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| Book Reviews | Abraham Lincoln, Esq.: residents asked Lincoln to draft notes Law, repeats some of what he wrote in The Legal Career of America’s for them. One of the earliest of these his book, An Honest Calling: The Law Greatest President notes dates from 1832, when Lincoln Practice of Abraham Lincoln. Steiner’s was only 23 years old. It directs a party thesis is that Lincoln’s ethical posi- Edited by Roger Billings and Frank J. holding funds due to the drawer to pay tions were identical to those of other Williams the drawer’s creditor directly. Shortly Whig lawyers in the region. These University Press of Kentucky, Lexington, KY, after Lincoln drew up this note, he Whig lawyers refused to represent 2010. 263 pages, $40.00. became a debtor himself, co-signing only one side or viewpoint, but they a note to purchase a grocery store in stressed the need to represent any New Salem. Lincoln later went into legitimate client, whether plaintiff or default on the note and struggled to defendant. In addition, the outcome of REVIEWED BY HEN R Y S. CO H N pay the creditor in full. Billings builds a dispute was less important to these on Lincoln’s early experiences to show Whig lawyers than the fact that it had From 2007 to 2010, when the bicen- how his practice developed into a spe- been resolved through orderly, peace- tennial celebration of the birth of cialty in collection law. ful means. Lincoln’s first priority was to Abraham Lincoln was at its height, Lincoln’s collection law practice resolve his cases through settlement. several important books and articles was mostly routine, but it did have The essay by eminent Lincoln schol- were published on Lincoln’s career occasional complications. Billings gives ar Harold Holzer looks at Lincoln’s as a lawyer in Springfield, Ill. A as an example Lincoln’s legal action law practice differently from the way major source of information for the against a wealthy man, Blackledge, the book’s other essays do. Rather authors of these works was The Law who had co-signed a note to purchase than concentrate on Lincoln’s mun- Practice of Abraham Lincoln: Complete a mill. Lincoln’s involvement began dane court appearances in Illinois’ Documentary Edition, published on in 1852, when another attorney who Eighth Judicial Circuit, Holzer stress- DVD by the University of Illinois Press did not live in the same county as es Lincoln’s successes, especially in in 2000. This collection of almost Blackledge forwarded the collection his later years at the bar, and sees 100,000 documents took researchers to Lincoln. Lincoln did not live in Lincoln’s work in the Effie Afton case 15 years to assemble by tapping court Blackledge’s county either, and Lincoln as brilliant. Lincoln’s client, the owner archives throughout the United States. and his law partner, William Herndon, of a bridge over the Mississippi River at Abraham Lincoln, Esq. comprises a took several frustrating trips to court St. Louis, was sued for interfering with dozen essays that supplement recent while they were riding the judicial cir- a navigable waterway when a barge studies of Lincoln’s legal career. The cuit. The collection became more dif- exploded on contact with the bridge. essays are divided into three groups: ficult when Blackledge died; Herndon Lincoln spoke in summation for two “Evaluating Lincoln’s Career,” “The removed the case to probate court, and days, with a masterful command of the Illinois Years,” and “The Washington the probate judge disallowed all claims facts. Although there was a hung jury Years.” against Blackledge’s estate. Lincoln (9 to 3 in favor of Lincoln’s client), the The first group includes an essay by appealed, but it took until 1857 for his bridge and rail industry viewed the Brian Dirck, a professor at Anderson client to be paid in full. case as a victory. The case furthered University in Indiana. Dirck summa- In his essay, Christopher Schnell, efforts to make internal improvements rizes his seminal book, Lincoln the who helped to publish the DVD collec- and establish a national transportation Lawyer, and notes that, for most of tion issued by the University of Illinois policy, as championed by Lincoln’s Lincoln’s career, he was a litigator Press, finds that Lincoln had business mentor, Henry Clay. whose major clients were both credi- ties to several residents of Kentucky, Each essayist, regardless of where tors and debtors. Dirck does not rate including Robert Todd, the father of his he stands regarding Lincoln’s legal abil- Lincoln highly as a lawyer, calling him soon-to-be wife Mary. Lincoln repre- ities, points out the important lessons merely a “respectable ‘prairie lawyer.’” sented Todd, who was a defendant in from the law that Lincoln was able