Lincoln ethics speech for lawyers

[NickP]

I am a lawyer and a Lincoln history buff. I am giving an ethics continuing legal education speech to a group of product liability lawyers, and my topic is “What Every Lawyer Should Know about Abraham Lincoln.” I plan on discussing Lincoln’s legal career, but also some of his other attributes that are instructive to lawyers. I plan on covering the following:

Courage: (retaining McClellan even though McClellan was a Democrat who did not agree with Lincoln’s war policy; refusing to accept peace with the south unless slavery was abolished, visiting Richmond while the smoke was still rising from battle, etc.)

Humor (I think Lincoln was a master at using Humor to advocate effectively. Did he really say "if I[/font] was two faced do you really think I'd use this one?) I'd love some more examples.

Writing (we can all learn from Lincoln’s brevity in writing.)

Do you have any thoughts or ideas about this topic? Are there resources you would recommend ?

Thanks!

[Rob Wick]

Welcome Nick.

The most recent book out on Lincoln as a lawyer is Brian Dirck's Lincoln the Lawyer.

If you're already aware of the following, which I took from Lowell and Rhoda Sneller's Lincoln site, forgive my repetition.

Letter to Isham Reavis on November 5, 1855

My dear Sir:
I have just reached home, and found your letter of the 23rd. ult. I am from home too much of my time, for a young man to read law with me advantageously. If you are resolutely determined to make a lawyer of yourself, the thing is more than half done already. It is but a small matter whether you read with any body or not. I did not read with any one. Get the books, and read and study them till, you understand them in their principal features; and that is the main thing. It is of no consequence to be in a large town while you are reading. I read at New-Salem, which never had three hundred people living in it. The books, and your capacity for understanding them, are just the same in all places. Mr. Dummer is a very clever man and an excellent lawyer (much better than I, in law-learning); and I have no doubt he will cheerfully tell you what books to read, and also loan you the books.

Always bear in mind that your own resolution to succeed, is more important than any other one thing. Very truly Your friend
A. Lincoln

Letter to William H. Grigsby on August 3, 1858

My dear Sir:
Yours of the 14th. of July, desiring a situation in my law office, was received several days ago. My partner, Mr. Herndon, controls our office in this respect, and I have known of his declining at least a dozen applications like yours within the last three months.

If you wish to be a lawyer, attach no consequence to the place you are in, or the person you are with; but get books, sit down anywhere, and go to reading for yourself. That will make a lawyer of you quicker than any other way. Yours Respectfully,
A. Lincoln

Letter to James T. Thornton on December 2, 1858

Dear Sir
Yours of the 29th, written in behalf of Mr. John W. Widmer, is received. I am absent altogether too much to be a suitable instructor for a law student. When a man has reached the age that Mr. Widner has, and has already been doing for himself, my judgment is, that he reads the books for himself without an instructor. That is precisely the way I came to the law. Let Mr. Widner read Blackstone's Commentaries, Chitty's Pleadings's -- Greenleaf's Evidence, Story's Equity, and Story's Equity Pleading's, get a license, and go to the practice, and still keep reading. That is my judgment of the cheapest, quickest, and best way for Mr. Widner to make a lawyer of himself. Yours truly
A. Lincoln

NOTE: Lincoln sometimes misspelled Widmer's name in the above letter.

Letter to John M. Brockman on September 25, 1860

J. M. Brockman, Esq.
Dear Sir: Yours of the 24th. asking "the best mode of obtaining a thorough knowledge of the law" is received. The mode is very simple, though laborious, and tedious. It is only to get the books, and read, and study them carefully. Begin with Blackstone's Commentaries, and after reading it carefully through, say twice, take up Chitty's Pleadings, Greenleaf's Evidence, & Story's Equity &c. in succession. Work, work, work, is the main thing. Yours very truly
A. Lincoln

Also there's this:

Abraham Lincoln's Notes for a Law Lecture
This document fragment was dated July 1, 1850 by Abraham Lincoln's White House secretaries, John Nicolay and John Hay, who collected many of his manuscripts after his death. The note in the Collected Works of Abraham Lincoln indicates that Lincoln could have written these observations several years later than 1850. It is not known, however, if Lincoln ever delivered this lecture.

In these notes Lincoln provides a glimpse of how he worked and the high standards of diligence and honesty he set. He has sharp words for the dishonest and unscrupulous members of the bar, calling them "fiends" and "knaves." He warns prospective lawyers, "if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer."

"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.

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.

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."

Hope this helps.

Best
Rob

[NickP]

(01-21-2013 09:13 PM)Rob Wick Wrote:  Welcome Nick.

The most recent book out on Lincoln as a lawyer is Brian Dirck's Lincoln the Lawyer.

If you're already aware of the following, which I took from Lowell and Rhoda Sneller's Lincoln site, forgive my repetition.

Letter to Isham Reavis on November 5, 1855

My dear Sir:
I have just reached home, and found your letter of the 23rd. ult. I am from home too much of my time, for a young man to read law with me advantageously. If you are resolutely determined to make a lawyer of yourself, the thing is more than half done already. It is but a small matter whether you read with any body or not. I did not read with any one. Get the books, and read and study them till, you understand them in their principal features; and that is the main thing. It is of no consequence to be in a large town while you are reading. I read at New-Salem, which never had three hundred people living in it. The books, and your capacity for understanding them, are just the same in all places. Mr. Dummer is a very clever man and an excellent lawyer (much better than I, in law-learning); and I have no doubt he will cheerfully tell you what books to read, and also loan you the books.

Always bear in mind that your own resolution to succeed, is more important than any other one thing. Very truly Your friend
A. Lincoln

Letter to William H. Grigsby on August 3, 1858

My dear Sir:
Yours of the 14th. of July, desiring a situation in my law office, was received several days ago. My partner, Mr. Herndon, controls our office in this respect, and I have known of his declining at least a dozen applications like yours within the last three months.

If you wish to be a lawyer, attach no consequence to the place you are in, or the person you are with; but get books, sit down anywhere, and go to reading for yourself. That will make a lawyer of you quicker than any other way. Yours Respectfully,
A. Lincoln

Letter to James T. Thornton on December 2, 1858

Dear Sir
Yours of the 29th, written in behalf of Mr. John W. Widmer, is received. I am absent altogether too much to be a suitable instructor for a law student. When a man has reached the age that Mr. Widner has, and has already been doing for himself, my judgment is, that he reads the books for himself without an instructor. That is precisely the way I came to the law. Let Mr. Widner read Blackstone's Commentaries, Chitty's Pleadings's -- Greenleaf's Evidence, Story's Equity, and Story's Equity Pleading's, get a license, and go to the practice, and still keep reading. That is my judgment of the cheapest, quickest, and best way for Mr. Widner to make a lawyer of himself. Yours truly
A. Lincoln

NOTE: Lincoln sometimes misspelled Widmer's name in the above letter.

Letter to John M. Brockman on September 25, 1860

J. M. Brockman, Esq.
Dear Sir: Yours of the 24th. asking "the best mode of obtaining a thorough knowledge of the law" is received. The mode is very simple, though laborious, and tedious. It is only to get the books, and read, and study them carefully. Begin with Blackstone's Commentaries, and after reading it carefully through, say twice, take up Chitty's Pleadings, Greenleaf's Evidence, & Story's Equity &c. in succession. Work, work, work, is the main thing. Yours very truly
A. Lincoln

Also there's this:

Abraham Lincoln's Notes for a Law Lecture
This document fragment was dated July 1, 1850 by Abraham Lincoln's White House secretaries, John Nicolay and John Hay, who collected many of his manuscripts after his death. The note in the Collected Works of Abraham Lincoln indicates that Lincoln could have written these observations several years later than 1850. It is not known, however, if Lincoln ever delivered this lecture.

In these notes Lincoln provides a glimpse of how he worked and the high standards of diligence and honesty he set. He has sharp words for the dishonest and unscrupulous members of the bar, calling them "fiends" and "knaves." He warns prospective lawyers, "if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer."

"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.

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.

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."

Hope this helps.

Best
Rob

---

Thanks very much Rob. I'm currently reading "An Honest Calling THe Law Practice of Abraham Lincoln." I will get Dirck's book as well.

[RJNorton]

Nick, Brian Dirck is a member here. You can contact him through the forum if you think that might help.

[Gene C]

NickP, welcome! I ordered this book for Christmas, but haven't read it yet (It was very inexpensive- get a used one)

http://rogerjnorton.com/LincolnDiscussio...d-555.html
(Lincoln on Leadership by Donald Philips

Table of contents looks good, and the subject matter should transition easily enought to extend and be applicable to what you are working on. Good luck!

I have to take ethics classes for continuing education requirements for insurance. The most interesting are the ones that recount incidences that went wrong. You learn from your mistakes (and hopefully learn from the mistakes of others)