Germany says. "The greatest thing we did, which we left as a legacy, was an exam that was fair to everybody."