What Every Lawyer Can Learn From Abraham Lincoln
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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 While most of us attended law school and few of us
Can Learn from Abraham Lincoln have ridden the legal circuit, there are many things
we can take from Abraham Lincoln’s writings and
“I am not an accomplished lawyer. I find quite as much experience about the practice of law. This paper will
material for a lecture in those points wherein I have explore the lessons we can learn from Lincoln – his
failed, as in those wherein I have been moderately advice about “reading the law,” his sense of humor,
successful.” - Abraham Lincoln, Notes for a Law and his writing and argument style – that are relevant
Lecture (July 1, 1850), in The Collected Works of to all practicing lawyers.
Abraham Lincoln 81 (Roy P. Basler., ed., 1953).
Lincoln’s Advice to Lawyers: Read
Abraham Lincoln’s experience practicing law had little Several of Lincoln’s letters to young lawyers asking
in common with the experience of most of us. Lincoln for advice or apprenticeships survive. Lincoln’s advice
did not go to law school. He began “reading the law” was consistent: the best way to learn the law is to read
when he was twenty-five. Lincoln was entirely self- the law.
taught. Rather than apprentice for a lawyer, as was
common in those days, Lincoln borrowed law books If you wish to be a lawyer, attach no consequence
from John T. Stuart (who eventually was Lincoln’s first to the place you are in, or the person you are
law partner) and Henry E. Dummer. Mark E. Steiner, with; but get books, sit down anywhere, and go
An Honest Calling: The Law Practice of Abraham to reading for yourself. That will make a lawyer
Lincoln 31 (2009). Like many DRI members, Lincoln of you quicker than any other way. - Abraham
was a trial lawyer. Lincoln was well respected by his Lincoln, Letter to William H. Grigsby (August
colleagues and was a mentor to young lawyers. As 3, 1858), in The Collected Works of Abraham
one colleague noted, “No young lawyer ever practiced Lincoln, 535 (Roy P. Basler., ed., 1953).
in the courts with Mr. Lincoln who did not in all his
after life have a regard for him akin to personal Get the books, and read and study them
affection.” Doris K. Goodwin, Team of Rivals: The till, you understand them in their principal
Political Genius of Abraham Lincoln 299 (2005). features; and that is the main thing. It is of no
consequence to be in a large town while you
When Lincoln practiced law in Springfield, Illinois, he are reading. I read at New-Salem, which never
rode the “legal circuit,” traveling from county to county had three hundred people living in it. The books,
with opposing counsel and the judge. The lawyers and your capacity for understanding them, are
and judge stayed at the same boarding houses. The just the same in all places. - Abraham Lincoln,
lawyers generally slept two to a bed. After court, it was Letter to Isham Reavis (November 5, 1855), in
common for the lawyers, judge, jurors and interested The Collected Works of Abraham Lincoln, 328
parties to eat dinner together at the local tavern. Many (Roy P. Basler., ed., 1953).
Lincoln biographers pay little attention to Lincoln’s
law career, but Lincoln developed many traits and Lincoln was a voracious reader. In his early years,
skills during his law career that helped him secure the even while working the land, he always carried a book.
nomination for president, and then lead the country He would read when his horse rested at the end of
during the Civil War. a long row of planting. - Doris K. Goodwin, Team of
Rivals: The Political Genius of Abraham Lincoln 119(2005). up, to which the children were to be taken,
and it was proposed to take a batch of young
The story of Lincoln borrowing a neighbor’s book is snakes and put them there with them, I take it
well known. Lincoln would read the book by candle no man would say there was any question
light in the loft of his log home. He stored the book how I ought to decide!... The new Territories
between two logs in the wall, so he could retrieve are the newly made bed to which our children
it in the morning. On one occasion, the book he are to go, and it lies with the nation to say
stored between the logs was badly damaged during whether they shall have snakes mixed up
a hard rain. Lincoln returned the book to the owner with them or not. - Doris K. Goodwin, Team
and explained what happened. The owner calculated of Rivals: The Political Genius of Abraham
the value at two full days’ work pulling corn. Even Lincoln 450 (2005).
though Lincoln considered the reimbursement unfair,
he worked the two days until “there was not a corn Lincoln’s rival for the nomination, William Seward,
blade left on a stalk.” - Doris K. Goodwin, Team of warned that to allow the introduction of slavery into
Rivals: The Political Genius of Abraham Lincoln 120 Kansas would be to introduce the “Trojan Horse” into
(2005). the new territory. While Seward’s metaphor was likely
understood by some classically trained Senators, it
As practicing lawyers, we all know the importance did not resonate as well with the common man. Id.
of “reading the law.” Yet sometimes the demands
of the modern practice of law – billing pressures, Lincoln’s Example: Say More With Less
administrative responsibilities, client reporting Lincoln biographer David Donald observed that as
requirements – can make it difficult to keep up Lincoln “became more experienced [in his legal
with advance sheets, articles, and even legal blogs. career], he pared legalisms and redundancies, and
Lincoln’s 19th century advice is still on point today – his declarations became models of simplicity and
lawyers must continue to “read the law.” clarity.” - David Herbert Donald, Lincoln 16, 620, 148,
72 (1995). Lincoln once stated: “In my present position
Use Simple Metaphors and Arguments it is hardly proper for me to make speeches. Every
Whether he was debating the slavery issue or word is so closely noted that it will not do to make
presenting his client’s case to an Illinois jury, Lincoln trivial ones.” - Abraham Lincoln, Speech at Frederick,
knew the importance of presenting clear, simple Maryland (October 4, 1862), in The Collected Works
arguments. Lincoln once told his partner William of Abraham Lincoln, (Roy Basler., ed., 1953).
Herndon, “Billy, don’t shoot too high – aim lower and
the common people will understand you.” - Mark Perhaps no speech demonstrates the effectiveness
E. Steiner, An Honest Calling: The Law Practice of of brevity more than the Gettysburg Address. Lincoln
Abraham Lincoln, 9 (2009)(citing The Hidden Lincoln: was invited to speak at the November 19, 1863,
From the Letters and Papers of William H. Herndon dedication of the Soldiers National Cemetery in
427-428 (Emanuel Hertz ed., 1940); William H. Gettysburg, Pennsylvania. The “key note” speaker
Herndon, Herndon’s Lincoln 270-71, 263 (2009)). that day was Edward Everett, who delivered a two
Lincoln also used metaphors that made sense to hour oration before Lincoln. Lincoln delivered one of
common people. Shortly before he was nominated the most famous speeches in the history of the country,
for President by the Republican Party, Lincoln gave yet Lincoln’s Gettysburg address was only 271 words
a series of speeches in the eastern United States. and probably took around two minutes to deliver. But
Lincoln used the following metaphor to illustrate his with these few words, over a few minutes, Lincoln
distinction between accepting slavery where it already summarized the purpose of the war and the sacrifice
existed, while preventing its spread: of those who fought.
If I saw a venomous snake crawling in the While there is some dispute about the exact working
road, any man would say I might seize the of the speech, the following is the only version signed
nearest stick and kill it; but if I found that by Lincoln:
snake in bed with my children, that would be
another question. I might hurt the children Four score and seven years ago our fathers
more than the snake, and it might bite brought forth on this continent a new nation,
them… . But if there was a bed newly made conceived in liberty, and dedicated to theproposition that all men are created equal. because it takes them unawares. The older
have learned to ever expect it. I am anxious to
Now we are engaged in a great civil war, afford some alleviation of your present distress.
testing whether that nation, or any nation, Perfect relief is not possible, except with time.
so conceived and so dedicated, can long You can not now realize that you will ever feel
endure. We are met on a great battle-field of better. Is not this so? And yet it is a mistake.
that war. We have come to dedicate a portion You are sure to be happy again. To know this,
of that field, as a final resting place for those which is certainly true, will make you some less
who here gave their lives that that nation miserable now. I have had experience enough
might live. It is altogether fitting and proper that to know what I say; and you need only to
we should do this. believe it, to feel better at once. The memory of
your dear Father, instead of an agony, will yet
But, in a larger sense, we can not dedicate, be a sad sweet feeling in your heart, of a purer,
we can not consecrate, we can not hallow this and holier sort than you have known before.
ground. The brave men, living and dead, who
struggled here, have consecrated it, far above Please present my kind regards to your afflicted
our poor power to add or detract. The world mother. Your sincere friend
will little note, nor long remember what we say A. LINCOLN.
here, but it can never forget what they did here.
It is for us the living, rather, to be dedicated - Abraham Lincoln, Letter to Fanny McCullough
here to the unfinished work which they who (December 23, 1862), in The Collected Works of
fought here have thus far so nobly advanced. Abraham Lincoln, 17 (Roy P. Basler., ed., 2001).
