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 a lawyer, as for the man of every other calling, is diligence. Leave nothing for tomorrow which can be done today. 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 lawsuit, 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. The 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 practiced 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 speechmaking. If any one, upon his rare power 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 deed 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 the 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 wen 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, most 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 judgement 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.
-Abraham Lincoln
Written about July 1, 1850
I got this paper in Law Society today...and while reading it...
I thought to myself. "This totally can apply to more then just lawyers."
And I thought that Good old Abe gave some good advice.
"Leave nothing for tomorrow which can be done today."
When I read this...yah...I think procrastinate. Don't procrastinate things. For me its homework...for others...well it would be other things. :) Basically I think this statement means. Accomplish something today that could have been done tomorrow or the day after tomorrow, that way you don't have to do it tomorrow and you'll have more time for relaxation and freedom from stress.
Never let your correspondence fall behind.
For this one...I basically just thought "Keep in contact with those you value. Let others know that you're still thinking of them, or that you thought of them that day and that you consider them important enough that you like to contact them.
Whatever piece of business you have in hand, before stopping, do all the labor pertaining to it which can then be done.
This is another procrastination statement....or a 'be diligent' statement. For this I think of the. "Do it until it gets done, then take a break." type of statement. I think far too often we start things....but then we don't see them to the end...at least not in a timely manner. Projects that only take 15 minutes to complete end up take 2 hours because of stop and go tactics.
When you bring a common lawsuit, 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.
These two points I basically just thought of the "Do it now instead of later" ideal. And when you do declare something...make sure you have all the facts straight. Don't make things up to make yourself seem good. Because when you're called to account for that fact...its easier to remember the truth instead of lies.
people are slow to bring him business if he cannot make a speech.
You have to be convincing in what you say. You need to be confident. And believe in yourself that you can do what you set out to do.
And yet there is not a more fatal error to young lawyers than relying too much on speechmaking.
But you can't rely too much on yourself and your abilities. you need to be humble enough to accept help and advice from others on how you can improve things.
If any one, upon his rare power of speaking, shall claim an exemption from the drudgery of the law, his case is a failure in advance.
Beware. If you set yourself up as higher then everyone else, step on their toes and lord your powers over everyone....when you're in need there will be no one there to help you because you didn't help them. didn't participate in the 'chores of the day'
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 deed in search of defects in titles,
Don't make trouble for trouble's sake. Don't do something that hurts others just so that you can get more money in your pocket. You might think you're making yourself happy...but you're not....
A moral tone ought to be infused into the profession which should drive such men out of it.
I like this statement alot. For me it basically means...don't be greedy. Do things to better the people, the city, society and not expect to get gain out of it. Nothing should be done for money or status. But to make the world a happier and better place.
An exorbitant fee should never be claimed.
Be content with what you have, don't try to over reach, gain more profits, etc....its not worth it.....you just end up loosing more business the higher you hike prices.
As a general rule, never take your whole fee in advance
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 the 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.
I thought about myself as a younger kid, upon reading this statement...and how it still applies. It was the "If I get this now I promise to do this later" ideal that most kids probably use at some point to get something they really want now, in exchange for some chore....only the chore usually ends up not getting done...or at least not fully completed. What is the point of working for a reward....when you already received the reward? You then lack the interest to do the chore to get the reward...so the chore ends up getting done by the person who gave you the reward in the first place.
But...if we get small rewards for doing a task, or incentives like "I'll get you an icecream cone if you take out the garbage" make it so that you feel like you're working for a reward, but you end up getting the chore done too. :)
Resolve to be honest at all events; and if in your own judgement 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.
I thought this last bit...was very....I don't know potent? I know alot of people where they don't really know where they are going in life, or they feel like they need to change their life path, but they don't know what to change it too. And I think that this...."Resolve to be honest at all events." Is a good piece of advice to hold in your heart and mind as you search for what to do with your life. I think its good to have a set of guidelines and rules that help you to remain yourself, where you don't have to compromise and tear yourself up. if you have to compromise...then that career choice probably isn't the best. Even if it does get you the fancy house, car, and the money....is it what's important? Or are other things important like family time?
Its all about choosing something you like to do and that you feel like you can be yourself all the time, not just some of the time.
And those...are my thoughts upon reading that paper. :)
I hope that it helped in some way :)
Until you next see these words;
I'll be watching the leaves.
Enjoy the day!
-Sarnic Dirchi
The Dream
It was like I repeated yesterday over again.
I remember dancing around with a guy as if I were in my dance class....
And I remember getting up and writing down my two dreams I had so that I could finally remember them!
...Yah I was rather disappointed when I woke up and realized...I hadn't written anything down and the dream had faded again >.<
-S.N.D.
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