LINCOLN’S NOTES ON THE PRACTICE OF LAW

February 18, 2011 § 4 Comments

Among the many facets of his notable life, often overlooked, is Abraham Lincoln’s career as a lawyer.  It’s not hard to imagine the rough-hewn Lincoln in country courthouses questioning witnesses, holding forth to the court, and regaling juries.  Even though he achieved respect of his peers and some wealth in his practice in his representation of a railroad, he retained his homespun country lawyer patina.  

These notes are some he roughed out for a speech on the practice of law that he never delivered.  Despite the fact that they were never refined to the point of oratory, they reflect the philosophy of an everyday lawyer that we can appreciate nearly 150 years later.   

I am not an accomplished lawyer. I find quite as much material for a lecture in those points wherein I have failed, as in those wherein I have been moderately successful. The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day. Never let your correspondence fall behind. Whatever piece of business you have in hand, before stopping, do all the labor pertaining to it which can then be done. When you bring a common-law suit, if you have the facts for doing so, write the declaration at once. If a law point be involved, examine the books, and note the authority you rely on upon the declaration itself, where you are sure to find it when wanted. The same of defenses and pleas. In business not likely to be litigated, — ordinary collection cases, foreclosures, partitions, and the like, — make all examinations of titles, and note them, and even draft orders and decrees in advance. This course has a triple advantage; it avoids omissions and neglect, saves your labor when once done, performs the labor out of court when you have leisure, rather than in court when you have not.

Extemporaneous speaking should be practised and cultivated. It is the lawyer’s avenue to the public. However able and faithful he may be in other respects, people are slow to bring him business if he cannot make a speech. And yet there is not a more fatal error to young lawyers than relying too much on speech-making. If any one, upon his rare powers of speaking, shall claim an exemption from the drudgery of the law, his case is a failure in advance.

There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common, almost universal. 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. 

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket? A moral tone ought to be infused into the profession which should drive such men out of it.

The matter of fees is important, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client. An exorbitant fee should never be claimed. As a general rule never take your whole fee in advance, nor any more than a small retainer. When fully paid beforehand, you are more than a common mortal if you can feel the same interest in the case, as if something was still in prospect for you, as well as for your client. And when you lack interest in the case the job will very likely lack skill and diligence in the performance. Settle the amount of fee and take a note in advance. Then you will feel that you are working for something, and you are sure to do your work faithfully and well. Never sell a fee note — at least not before the consideration service is performed. It leads to negligence and dishonesty — negligence by losing interest in the case, and dishonesty in refusing to refund when you have allowed the consideration to fail.

Thanks to Legal Ethics Blog.

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§ 4 Responses to LINCOLN’S NOTES ON THE PRACTICE OF LAW

  • Frankie Springer says:

    Have you read “Lincoln the Unknown” by Dale Carnegie? My dad won a copy years ago while taking the Carnegie Course. He encouraged me to read it, but I never did. Your post made me think about that book.

  • Frankie Springer says:

    Thanks for posting, Judge. This is very good reading.

    • Larry says:

      Frankie … Lincoln is one of the most phenomenal historical characters ever. I hope you have a chance to read about him and appreciate what an incredible person he was. I know he’s not exactly “in fashion” among many southerners, but his perserverance in raising himself out of poverty, his wisdom, and his devotion to the the cause of Union, elevate him in my esteem.

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