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What Every Lawyer Can Learn From Abraham Lincoln

Nick Pappas

Frost Brown Todd (Indianapolis, IN)


317.237.3888 | npappas@fbtlaw.com
http://www.frostbrowntodd.com/professionals-415.html

Lessons from Lincoln What Every Practicing Lawyer


Can Learn from Abraham Lincoln
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. - Abraham Lincoln, Notes for a Law
Lecture (July 1, 1850), in The Collected Works of
Abraham Lincoln 81 (Roy P. Basler., ed., 1953).
Abraham Lincolns experience practicing law had little
in common with the experience of most of us. Lincoln
did not go to law school. He began reading the law
when he was twenty-five. Lincoln was entirely selftaught. Rather than apprentice for a lawyer, as was
common in those days, Lincoln borrowed law books
from John T. Stuart (who eventually was Lincolns first
law partner) and Henry E. Dummer. Mark E. Steiner,
An Honest Calling: The Law Practice of Abraham
Lincoln 31 (2009). Like many DRI members, Lincoln
was a trial lawyer. Lincoln was well respected by his
colleagues and was a mentor to young lawyers. As
one colleague noted, No young lawyer ever practiced
in the courts with Mr. Lincoln who did not in all his
after life have a regard for him akin to personal
affection. Doris K. Goodwin, Team of Rivals: The
Political Genius of Abraham Lincoln 299 (2005).
When Lincoln practiced law in Springfield, Illinois, he
rode the legal circuit, traveling from county to county
with opposing counsel and the judge. The lawyers
and judge stayed at the same boarding houses. The
lawyers generally slept two to a bed. After court, it was
common for the lawyers, judge, jurors and interested
parties to eat dinner together at the local tavern. Many
Lincoln biographers pay little attention to Lincolns
law career, but Lincoln developed many traits and
skills during his law career that helped him secure the
nomination for president, and then lead the country
during the Civil War.

While most of us attended law school and few of us


have ridden the legal circuit, there are many things
we can take from Abraham Lincolns writings and
experience about the practice of law. This paper will
explore the lessons we can learn from Lincoln his
advice about reading the law, his sense of humor,
and his writing and argument style that are relevant
to all practicing lawyers.
Lincolns Advice to Lawyers: Read
Several of Lincolns letters to young lawyers asking
for advice or apprenticeships survive. Lincolns advice
was consistent: the best way to learn the law is to read
the law.
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. - Abraham
Lincoln, Letter to William H. Grigsby (August
3, 1858), in The Collected Works of Abraham
Lincoln, 535 (Roy P. Basler., ed., 1953).
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. - Abraham Lincoln,
Letter to Isham Reavis (November 5, 1855), in
The Collected Works of Abraham Lincoln, 328
(Roy P. Basler., ed., 1953).
Lincoln was a voracious reader. In his early years,
even while working the land, he always carried a book.
He would read when his horse rested at the end of
a long row of planting. - Doris K. Goodwin, Team of
Rivals: The Political Genius of Abraham Lincoln 119

(2005).
The story of Lincoln borrowing a neighbors book is
well known. Lincoln would read the book by candle
light in the loft of his log home. He stored the book
between two logs in the wall, so he could retrieve
it in the morning. On one occasion, the book he
stored between the logs was badly damaged during
a hard rain. Lincoln returned the book to the owner
and explained what happened. The owner calculated
the value at two full days work pulling corn. Even
though Lincoln considered the reimbursement unfair,
he worked the two days until there was not a corn
blade left on a stalk. - Doris K. Goodwin, Team of
Rivals: The Political Genius of Abraham Lincoln 120
(2005).
As practicing lawyers, we all know the importance
of reading the law. Yet sometimes the demands
of the modern practice of law billing pressures,
administrative
responsibilities,
client
reporting
requirements can make it difficult to keep up
with advance sheets, articles, and even legal blogs.
Lincolns 19th century advice is still on point today
lawyers must continue to read the law.
Use Simple Metaphors and Arguments
Whether he was debating the slavery issue or
presenting his clients case to an Illinois jury, Lincoln
knew the importance of presenting clear, simple
arguments. Lincoln once told his partner William
Herndon, Billy, dont shoot too high aim lower and
the common people will understand you. - Mark
E. Steiner, An Honest Calling: The Law Practice of
Abraham Lincoln, 9 (2009)(citing The Hidden Lincoln:
From the Letters and Papers of William H. Herndon
427-428 (Emanuel Hertz ed., 1940); William H.
Herndon, Herndons Lincoln 270-71, 263 (2009)).
Lincoln also used metaphors that made sense to
common people. Shortly before he was nominated
for President by the Republican Party, Lincoln gave
a series of speeches in the eastern United States.
Lincoln used the following metaphor to illustrate his
distinction between accepting slavery where it already
existed, while preventing its spread:
If I saw a venomous snake crawling in the
road, any man would say I might seize the
nearest stick and kill it; but if I found that
snake in bed with my children, that would be
another question. I might hurt the children
more than the snake, and it might bite
them . But if there was a bed newly made

