Be a Lincoln Lawyer
'He demonstrated that effective advocacy comes from not only knowing the law but also understanding how to communicate persuasively and authentically'
Jim Vickaryous
I drive a Lincoln and have a Bar card, so naturally, I enjoyed watching Matthew McConaughey in the movie The Lincoln Lawyer, based on Michael Connelly’s book. It goes without saying that a Bar card in your Lincoln’s glove box does not make you a Lincoln lawyer. The real Lincoln lawyer, Abraham Lincoln, was built of much hardier stuff. In 1856 Lincoln came to a politically unpopular conclusion with his peers: slavery was evil and its geographic expansion should be stopped. Being a trial lawyer, he was a pragmatist. He joined a new party created by abolitionists, even though he was not, reasoning that, “…the man who is of neither party is not — cannot be — of any consequence.” He lost a number of elections. Perhaps Lincoln thought that despite the obstacles, he could win on an unpopular platform because it is a universal truth that all men are created equal. We all know the results of his simple but profound choice: he won an election, won a war, freed the enslaved, and took a bullet in the head for his reward.
Abraham Lincoln is often remembered as one of America’s greatest presidents. But before he led our nation, he was a gifted lawyer. His legal career embodies qualities that remain the bedrock to the practice of law today. Being a Lincoln lawyer means embracing honesty, humility, resilience, hard work, and a deep commitment to justice — while maintaining a hardy sense of humor and a gregarious common touch. His example offers timeless lessons for lawyers seeking inspiration and success.
Lincoln experienced the common lawyerly frustration of clients disregarding legal advice. Advice not taken leads to some entertaining stories. Lincoln represented elderly Melissa Goings, accused of bashing her husband’s head with a piece of firewood, killing him. The local townsfolk were sympathetic to Mrs. Goings’ plea of self-defense, as her husband Roswell Goings had a reputation for heavy drinking and a heavy hand. As trial was convened, Lincoln asked the judge for a private conference with Mrs. Goings. At some point during the attorney-client conference, Mrs. Goings disappeared. She was never heard of again. When accused of aiding and abetting his client’s escape, Lincoln smiled and said to the bailiff, “Oh no, Bob. I did not run her off. She wanted to know where she could get a good drink of water, and I told her there was mighty good water in Tennessee.” Lincoln’s cheeky humor shapes our impression of him. You can’t help but laugh, despite the serious nature of Mrs. Goings’ actions. It is somewhat comforting to us modern practitioners that some clients didn’t listen to such a spectacular lawyer.
Lincoln’s humility was one of his most endearing traits. Today, we think of him as a great lawyer, a titan of the courtroom. Lincoln did not agree with our picture of him. In notes his law partner found after his assassination, Lincoln was brutally honest about his impression of himself: “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 other calling, is diligence. Leave nothing for to-morrow which can be done to-day.” Like us today, Lincoln worried about unfinished work and clients. Humility and diligence go hand in hand. He understood the self-deprecating power of past failures to make people smile and listen.
A lawyer’s stock-in-trade is being able to write on the fly. Time is precious, and a lawyer does not have the luxury of crafting a novelist’s perfect prose. Lincoln’s best speech was drafted on the go in a train to a Pennsylvania battlefield. It was 275 words — only 10 sentences long. Those who listened to Lincoln give the speech the morning of November 19, 1863, were so profoundly affected they barely clapped. The silence was perhaps a befitting honor to the 7,000 soldiers who died there. “Four score and seven years ago our fathers brought forth, on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.” It had a poetic brevity. Lincoln ended with a call to action and a prayer worthy of the ages: “…that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.” Lincoln’s poetic speech foreshadowed his embrace of abolition. We can all learn from the structure and simplicity of Lincoln’s Gettysburg Address.
Hard work was the cornerstone of Lincoln’s career. After all, he was known as the “Rail Splitter.” He approached every case with diligence and dedication, regardless of its size or importance. His work ethic was matched by his resilience. Lincoln faced numerous personal and professional setbacks, including losing more elections than he won, yet he never allowed failure to define him. He kept trying, learning from each defeat, and applying those lessons to future endeavors. In law, perseverance is paramount. Success often comes not from avoiding failure but from the determination to rise after each setback.
We complain as lawyers today that the public has a bad impression of us. Many a campaign has been launched to improve lawyers’ public persona. As Solomon said, there is nothing new under the sun. Lincoln constantly worried about the reputation of attorneys. He wrote, “[t]here 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.” I agree with Honest Abe’s point. Considering what our clients trust us with, they must not have such a negative view of lawyers. I also agree with Lincoln’s strong advice to lawyers: “Every man can make himself.” It is reassuring advice, reminding us that each day we can create a better version of ourselves.
Lincoln’s legal career also highlights the importance of mental health and strong relationships. Like many lawyers today, he struggled with depression. However, he built and maintained friendships that provided support and care during difficult times. His story reminds us that seeking help and fostering meaningful connections are not signs of weakness but vital components of personal and professional well-being. A strong support network can provide the encouragement needed to navigate the stresses of legal practice. Through his own discipline and the love of friends, he conquered the darkness within him.
As a trial attorney, Lincoln was exceptional. He didn’t just prepare cases; he actively tried them in court, honing his skills through experience. His courtroom presence was marked by clarity, confidence, and a genuine connection with juries. He demonstrated that effective advocacy comes from not only knowing the law but also understanding how to communicate persuasively and authentically. A well-placed joke can be the tipping point of winning an argument. Practicing law is not just about legal theory, it’s about engaging with people and presenting arguments that resonate.
Importantly, Lincoln did not allow politics to interfere with his representation of clients. His ability to separate personal beliefs from professional responsibilities is a lesson in ethical integrity. In today’s polarized environment, maintaining this balance is more critical than ever. Lawyers must advocate for their clients with fairness and objectivity, regardless of personal views or external pressures. You don’t have to agree with your clients’ political views to be a superb counselor to them.
Being a Lincoln lawyer is a way of life — honest, humble, easy going, patriotic, humorous, courageous, compassionate, resolute, and confident. Lincoln’s legacy offers a powerful blueprint for practicing law with honor and purpose. We all might not drive a Lincoln, but we can all practice law with Lincoln’s honesty, humility, and perseverance. Let’s all resolve to be Lincoln lawyers.
Jim Vickaryous is the managing partner of the Vickaryous Law Firm in Lake Mary and represents the 18th Circuit on The Florida Bar Board of Governors.
