In Memoriam: Christian & Small Founder and Partner Clarence M. Small Jr. (1934 – 2018)

By Duncan Y. Manley, Partner

It is with sad hearts that we report the death of our partner, friend and mentor, Clarence M. Small, Jr., who passed away on October 31, 2018 at his home in North Carolina.  He is survived by his wife Gretchen, and three children, Steve, Elizabeth and Laura.

Clarence M. Small Jr. (1934 – 2018)

Clarence was born on July 24, 1934.  He grew up in Montgomery, Alabama where his father was a practicing attorney.  He graduated from Auburn University in 1956.  He attended the University of Alabama Law School and graduated in 1961 with an LLB degree.  While at the law school, he was a member of Phi Delta Phi legal fraternity, Omicron Delta Kappa and the Farrah Order of Jurisprudence.  He served on the Editorial Board of the Alabama Law Review.  Upon graduation and after serving our country in the U. S. Army, Clarence became associated with the Birmingham, Alabama law firm Rives, Peterson, Pettus & Conway.  Over the years, that firm went through several name changes, many of which included his name, including the firm with which he was associated at the time of his death, Christian & Small.

He was honored to be elected to serve as President of the Birmingham Bar Association (1979) and the Alabama Bar Association (1992).  His excellence as a lawyer was recognized by his induction in the American College of Trial Lawyers, the International Academy of Trial Lawyers, the American Bar Foundation, the American Board of Trial Advocates.  Late in his career, he became a member of the National Academy of Distinguished Neutrals.

He was a member of the American Bar Association, and served the House of Delegates from 1983 to 1990.  He was a member of the Alabama Defense Lawyers Association.  He served on the Alabama Appellate Rules Committee, the Jefferson County Judicial Commission, and the Alabama Tort Reform Summit.

He was granted the AV Preeminent Peer Review rating by Martindale and Hubbell soon after he began to practice.  He was selected for inclusion in The Best Lawyers in America® 2011 in the field of alternative dispute resolution; 2011-2018 in the field of Personal Injury Litigation – Defendants; 2012-2018 in the fields of Arbitration and Mediation.  He was selected for inclusion in Alabama Super Lawyers® 2008-2010 in the fields of alternative dispute resolution and civil litigation defense, and also selected for inclusion in Benchmark Litigation’s list of Alabama Litigation Stars in the field of commercial litigation (2010-2015).

Clarence tried cases in many jurisdictions around the country and was admitted to the following Bars:  United States Supreme Court; U.S. Court of Appeals, 3rd Circuit; U.S. Court of Appeals, 5th Circuit; U.S. Court of Appeals, 6th Circuit; U.S. Court of Appeals, 9th Circuit; U.S. Court of Appeals, 11th Circuit; U.S. District Court, Northern District of Alabama; U.S. District Court, Middle District of Alabama, and U.S. District Court, Southern District of Alabama.

One of Clarence’s memorial experiences was his admission to the bar of the U.S. Supreme Court. He and his senior partner at the time, Al Rives, traveled to Washington for the ceremony. Back then, a formal introduction to the Court was required by another member of the Supreme Court Bar. Following his introduction to the Court by Mr. Rives and his taking of the oath, a clerk of the court sent word to Mr. Rives that one of the justices would like for him to come to his chambers for a visit. Clarence enjoyed a visit in the chamber of Justice Hugo Black, a longtime friend of Mr. Rives. Clarence had said that he was reluctant to say much, but was enthralled with the stories shared that afternoon by Justice Black and Al Rives.

Clarence was a brilliant lawyer who was loved and respected by all members of the Bar who knew him.  His broad range of trial experience, his genuine friendship with other members of the bar, his patience, and his ability to quickly and thoroughly grasp the most important points of any legal issue or dispute are qualities that his law partners and colleagues will always remember about Clarence.

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