up, to which the children were to be taken,


and it was proposed to take a batch of young
snakes and put them there with them, I take it
no man would say there was any question
how I ought to decide!... The new Territories
are the newly made bed to which our children
are to go, and it lies with the nation to say
whether they shall have snakes mixed up
with them or not. - Doris K. Goodwin, Team
of Rivals: The Political Genius of Abraham
Lincoln 450 (2005).
Lincolns rival for the nomination, William Seward,
warned that to allow the introduction of slavery into
Kansas would be to introduce the Trojan Horse into
the new territory. While Sewards metaphor was likely
understood by some classically trained Senators, it
did not resonate as well with the common man. Id.
Lincolns Example: Say More With Less
Lincoln biographer David Donald observed that as
Lincoln became more experienced [in his legal
career], he pared legalisms and redundancies, and
his declarations became models of simplicity and
clarity. - David Herbert Donald, Lincoln 16, 620, 148,
72 (1995). Lincoln once stated: In my present position
it is hardly proper for me to make speeches. Every
word is so closely noted that it will not do to make
trivial ones. - Abraham Lincoln, Speech at Frederick,
Maryland (October 4, 1862), in The Collected Works
of Abraham Lincoln, (Roy Basler., ed., 1953).
Perhaps no speech demonstrates the effectiveness
of brevity more than the Gettysburg Address. Lincoln
was invited to speak at the November 19, 1863,
dedication of the Soldiers National Cemetery in
Gettysburg, Pennsylvania. The key note speaker
that day was Edward Everett, who delivered a two
hour oration before Lincoln. Lincoln delivered one of
the most famous speeches in the history of the country,
yet Lincolns Gettysburg address was only 271 words
and probably took around two minutes to deliver. But
with these few words, over a few minutes, Lincoln
summarized the purpose of the war and the sacrifice
of those who fought.
While there is some dispute about the exact working
of the speech, the following is the only version signed
by Lincoln:
Four score and seven years ago our fathers
brought forth on this continent a new nation,
conceived in liberty, and dedicated to the

proposition that all men are created equal.


Now we are engaged in a great civil war,
testing whether that nation, or any nation,
so conceived and so dedicated, can long
endure. We are met on a great battle-field of
that war. We have come to dedicate a portion
of that field, as a final resting place for those
who here gave their lives that that nation
might live. It is altogether fitting and proper that
we should do this.
But, in a larger sense, we can not dedicate,
we can not consecrate, we can not hallow this
ground. The brave men, living and dead, who
struggled here, have consecrated it, far above
our poor power to add or detract. The world
will little note, nor long remember what we say
here, but it can never forget what they did here.
It is for us the living, rather, to be dedicated
here to the unfinished work which they who
fought here have thus far so nobly advanced.
It is rather for us to be here dedicated to the
great task remaining before usthat from
these honored dead we take increased
devotion to that cause for which they gave the
last full measure of devotion that we here
highly resolve that these dead shall not have
died in vainthat this nation, under God,
shall have a new birth of freedomand
that government of the people, by the people,
for the people, shall not perish from the earth.
- Boritt, Gabor. The Gettysburg Gospel: The
Lincoln Speech That Nobody Knows, Appendix
B p. 290 (2008).
Lincolns eloquence and his ability to communicate are
also apparent in his correspondence. In December
1862, the same year Lincoln lost his son Willie, and
as war casualties were beginning to mount, Lincoln
wrote a moving, insightful sympathy letter to Fanny
McCullough. Fannys father, William, a friend of
Lincolns from Bloomington, Illinois, was killed in a
night charge near Coffeeville, Mississippi.
Dear Fanny,
It is with deep grief that I learn of the death
of your kind and brave Father; and, especially,
that it is affecting your young heart beyond
what is common in such cases. In this sad
world of ours, sorrow comes to all; and, to
the young, it comes with bitterest agony,

because it takes them unawares. The older


have learned to ever expect it. I am anxious to
afford some alleviation of your present distress.
Perfect relief is not possible, except with time.
You can not now realize that you will ever feel
better. Is not this so? And yet it is a mistake.
You are sure to be happy again. To know this,
which is certainly true, will make you some less
miserable now. I have had experience enough
to know what I say; and you need only to
believe it, to feel better at once. The memory of
your dear Father, instead of an agony, will yet
be a sad sweet feeling in your heart, of a purer,
and holier sort than you have known before.
Please present my kind regards to your afflicted
mother. Your sincere friend
A. LINCOLN.
- Abraham Lincoln, Letter to Fanny McCullough
(December 23, 1862), in The Collected Works of
Abraham Lincoln, 17 (Roy P. Basler., ed., 2001).
Lincoln also knew how to make a point to a jury without
wasting time or words. In 1847 Lincoln represented a
man who sold a pair of oxen and a prairie plow to two
minors, who failed to pay their debt. Lincoln sued the
minors on the note, and they claimed that because
of their age they did not have capacity to contract
pursuant to the Minor Act. George Miner, who was a
witness, described Lincolns defense:
Just then Mr. Lincoln slowly rose to his strange,
half-erect attitude and in clear, quiet accents
began: Gentlemen of the jury, are you willing
to allow these boys to begin life with this shame
and disgrace attached to their character? If
you are, I am not. Then rising to his full
height, and looking upon the defendants with
the compassion of a brother, his long arm
extended toward the opposing counsel, he
continued: Gentlemen of the jury, these poor
innocent boys would never have attempted
this low villainy had it not been for the advice
of these lawyers. Then for a few minutes he
showed how even the noble science of law
may be prostituted. With a scathing rebuke
to those who thus belittle their profession, he
concluded: And now, gentlemen, you have it in
your power to set these boys right before the
world. He pleaded for the young men only; I
think he did not mention his clients name. The
jury, without leaving their seats, decided that

the defendants must pay the debt; and the


latter, after hearing Lincoln, were as willing to
pay it as the jury were determined they should.
I think the entire argument lasted not above
five minutes. - Lincolns Own Stories (Anthony
Gross, ed. 1912).
The lessons from Lincolns writings, speeches and
arguments still ring true today. We are most persuasive
when we are concise, use simple easy to understand
metaphors, and avoid formalistic legalese. Lincoln
developed and refined these traits during his twentyfive years practicing law, and he used them effectively
as president during the most trying time in our countrys
history.
Do Not Procrastinate
The leading rule for the lawyer, as for the man
of every other calling, is diligence. Leave nothing
for tomorrow 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. - Abraham
Lincoln, Notes for a Law Lecture (July 1, 1850), in
The Collected Works of Abraham Lincoln, 81 (Roy P.
Basler., ed., 2001).
Lincolns time management advice is as relevant
today as it was 165 years ago. Lincoln did not have
to deal with the instant communication that modern
technology demands, but even in the mid-nineteenth
century Lincoln knew the importance of timely
responding to correspondence, and not putting off
until tomorrow what can be done today.
Lincoln Knew How to Effectively Use Humor
Lincoln used humor to make a political point, sway
opinion, and sustain morale during the war. New York
Tribune correspondent Henry Villard observed that
Lincoln had a remarkable ability to tell a humorous
story or deliver an appropriate anecdote to explain
a meaning or enforce a point, the aptness of which
was always perfect. - Doris K. Goodwin, Team of
Rivals: The Political Genius of Abraham Lincoln 536
(2005). Lincoln had a kind word, an encouraging
smile, a humorous remark for nearly everyone that
seeks his presence. Id. at 537.

Lincolns h u m o r was often self-deprecating. During


the Lincoln-Douglas debates, when
Douglas
accused Lincoln of being two-faced, Lincoln replied,
referring to his homeliness, Honestly, if I were twofaced, would I be showing you
this one? Robert Mankoff,
Lincolns Smile,
http://
www.newyorker.com/online/blogs/cartoonists/2012/11/
lincolns- smile.html#ixzz2J775WKy3 (2012). During
an 1848 speech before Congress, Lincoln gave the
following description of his service in the Black Hawk
War:
By the way Mr. Speaker, did you know that I am
a military hero? Yes sir, in the days of the Black
Hawk War I fought, bled and came away . . .
I was not at Stillmans defeat, but I was about
as near it as Cass was Hulls surrender, and,
like him, I saw the place very soon afterwards
. . . If he saw any live, fighting Indians, it was
more than I did; but I had a good many bloody
struggles with the mosquitoes, and although I
never fainted from the loss of blood, I can truly
say I was often very hungry. - Abraham Lincoln,
Speech in the US House of Representatives
on the Presidential Question (July 27, 1848),
in The Collected Works of Abraham Lincoln,
510 (Roy P. Basler., ed., 2001).
Appropriate use of humor can be just as effective
today as it was for Lincoln in the nineteenth century.
The adversarial system often makes humor difficult.
Our cases often involve contentious discovery,
substantial financial exposure to our clients, and
great human suffering. Appropriate use of humor can
ingratiate us to jurors, diffuse tense situations, and
illustrate or drive home a point to a judge or jury.
Lincoln the Local Counsel
Lincoln was retained as local counsel in Chicago to
defend the John Manny Company, a manufacturer
of reaping machines, against a patent infringement
charge brought by the powerful Cyrus McCormick,
the original inventor of the reaper. This case became
known as The Reaper Suit. Unbeknownst to Lincoln,
after he was retained the case was transferred from
Chicago to Cincinnati. The change of venue allowed
lead counsel to team up with Edwin Stanton. Lincoln
continued preparing the case. He even spent a half
day at a product inspection examining and studying
Mannys Machine. - Doris K. Goodwin, Team of Rivals:
The Political Genius of Abraham Lincoln 342 (2005).
Though Lincoln never heard from lead counsel after
he was retained, he worked the case up and traveled

to Cincinnati for the trial. Stanton humiliated Lincoln


at trial he called him that damned long-armed ape.
Stanton refused to seat Lincoln at counsels table.
Lincoln stayed and observed the entire trial. Despite
the public humiliation he received from Stanton,
Lincoln later included Stanton in his cabinet and put
him in charge of the War Department.
There are many lessons to learn from this experience.
Lincolns humility served him well. Instead of arguing
with Stanton and leaving the trial, he stayed, observed
and learned. Instead of holding a grudge against
Stanton (who reportedly was under a lot of stress
during this landmark trial), Lincoln recognized
Stantons strengths and later put him in a position to
use his strengths to benefit the country.
We should all study, imitate and learn from Abraham
Lincoln. Brevity, clarity, simple metaphors, and humor
are as effective today as they were for Lincoln over a
century and a half ago. We should read the law,
not procrastinate, and not hold grudges against other
lawyers who treat us badly. If we follow Lincolns
example, we will be more effective, productive (and
happy) lawyers.
Lincoln Attractions in Washington, DC
There are many attractions featuring Abraham
Lincoln in Washington, DC, including the following:
The Emancipation Memorial http://www.dcmemorials.

com/index_indiv0000222.htm
Statue of Lincoln at the Washington National Cathedral
http://www.nationalcathedral.org/
The National Museum of Health and Medicine currently
has an exhibit on the death of Lincoln, including the
bullet the killed him http://www.medicalmuseum.mil/
index.cfm?p=exhibits.lincoln.index
There is an exhibit on The Emancipation Proclamation at
the American History Museum (Lincolns top hat is part
of the exhibition) http://www.si.edu/Exhibitions/Details/
Changing-America-The-Emancipation-Proclamation1863-and-the-March-on-Washington-1963-4889
There is an art exhibition called Americas Presidents,
at the Smithsonian Portrait Gallery http://www.si.edu/
Exhibitions/Details/Americas-Presidents-262
Lincoln-related stamp collections at the Postal Museum
http://www.si.edu/Exhibitions/Details/HonoringLincoln- Abraham-Lincoln-Certified-Plate-Proofs-682
Fords Theatre http://www.fordstheatre.org/
In addition, if you ever near Central Illinois, I strongly
encourage you to visit the Abraham Lincoln Presidential
Library and Museum http://www.alplm.org/ and
Lincolns tomb http://www.illinoishistory.gov/hs/lincoln_
tomb.htm in Springfield, Illinois.

About Nicholas Pappas

Member | Frost Brown Todd | Indianapolis, IN


317.237.3888 | npappas@fbtlaw.com
http://www.frostbrowntodd.com/professionals-415.html
Nick is chair of Frost Brown Todds product liability litigation practice group. He is a trial lawyer who concentrates
his practice in personal injury and commercial litigation. Nick serves as national lead trial counsel for a major
construction and agricultural equipment manufacturer. He represents clients in lawsuits in state and federal
courts throughout the United States. Nick is a frequent contributor of articles and speaks on issues relating to
expert witness discovery.
Experience
Defends manufacturers of agricultural and construction equipment, automobiles, medium and heavy
trucks, hand and power tools, and consumer and childrens products. Also represents corporations in
commercial disputes.
Lead trial counsel in defense of a major construction equipment manufacturer in products liability
jury trial in Alabama state court that resulted in a defense verdict. Defended General Motors at the
trial court and Court of Appeal in Barnard v. Saturn, wherein the Indiana Court of Appeals affirmed
summary judgment for GM, and for the first time recognized the application of comparative fault in
products liability enhanced injury case
Highlights and Recognitions
DRI 2012 Product Liability Seminar Chair
Chambers USA, 2013
Defense Lawyer of the Year, Defense Trial Counsel of Indiana, 2010
Selected for inclusion in Indiana Super Lawyers 2011-2013
AV Rated, Martindale-Hubbell
The Best Lawyers in America, 2010-2013
Practice Areas
Business Litigation
Fire and Explosion Litigation
Litigation
Product Liability Litigation
Trucking and Commercial Transportation
Education
Indiana University School of Law, J.D., 1991, cum laude
University of Notre Dame, B.A., 1988

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