It is rather for us to be here dedicated to the
great task remaining before us—that from Lincoln also knew how to make a point to a jury without
these honored dead we take increased wasting time or words. In 1847 Lincoln represented a
devotion to that cause for which they gave the man who sold a pair of oxen and a prairie plow to two
last full measure of devotion— that we here minors, who failed to pay their debt. Lincoln sued the
highly resolve that these dead shall not have minors on the note, and they claimed that because
died in vain—that this nation, under God, of their age they did not have capacity to contract
shall have a new birth of freedom—and pursuant to the Minor Act. George Miner, who was a
that government of the people, by the people, witness, described Lincoln’s defense:
for the people, shall not perish from the earth.
- Boritt, Gabor. The Gettysburg Gospel: The Just then Mr. Lincoln slowly rose to his strange,
Lincoln Speech That Nobody Knows, Appendix half-erect attitude and in clear, quiet accents
B p. 290 (2008). began: ‘Gentlemen of the jury, are you willing
to allow these boys to begin life with this shame
Lincoln’s eloquence and his ability to communicate are and disgrace attached to their character? If
also apparent in his correspondence. In December you are, I am not.’ …Then rising to his full
1862, the same year Lincoln lost his son Willie, and height, and looking upon the defendants with
as war casualties were beginning to mount, Lincoln the compassion of a brother, his long arm
wrote a moving, insightful sympathy letter to Fanny extended toward the opposing counsel, he
McCullough. Fanny’s father, William, a friend of continued: ‘Gentlemen of the jury, these poor
Lincoln’s from Bloomington, Illinois, was killed in a innocent boys would never have attempted
night charge near Coffeeville, Mississippi. this low villainy had it not been for the advice
of these lawyers.’ Then for a few minutes he
Dear Fanny, showed how even the noble science of law
may be prostituted. With a scathing rebuke
It is with deep grief that I learn of the death to those who thus belittle their profession, he
of your kind and brave Father; and, especially, concluded: ‘And now, gentlemen, you have it in
that it is affecting your young heart beyond your power to set these boys right before the
what is common in such cases. In this sad world.’ He pleaded for the young men only; I
world of ours, sorrow comes to all; and, to think he did not mention his client’s name. The
the young, it comes with bitterest agony, jury, without leaving their seats, decided thatthe defendants must pay the debt; and the Lincoln’s h u m o r was often self-deprecating. During
latter, after hearing Lincoln, were as willing to the Lincoln-Douglas debates, when Douglas
pay it as the jury were determined they should. accused Lincoln of being two-faced, Lincoln replied,
I think the entire argument lasted not above referring to his homeliness, “Honestly, if I were two-
five minutes. - Lincoln’s Own Stories (Anthony faced, would I be showing you this one?” -
Gross, ed. 1912). Robert Mankoff, Lincoln’s Smile, http://
www.newyorker.com/online/blogs/cartoonists/2012/11/
The lessons from Lincoln’s writings, speeches and lincolns- smile.html#ixzz2J775WKy3 (2012). During
arguments still ring true today. We are most persuasive an 1848 speech before Congress, Lincoln gave the
when we are concise, use simple easy to understand following description of his service in the Black Hawk
metaphors, and avoid formalistic legalese. Lincoln War:
developed and refined these traits during his twenty-
five years practicing law, and he used them effectively By the way Mr. Speaker, did you know that I am
as president during the most trying time in our country’s a military hero? Yes sir, in the days of the Black
history. Hawk War I fought, bled and came away . . .
I was not at Stillman’s defeat, but I was about
Do Not Procrastinate as near it as Cass was Hull’s surrender, and,
The leading rule for the lawyer, as for the man like him, I saw the place very soon afterwards
of every other calling, is diligence. Leave nothing . . . If he saw any live, fighting Indians, it was
for tomorrow which can be done to-day. Never let more than I did; but I had a good many bloody
your correspondence fall behind. Whatever piece of struggles with the mosquitoes, and although I
business you have in hand, before stopping, do never fainted from the loss of blood, I can truly
all the labor pertaining to it which can then be done. say I was often very hungry. - Abraham Lincoln,
When you bring a common-law suit, if you have the Speech in the US House of Representatives
facts for doing so, write the declaration at once. If on the Presidential Question (July 27, 1848),
a law point be involved, examine the books, and note in The Collected Works of Abraham Lincoln,
the authority you rely on upon the declaration itself, 510 (Roy P. Basler., ed., 2001).
where you are sure to find it when wanted. - Abraham
Lincoln, Notes for a Law Lecture (July 1, 1850), in Appropriate use of humor can be just as effective
The Collected Works of Abraham Lincoln, 81 (Roy P. today as it was for Lincoln in the nineteenth century.
