When you read the advice of Abraham Lincoln about being a lawyer, you realize that the role of lawyers in Lincoln’s view was more expanded than someone you hire to file a suit, conduct litigation and (rarely) try the case. Lincoln saw lawyers’ roles as more that of trusted legal counselors that provide wise counsel for their clients. That advice often included talking clients out of filing a lawsuit. Good legal counsel also included knowing a client and his business well enough to determine the best course of action.

“Discourage litigation,” Lincoln wrote. “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.” Words that ring so true today in our over litigious society.

I could give you many examples of how litigating did not serve clients well, in which the time and money and effort spent on litigating far outweighed the value of the case. In one case, a party spent over $5,000 to litigate a $5 dispute. (It ended up settling when the court didn’t have sufficient staff to handle a jury when the trial date rolled around.) BTW, the settlement consisted of a written apology and another non-cash related condition, something that could have been worked out months before.

Read original article


Tags: