Showing posts with label reading. Show all posts
Showing posts with label reading. Show all posts

Saturday, 9 December 2017

Abraham Lincoln’s advice to lawyers


Abraham Lincoln, who famously served as America’s sixteenth President during the Civil War, was for most of his life prior to the presidency a lawyer. He was moderately successful, but certainly would not have been one of the “celebrity” lawyers of today. His average fee was between $5 and $20. The highest fee he ever charged was $5,000, which, though substantial for the time, was not common for him. But his success was notable enough to induce various people to ask him for his advice on not only becoming a lawyer, but the practice of law. His answers epitomize the typically homespun, and common sense way in which Lincoln famously expressed himself, even as President.  Baked into his answers was a healthy dose of life wisdom which anyone intent on a successful career could benefit from.

Lincoln’s summary of the “best practices” to which lawyers should adhere for their realistic appraisal of human nature, and the art of virtue. They are reproduced here:

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 the lawyer, as for the man, of every calling, is diligence. Leave nothing for to-morrow, 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. 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. This course has a triple advantage; it avoids omissions and neglect, save 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 speech-making. If anyone, upon his rare powers of speaking, shall claim 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, and expenses, and waste of time. As a peace-maker 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 deeds, 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 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 to be 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 when 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—almost universal. Let no young man, choosing the law for a calling, for a moment yield to this popular belief. Resolve to be honest at all events; and if, in your own judgment, 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. 
****
If you are resolutely determined to make a lawyer of yourself, the thing is more than half done already. It is but a small matter whether you read with anybody or not. I did not read with anyone. Get the books, and read and study them till you understand them in their principal features; and that is the main thing…The books, and your capacity for understanding them, are just the same in all places…Always bear in mind that your own resolution to succeed, is more important than any other one thing.

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.

Yours of the 24th, asking “the best mode of obtaining a thorough knowledge of the law” is received. The mode is very simple, though laborious, and tedious. It is only to get the books, and read, and study them carefully. Begin with Blackstone’s Commentaries, and after reading it carefully through, say twice, take up Chitty’s Pleading, Greenleaf’s Evidence, and Story’s Equity etc. in succession. Work, work, work, is the main thing.

In law it is good policy to never plead what you need not, lest you oblige yourself to prove what you can not. Reflect on this well before you proceed.

As to fees, it is impossible to establish a rule that will apply in all, or even a great many cases. We believe we are never accused of being very unreasonable in this particular, and we would always be easily satisfied, provided we could see the money—but whatever fees we earn at a distance, if not paid before, we have noticed we never hear of after the work is done. We therefore, are growing a little sensitive on that point.

Monday, 24 July 2017

Good manners and invisible gains

  • Good manners can never be out of fashion. The rules and norms relating to manners and etiquette are time tested and are universal in nature. 
  • All societies encourage inculcation and adoption of good manners and behaviour. So, good manners are there to stay. 
  • We hear from generation to generation that there has been a consistent and continuous decline in the general standard of human behaviour. 
  • No child today considers it to be an indication of ill mannerism when he or she, while talking to parents are simultaneously responding to text messages to not one but multiple people in multiple group chats! 
  • In twenties, you could score points with elders by showing up and speaking respectfully.
  • It is inappropriate behaviour if one would not listen, with total abandon to all other things except focusing on what was being said alongside perfect eye contact.
  • The alternation to good manners has been possibly the consequence of the rapid pace of technological progress, the cell phone, the message texting and the ever growing social media, a reason for the decline. 
  • For misbehaving by children and the loss of good behaviour to progress - technology is the reason which encapsulates that each one of us under the garb of the misleading concept of ‘multitasking’ pays no attention and heed to basic norms of courtesies. 
  • If discourteous behaviour is the standard of the society why would the corporates experience a different behavioural standard both in lingua and action?
  • The changing lifestyles ought naught to make us lower our standards of good behaviour. Good behaviour triumphs over all obstacles, impediments and challenges in life.
  • If the new tech savvy generation believes that the decline in behaviour is synonymous with enlightenment; this view and path is perilous.
  • Never talk of others what you could not talk to them. 
  • Never spoke ill of a person not present.
  • Real politeness is invisible.
  • One way to be polite is by not touching people unless they invite it. 
  • Politeness buys you time.
  • Each person is an emissary and an ambassador to his family. He represents his parentage.
  • The absence of pride and arrogance will dictate a person’s manners.
  • The ill-mannered will spare no sarcasm to inflict wounds with long term damaging ramifications upon others. In fact, over time ill mannerism becomes part and parcel of a person’s life if it remains unchecked.
  • Not having an opinion means not having an obligation. And not being obligated is one of the sweetest of life's riches.
  • Good manners are planted in childhood years, but they gather strength and are cultivated over time.
  • People deserve more attention than a gadget. Wherever possible turn off your mobile phone in social situations.
  • Those who read voraciously, history, literature, poetry, and read a load of them, always tend to carry a very high standard of good behaviour. They can never be rude or discourteous. 
  • Display of manners will always be spontaneous and never pre-meditated. 
  • Good behaviour is by far more superior to good physical look and appearance.
  • Good manners come around more by upbringing and not merely by principles.
  • In discussing work-related issues, a clear distinction must remain that it is not a declamation contest. The purpose that it is not to win an argument but it is to solve a situation. 
  • Never resort to using expletives in conversations. 
  • Any act that causes anxiety is reflection of ill-mannered behaviour and any act that soothes your inner person is reflective of good manners and good upbringing. 
  • Courtesy is the inseparable companion of virtue. 
  • No one should forget that civility costs nothing. 
  • Be mindful that courteous manners have to be matched by great talent. 
  • Nobility and humility are not distant cousins but Siamese twins.
  • Good behaviour is never alone; the practitioner will have many neighbours; only if one is careful to do on the hill as you would do in the hall. 
  • Practice and not merely possess virtue of good manners. 
  • Investment in developing good manners will never give negative yields.
  • Manners that reflect personal integrity, lofty idealism, faith in the corporate values and objectives always command unqualified respect. 
  • Good upbringing allows handling praise with grace. 
  • Those possessed with good manners are fearless, morally, socially and intellectually. They are neat and tidy. No confusion in their work or in their mind.

When his secretary arrived late to a meeting, and blamed his watch for his tardiness, 
George Washington replied, Then you must get another watch, or I another secretary.”  
For Washington, being on time was a way of showing respect to others, 
and he expected to be treated with the same level of respect in return.


My View:
A person with good manners generally thinks, talks and does the same the things and hence no wastage resources. He is predictable with no hypocrisy and others find easy to deal with him. Therefore he attracts people to collaborate or work with while ill mannered people sees people drift away from them. Good mannerisms costs nothing but invisible gains are many.