by Dean J. Zipser
The Orange County Bar Association’s highest honor is the Franklin G. West Award. It is bestowed annually to a lawyer or judge whose lifetime achievements have advanced justice and the law. The list of prior recipients is a most impressive one, and includes Superior and Federal District Court Judges, State and Federal Appellate Justices, a former California Supreme Court Chief Justice, as well as some of the most recognized and accomplished attorneys in our County. This year’s recipient, the late Donald S. Gray, now takes his place among those honorees.
Don passed away last September, far too soon at 64. We lost a leader and a friend, and someone who left a lasting mark on the profession. Yet, while many knew Don, and many more knew of him, few knew the breadth or scope of his involvement in the legal community or his efforts to advance justice. Even many who were close to Don were unaware of all of his accomplishments. Don was not about making headlines or gaining notoriety; Don got involved because that was his nature. He became a leader not by design, but because of his abilities and the respect he earned from others. Indeed, I have no doubt that, were Don here to learn of the honor he is receiving, he would insist that he does not deserve it, and deflect the attention elsewhere. But deserve it he does, and it is our profound loss that he is not here to accept it.
Don was born and raised in Los Angeles. He put himself through college, graduating from California State University, Los Angeles, where he received a Bachelor of Arts degree in Political Science. Don served in the U.S. Army, earning the rank of Captain. He became a decorated Vietnam veteran (Field Artillery) and a Life Member of the 1st Infantry Division Society. He received a number of combat awards, including the Bronze Star, the Army Commendation Medal, and the Air Medal for more than 25 hours of combat air assaults.
Don went to law school at the University of California, Hastings College of the Law, graduating in 1974. Don became an in-house lawyer, ultimately becoming General Counsel of ITT Fluid Technology Group, a component of ITT Corporation. Don interrupted his 10-year stint at ITT when he accepted a three-year Presidential Appointment to serve as Director of the Military Equal Opportunity Program at the Department of Defense under President Jimmy Carter. There, he was responsible for the worldwide integration of women and minorities in non-traditional jobs throughout all branches of the military.
During this same time period, Don was a Charter Member of the Senior Executive Service of the United States. (The Senior Executive Service is comprised of individuals selected for their leadership qualifications and charged with leading the continuing transformation of the government.) His position was equivalent to the rank of Brigadier General, and Don had top secret clearance. As a result of his contribution and service, Don was awarded the Secretary of Defense Medal for Outstanding Public Service.
Don left ITT in 1987 to join Toshiba America Information Systems, Inc., and became its Vice President, General Counsel, and Secretary. (Don was always proud to note that he had one of the longest tenures as a General Counsel for one company in all of Orange County.) At Toshiba, he was the Chief Legal Officer responsible for the management of all of the company’s domestic and international legal affairs in the United States, Mexico, and South America. Throughout his 22+ —year tenure, Don had ultimate responsibility for all of the legal issues facing the company, including the ever-changing areas of antitrust, government contracts and relations, employment, import/export, and technology licensing transactions, to name just a few. In addition, Don was responsible for managing litigation throughout the country.
Many know Don as a former President of the Orange County Bar Association (circa 1999). Don’s service to our Bar Association was extensive, and continued up to the time of his death. For example, in addition to serving on the Board of Directors and in each of the other Officer positions, Don was a two-term Chairman of the OCBA’s Judiciary Committee and led or served on a host of committees and task forces, including, among others, the Nominating and Appointments Committees and, most recently, the Leadership Task Force.
Beyond the OCBA, Don served as President of the Bernard S. Jefferson Law Society of Orange County, and was a member of the Board of Advisors/Visitors for Whittier Law School, Chapman University School of Law, and Western State University, College of Law (where he was awarded an honorary Juris Doctor degree in 1999). He also was a 20-year member of the adjunct faculty of California State University of Fullerton, receiving the John W. Trego Award for Outstanding and Dedicated Service, and a former member of its Executive Council.
Don did not limit his involvement and accomplishments to the legal and professional arenas. For example, Don was a trustee and long-time member of his church, receiving numerous awards for his service, including being named its Man of the Year, and was very active in the Orange County Council of the Boy Scouts of America, serving as an Assistant Scoutmaster and participating in numerous scouting trips.
Given Don’s service and dedication to the community and the profession, it should not come as any surprise that we are not the first to recognize and acknowledge his contributions. Among many other accolades, Don Gray was a recipient of the Anti-Defamation League’s Jurisprudence Award, the Year 2000 Citizen of Distinction in Law Award presented by the City of Santa Ana and the National Association for the Advancement of Colored People, the Tom Bradley Distinguished Citizen Award (in April 2005), and the Learned Hand Lifetime Achievement Award presented by the American Jewish Committee.
Don’s leadership abilities and his winning personality served to extend his contributions far beyond the positions he held or what he accomplished in them. Don set an example for the rest of us and encouraged and mentored others. By making a difference in, and improving the lives of, countless individuals, he further bettered our profession and community. I am just one of so many who benefitted from Don’s mentoring, guidance, and leadership.
But even this doesn’t fully capture Don. Ask anyone who knew him well and they likely will tell you that what truly distinguished Don was not just his dedication, commitment, or service; rather, it was his spirit, his compassion, his sense of humor, and his ability to live life to the fullest. First and foremost, Don was a devoted family man. He and his wife, Jacqueline Wyatt Gray, had three children, Donald, Jr., Victoria, and Derrick. Don quite naturally took great pride in and would freely boast about his family and their accomplishments—from school achievements to career developments. Although Don worked long hours, which included a substantial amount of business travel, his family always came first.
Don did not shy from the pressures and challenges of work; indeed, he thrived off of them. Perhaps because of that, Don had an uncanny ability to keep the appropriate balance. Don worked hard, but Don was not all work; he also knew how to relax, have fun, and make others have fun. As one constant reminder, Don had a drawing of a mountain in Europe prominently displayed in his office and would gladly point out the various ski runs he had made and those that were next up for him on that mountain.
Don also knew how to keep things in perspective. He knew what was most important in life, when to worry, and when to move on. I have witnessed first-hand and on many occasions how Don could instantly relieve a tense moment with one of his disarming looks, a mere wink, a smile, or just by making eye contact. An example of one such instance occurred when we had a group meeting for breakfast immediately before an important negotiation. Don showed up wearing a playful tie and after we all had sat down, instead of discussing our strategy, Don taught us, and then made us sing, the “Good Morning Song”—a song he sang as a child. Instantly, the mood changed. And, as those who knew Don can attest, that is by no means an isolated incident. Don had a joyful spirit that became infectious.
Although he may not have set out to do so, Don not only advanced justice and the law, but also, he taught others to do so. He showed us how to be effective leaders and how to contribute to the profession and justice system. He did so by actions and by encouraging others. Don leaves behind a legacy of achievement, and untold numbers who have done and will do more because of him. He taught us how to live.
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Dean J. Zipser is a litigation partner at Manatt, Phelps & Phillips, LLP, and was the 2005 President of the Orange County Bar Association.