Transcript
Lincoln on Lawyering
Gregg W. Emch
MacMillan, Sobanski & Todd, LLC
(419) 255-5900
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Lincoln’s Legal Career
• Lincoln attended school less than a year
• Became a lawyer in 1836 by “reading”• Entire career in Springfield• Partners: Stuart, Logan, and Herndon• “Jack-of-all-trades” practice• Lincoln and partners handled over
5,000 cases until 1860• Intended to practice after presidency
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Lincoln’s “Notes for a Law Lecture” (1850)
Introduction:
“I am not an accomplished lawyer. I find quite as much material for a lecture in those points herein I have failed, as in those wherein I have been moderately successful.”
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Diligence
• “The leading rule for the lawyer, as for the man of every calling, is diligence.”
• Never let correspondence fall behind• Before stopping, do all labor pertaining
to a matter that can then be done• Prepare all legal documents once facts
are known: avoids omissions and neglect, saves time, less stress
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Public Speaking
• “Extemporaneous speaking should be practiced and cultivated.”
• Lawyer’s avenue to the public• People slow to bring lawyer work if he
cannot make a speech• Don’t rely too much on speech-making• No exemption from “drudgery of the
law”
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Discourage Litigation
• “Persuade your neighbors to compromise whenever you can.”
• Nominal winner is often a real loser—in fees, expenses, and waste of time
• As a peacemaker lawyer has “superior opportunity” of being a good man
• “There will still be business enough.”
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Never Stir Up Litigation
• Stirring up litigation: “A worse man can scarcely be found than one who does this.”
• Lawyer shouldn’t look around for legal matters to bring to the attention of clients to “stir up strife,” especially if motive is to “put money in his pocket”
• “A moral tone ought to be infused into the profession which should drive such men out of it.”
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Fees
• “The matter of fees is important, far beyond the mere question of bread and butter involved.”
• Fees should be fair to both lawyer and client
• Exorbitant fee should never be claimed
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Fees (continued)
• General rule: Never take whole fee in advance, nor more than a small retainer
• If fully paid beforehand, lawyer will have less interest in the case
• Less interest: Job will “very likely lack skill and diligence in the performance”
• Settle on fee in advance: Lawyer will feel that he is working for something, and will do the work “faithfully and well”
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Fees (continued)
• In 1856, a client sent Lincoln $25 for drafting a legal document
• Lincoln responded: “You must think I am a high-priced man. You are too liberal with your money. Fifteen dollars is enough for the job.”
• Lincoln returned the balance
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Honesty
• “There is a vague popular belief that lawyers are necessarily dishonest.”
• Not the case: People extend confidence and honors on lawyers, therefore improbable that their impression of dishonesty is “distinct and vivid”
• Yet impression is “almost universal”
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Honesty (continued)
“Let no young man choosing the law for a calling for a moment yield to the popular belief—resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation, rather than one in the choosing of which you do, in advance, consent to be a knave.”
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Honesty (continued)
• In handling hundreds of cases in circuit courts, Lincoln firmly established his reputation for absolute honesty
• He became known as “Honest Abe”—or often “Honest Old Abe”—the lawyer who was never known to lie
• Lincoln held himself to the highest standards of truthfulness
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Patent Case
• Lincoln represented patent infringement defendant in Parker v. Hoyt
• He argued successfully in clear, simple language that Hoyt’s waterwheel device did not infringe
• Lincoln regarded this as one of the most gratifying triumphs of his professional life
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Lincoln Patent
• Lincoln only president to receive patent• No. 6,469, issued in 1849• “Manner of Buoying Vessels”• Patent attorney Z.C. Robbins
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Lincoln Lessons
Don’t be afraid to fail—it’s the only way to become successful
Work hard—get the job doneGive speeches—they build your
practiceDiscourage litigation—be a peacemakerCharge reasonable fees—your clients
will respect you
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Lincoln Lessons (continued)
Most important lesson: Honesty• Be honest with everyone—clients,
attorneys, judges, examiners, government employees, co-workers
• Build a reputation on absolute truthfulness
• Aspire to have “Honest” used before your name
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