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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.
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