Abraham Lincoln—super Lawyer

• Jurisdiction: United States,Federal
• Citation: Vol. 19 No. 1
• Publication year: 2019
• Author: By Tim Warriner
• topic: Business of Law,Civil Procedure

ABRAHAM LINCOLN—SUPER LAWYER

By Tim Warriner

The popular image of Abraham Lincoln is that of the determined leader during the Civil War. Before being elected president, however, Abraham Lincoln was a successful lawyer in Springfield, Illinois. This article describes Lincoln's law practice.

Legal Training

There were no formal law schools during the time that Lincoln trained to become a lawyer. Instead, he "read" the law—literally reading, and studying several basic texts. The primary text at the time was Blackstone's Commentaries on the Laws of England. While most aspiring lawyers "read" the law under the tutelage of a licensed attorney, Lincoln studied on his own. He took an oath, before the Illinois Supreme Court, to support the constitution as an "attorney and counselor at law" in 1837.

Nature of Legal Practice

Abe practiced law with a partner. His partners were John T. Stuart, Stephen T. Logan, and William Herndon. His office was always located in Springfield. Lincoln and his partners handled over 5,000 cases. Many cases were handled as Lincoln travelled on the 8th Judicial Circuit of Illinois, also known as the "mud circuit" for the poor quality of the roads.

Lincoln was not a specialist. He handled a variety of civil matters, and represented railroads. This income allowed him to take on other, less lucrative matters, including many criminal cases. Lincoln's fees typically ranged from $5 to $20. Lincoln was known for his ability to simplify the issues in a case and his skill at persuading juries.

Legal Ethics

In Lincoln's time, there was no formal code of ethics for attorneys...