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

2. www.mstfirm.com
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

3. www.mstfirm.com
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.”

4. www.mstfirm.com
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

5. www.mstfirm.com
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”

6. www.mstfirm.com
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.”

7. www.mstfirm.com
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.”

8. www.mstfirm.com
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

9. www.mstfirm.com
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”

10. www.mstfirm.com
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

11. www.mstfirm.com
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”

12. www.mstfirm.com
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.”

13. www.mstfirm.com
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

14. www.mstfirm.com
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

15. www.mstfirm.com
Lincoln Patent
• Lincoln only president to receive patent
• No. 6,469, issued in 1849
• “Manner of Buoying Vessels”
• Patent attorney Z.C. Robbins

16. www.mstfirm.com
Lincoln Lessons
Don’t be afraid to fail—it’s the only way
to become successful
Work hard—get the job done
Give speeches—they build your
practice
Discourage litigation—be a peacemaker
Charge reasonable fees—your clients
will respect you

17. www.mstfirm.com
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