to Roger Billings, a professor at a suit on a debt that he had incurred in bring to his political life, including his Northern Kentucky University’s Salmon purchasing land in the Springfield area. presidency. Frank J. Williams, former P. Chase College of Law, explores Lincoln was unsuccessful at trial, as the chief justice of Rhode Island, goes so Lincoln’s very first law-related experi- court agreed with Lincoln’s opponent far as to list many of the attributes of ences in New Salem, Ill., prior to his that the notes tendered by Todd in the “good lawyer” Lincoln and cor- becoming a lawyer in 1836. Billings payment for the debt were drawn on relate them to his political and presi- relates that Lincoln “hung around” the a failed bank and consequently lacked dential actions. These include Lincoln’s justice of the peace in the village of sufficient value. trademark honesty, zealousness, and New Salem, observing his friend, town In his contribution to Abraham humility. John A. Lupton, an editor of justice Bowling Green, and learning Lincoln, Esq. Mark E. Steiner, a pro- the University of Illinois Press DVD about bills and notes. New Salem fessor at the South Texas College of collection, begins his essay by relating 48 | The Federal Lawyer | July 2011 a joke played by fellow bar members addition to the literature on Lincoln as a voracious reader with a keen mind on a lawyer who had terrible penman- as a lawyer, and its bibliographical is well-deserved. Rizer also finds that ship and writing ability. Then Lupton references will be valuable for future the future President’s gaunt and lanky notes, in contrast, that Lincoln’s “clear study. TFL appearance defined him as much as his and bold handwriting” in legal docu- abiding can-do attitude did. Rizer also ments, as well as his drafting abilities, Henry S. Cohn is a judge of the Con- discusses Lincoln’s miserable failure as supported his writing “some of the necticut Superior Court. He reviewed a general store owner as well as his most perceptive and thought-provok- the books by Brian Dirck and Mark E. ringing success in defending the rail- ing words in our nation’s history” as Steiner mentioned in this review, in road companies in the face of serious President. The Federal Lawyer (Nov./Dec. 2008 legal challenges from the waterway The final two essays review and Feb. 2009, respectively). shipping industry. One lesson of note Lincoln’s proficiency in handling for the contemporary reader comes legal issues as President. In one of from Lincoln’s ascendancy to a seat them, William D. Pederson, director Lincoln’s Counsel: Lessons From in the Illinois General Assembly after of the International Lincoln Center at America’s Most Persuasive having previously lost the election for Louisiana State University, discusses Speaker that seat. The eventual success came, Lincoln’s struggles to resolve inter- Rizer advises, because Lincoln drew on By Arthur L. Rizer III national crises that arose during the his charm and likability. “The lesson Civil War. Lincoln chose to declare American Bar Association, Chicago, IL, 2011. here is simple and powerful: being a a full blockade of Southern ports 264 pages, $34.95. potent public speaker and persuader rather than merely to order their clo- does not mean much if people don’t sure. The blockade allowed for the like you.” seizure of neutral ships (mostly from REVIEWED BY Ara M A. GA VOO R Rizer next delves in earnest into England) outside the international Lincoln’s political career. One can see three-mile limit. He also approved Historians and legal scholars alike how the early life lessons that Lincoln the detaining on the high seas of have looked at the oral advocacy of learned helped to account for his suc- a British ship, the Trent, and the Abraham Lincoln in wonder. How did cess later in life, and it is easy to cheer- removal of two Confederate officers he achieve and sustain such effec- lead for the future President. Rizer from the ship. When this action— tiveness throughout his public life? furnishes memorable advice based on known as the “Trent Affair”—became Arthur Rizer explores this question in Lincoln’s actions: “never jump into a a source of tension with Great Britain, Lincoln’s Counsel, an easily digestible, boat with an issue you know to be Lincoln resolved the matter, accord- step-by-step analysis of Lincoln’s rhe- a loser unless there are principled ing to Pederson, by using the Whig torical skill. In a book that is part biog- reasons for doing so,” and “a good lawyers’ technique of compromise raphy and part guide to trial advocacy, persuasive speaker must look several and released the Confederates from Rizer examines the central role that moves ahead.” detention by Union forces.

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