lincoln on lawyering

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Lincoln on Lawyering Gregg W. Emch MacMillan, Sobanski & Todd, LLC (419) 255-5900

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Page 2: Lincoln on lawyering

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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

Page 3: Lincoln on lawyering

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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.”

Page 4: Lincoln on lawyering

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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

Page 5: Lincoln on lawyering

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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”

Page 6: Lincoln on lawyering

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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.”

Page 7: Lincoln on lawyering

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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.”

Page 8: Lincoln on lawyering

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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

Page 9: Lincoln on lawyering

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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”

Page 10: Lincoln on lawyering

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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

Page 11: Lincoln on lawyering

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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”

Page 12: Lincoln on lawyering

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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.”

Page 13: Lincoln on lawyering

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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

Page 14: Lincoln on lawyering

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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

Page 15: Lincoln on lawyering

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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

Page 16: Lincoln on lawyering

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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

Page 17: Lincoln on lawyering

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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