Basler., ed., 2001). The adversarial system often makes humor difficult.
Our cases often involve contentious discovery,
Lincoln’s time management advice is as relevant substantial financial exposure to our clients, and
today as it was 165 years ago. Lincoln did not have great human suffering. Appropriate use of humor can
to deal with the instant communication that modern ingratiate us to jurors, diffuse tense situations, and
technology demands, but even in the mid-nineteenth illustrate or drive home a point to a judge or jury.
century Lincoln knew the importance of timely
responding to correspondence, and not putting off Lincoln the Local Counsel
until tomorrow what can be done today. Lincoln was retained as local counsel in Chicago to
defend the John Manny Company, a manufacturer
Lincoln Knew How to Effectively Use Humor of reaping machines, against a patent infringement
Lincoln used humor to make a political point, sway charge brought by the powerful Cyrus McCormick,
opinion, and sustain morale during the war. New York the original inventor of the reaper. This case became
Tribune correspondent Henry Villard observed that known as “The Reaper Suit.” Unbeknownst to Lincoln,
Lincoln had a remarkable ability to “tell a humorous after he was retained the case was transferred from
story or deliver an appropriate anecdote ‘to explain Chicago to Cincinnati. The change of venue allowed
a meaning or enforce a point, the aptness of which lead counsel to team up with Edwin Stanton. Lincoln
was always perfect.’” - Doris K. Goodwin, Team of continued preparing the case. He even spent a half
Rivals: The Political Genius of Abraham Lincoln 536 day at a product inspection “examining and studying
(2005). Lincoln had “a kind word, an encouraging Manny’s Machine.” - Doris K. Goodwin, Team of Rivals:
smile, a humorous remark for nearly everyone that The Political Genius of Abraham Lincoln 342 (2005).
seeks his presence.” Id. at 537. Though Lincoln never heard from lead counsel after
he was retained, he worked the case up and traveledto Cincinnati for the trial. Stanton humiliated Lincoln com/index_indiv0000222.htm
at trial – he called him “that damned long-armed ape.”
Stanton refused to seat Lincoln at counsel’s table. Statue of Lincoln at the Washington National Cathedral
Lincoln stayed and observed the entire trial. Despite http://www.nationalcathedral.org/
the public humiliation he received from Stanton,
Lincoln later included Stanton in his cabinet and put The National Museum of Health and Medicine currently
him in charge of the War Department. has an exhibit on the death of Lincoln, including the
bullet the killed him http://www.medicalmuseum.mil/
There are many lessons to learn from this experience. index.cfm?p=exhibits.lincoln.index
Lincoln’s humility served him well. Instead of arguing
with Stanton and leaving the trial, he stayed, observed There is an exhibit on The Emancipation Proclamation at
and learned. Instead of holding a grudge against the American History Museum (Lincoln’s top hat is part
Stanton (who reportedly was under a lot of stress of the exhibition) http://www.si.edu/Exhibitions/Details/
during this landmark trial), Lincoln recognized Changing-America-The-Emancipation-Proclamation-
Stanton’s strengths and later put him in a position to 1863-and-the-March-on-Washington-1963-4889
use his strengths to benefit the country.
There is an art exhibition called “America’s Presidents,”
We should all study, imitate and learn from Abraham at the Smithsonian Portrait Gallery http://www.si.edu/
Lincoln. Brevity, clarity, simple metaphors, and humor Exhibitions/Details/America’s-Presidents-262
are as effective today as they were for Lincoln over a
century and a half ago. We should “read the law,” Lincoln-related stamp collections at the Postal Museum
not procrastinate, and not hold grudges against other http://www.si.edu/Exhibitions/Details/Honoring-
lawyers who treat us badly. If we follow Lincoln’s Lincoln- Abraham-Lincoln-Certified-Plate-Proofs-682
example, we will be more effective, productive (and
happy) lawyers. Ford’s Theatre http://www.fordstheatre.org/
Lincoln Attractions in Washington, DC In addition, if you ever near Central Illinois, I strongly
There are many attractions featuring Abraham encourage you to visit the Abraham Lincoln Presidential
Lincoln in Washington, DC, including the following: Library and Museum http://www.alplm.org/ and
Lincoln’s tomb http://www.illinoishistory.gov/hs/lincoln_
The Emancipation Memorial http://www.dcmemorials. 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 Todd’s 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 children’s 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., 1988You can also read
