[lbo-talk] The Party of Lincoln

J Cullen jcullen at austin.rr.com
Sat Sep 4 08:02:06 PDT 2004


Lincoln was a general practitioner but was much sought-after in his circuit. He handled an average of more than 200 cases each year, for 25 years and his workload was not only heavy but also diverse. "Most of his cases involved civil matters, tried in common law or chancery courts (the distinction was largely procedural), but he also appeared as counsel in numerous criminal and bankruptcy cases. He represented plaintiffs more often than defendants, but only by a ratio of about three to two. The great majority of his cases were tried at the state circuit court level, but he also had hundreds of federal cases (even omitting those for which no records have survived), and appeared hundreds of times before the Illinois Supreme Court." His clients included freed slaves as well as corporations. See a review of "The Law Practice of Abraham Lincoln: Complete Documentary Edition," at http://www.papersofabrahamlincoln.org/DEReview.htm


>--- R <rhisiart at charter.net> wrote:
>
>> people forget lincoln was a trial lawyer.
>
>Yes, he was. But as we see in this case, a corporate defender, not a
>"class action" king.
>
>http://www.lib.niu.edu/ipo/ihy980236.html
>
>In the case above, Lincoln was, pursuant to the conservative/GOP
>ideal, a "good guy" trial lawyer, because he defeated the "bad guy"
>plaintiff attorney and client who filed suit. Note that the article
>even goes to suggest that some felt the accident was done on purpose
>in an attempt to abuse the court system and defeat the railroad. We
>see generally conservative critics of trial law and proponents of
>tort reform usually use cases such as these as example of why tort
>reform is needed. Lincoln would be, in this case, their hero.
>
> - Deborah
>



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