{"id":517,"date":"2007-02-12T00:05:20","date_gmt":"2007-02-12T04:05:20","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/shlep\/2007\/02\/12\/lincolns-message-to-lawyers-and-litigat"},"modified":"2007-02-12T05:08:28","modified_gmt":"2007-02-12T09:08:28","slug":"lincolns-message-to-lawyers-and-litigators","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/shlep\/2007\/02\/12\/lincolns-message-to-lawyers-and-litigators\/","title":{"rendered":"Lincoln&#8217;s message to lawyers and litigators"},"content":{"rendered":"<p>\u00a0<img loading=\"lazy\" decoding=\"async\" height=\"59\" alt=\"AbeLincoln\" src=\"http:\/\/blogs.law.harvard.edu\/shlep\/files\/2007\/02\/AbeLincoln.jpg\" width=\"45\" \/>\u00a0\u00a0Abraham Lincoln will be quoted and discussed a lot today, the 198th anniversary of his birth.\u00a0 I thought I&#8217;d share with you a few excerpts from his\u00a0<a href=\"http:\/\/showcase.netins.net\/web\/creative\/lincoln\/speeches\/lawlect.htm\">Notes for a Law Lecture<\/a> (July 1, 1850).\u00a0 Aimed at lawyers, the Lecture has good advice for <em>pro se<\/em> litigants, too. (emphases added)<\/p>\n<ul>\n<li>\u00a0&#8220;<em>The leading rule for the lawyer, as for the man of every other calling, is diligence<\/em>.&#8221; . . . [Perform] &#8220;the labor out of court when you have leisure, rather than in court when you have not.&#8221;<\/li>\n<li>\u00a0&#8220;[P]eople are slow to bring\u00a0[a lawyer]\u00a0business if he cannot make a speech. And yet <em>there is not a more fatal error to young lawyers than relying too much on speech-making<\/em>. 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.&#8221;<\/li>\n<li>&#8220;<em>Never stir up litigation<\/em>. A worse man can scarcely be found than one who does this.\u00a0. . . A moral tone ought to be infused into the profession which should drive such men out of it.&#8221;<\/li>\n<li><img loading=\"lazy\" decoding=\"async\" height=\"29\" alt=\"pennyS\" src=\"http:\/\/blogs.law.harvard.edu\/shlep\/files\/2007\/02\/penny%20sm.gif\" width=\"40\" \/>\u00a0&#8220;<em>The matter of fees is important<\/em>, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client. <em>An exorbitant fee should never be claimed<\/em>. 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.&#8221;<\/li>\n<li>&#8220;<em>There is a vague popular belief that lawyers are necessarily dishonest<\/em>. 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. <em>Let no young man choosing the law for a calling for a moment yield to the popular belief &#8212; 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. <\/em>Choose some other occupation, rather than one in the choosing of which you do, in advance, consent to be a knave.&#8221;<\/li>\n<\/ul>\n<p><img loading=\"lazy\" decoding=\"async\" height=\"29\" alt=\"pennyS\" src=\"http:\/\/blogs.law.harvard.edu\/shlep\/files\/2007\/02\/penny%20sm.gif\" width=\"40\" \/>\u00a0You can learn more about Abraham Lincoln&#8217;s lawyering (including what kind of fees he charged) at <em>f\/k\/a<\/em>, in the posting <a href=\"http:\/\/blogs.law.harvard.edu\/ethicalesq\/2004\/02\/12\/a-lincolnesque-law-practice\/\">A Lincolnesque Law Practice?<\/a>\u00a0\u00a0And see,\u00a0<a href=\"http:\/\/blogs.law.harvard.edu\/ethicalesq\/2004\/02\/19\/lawyer-lincoln-was-a-bargain\/\">Lawyer Lincoln Was a Bargain<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u00a0\u00a0\u00a0Abraham Lincoln will be quoted and discussed a lot today, the 198th anniversary of his birth.\u00a0 I thought I&#8217;d share with you a few excerpts from his\u00a0Notes for a Law Lecture (July 1, 1850).\u00a0 Aimed at lawyers, the Lecture has good advice for pro se litigants, too. (emphases added) \u00a0&#8220;The leading rule for the lawyer, [&hellip;]<\/p>\n","protected":false},"author":437,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[900],"tags":[],"class_list":["post-517","post","type-post","status-publish","format-standard","hentry","category-viewpoint"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/posts\/517","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/users\/437"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/comments?post=517"}],"version-history":[{"count":0,"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/posts\/517\/revisions"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/media?parent=517"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/categories?post=517"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/tags?post=517"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}