July 2016 Issue Hon. Michael L. Stern Los Angeles Superior Court What if Abraham Lincoln had lived to practice law again? A look at what history suggests Lincoln’s life might have been like had he survived the presidency History is full of speculative “what- that had encompassed nearly a quarter future and the lines on his face deep - ifs” that send our imaginations wonder - century at the bar. ened. Even while Lincoln directed the ing: “What if” Abraham Lincoln had not As Lincoln said his farewells and read - war effort, personal tragedy struck home been assassinated by John Wilkes Booth? ied to board a train to Washington to lead with the passing of his son Willie in “What if” Lincoln had finished his sec - the country, his law partner William the White House in 1862. 2 During the ond presidential term and honored his Herndon turned to him and inquired about following year Lincoln issued the pledge to return to practice law with his the future of the law practice that the two Emancipation Proclamation as the tide of partner in Springfield, Illinois? Let us had maintained in a cramped office on the battle began to turn in the Union’s favor. 3 suspend the reality of history and explore courthouse square in Springfield. Lincoln With his re-election to another four-year these questions. requested that Herndon allow the practice’s term in November 1864, Lincoln began signboard to continue during his presiden - to envision a united country with the Abraham Lincoln makes a promise cy: “Let it stand there undisturbed. Give our rebellious states reintegrated into the In February 1861, the town of clients to understand that the election of a republic. 4 Springfield turned out in jubilation to president does not change the firm of In his second presidential inaugural honor President-elect Abraham Lincoln Lincoln and Herndon. If I live, I’m coming address on March 4, 1865, a fatigued and wish him well as he began his jour - back sometime, and we’ll go right on prac - Lincoln delivered a hopeful message ney to the nation’s capital to take the ticing as if nothing ever happened.” 1 about mending the divided nation and oath of office as the 16th President of the moving it toward reconciliation: “With United States. Lincoln had weathered a A war-weary nation prepares to recover malice toward none, with charity for all, divisive election centered on the issue of The Civil War that followed after with firmness in the right as God gives us slavery and the country was on the brink Lincoln assumed the presidency took a to see the right, let us strive on to finish of fracturing. In addressing the assem - heavy toll on both the nation and its the work we are in, to bind up the bled well-wishers, Lincoln must have felt leader. As the horrific struggle between nation’s wounds, to care for him who some melancholy knowing that he was the North and South raged for four long shall have borne the battle and for his closing the chapter of his life as a lawyer years, Lincoln’s cares for the country’s See Stern, Next Page By Hon. Michael L. Stern — continued from Previous Page July 2016 Issue widow and his orphan, to all do which railroad was completed. 8 This was a high - had a quick wit, endearing social skills, may achieve and cherish a just and last ly anticipated event in which Lincoln was and a razor-like analytical and practical peace among ourselves and with all greatly involved that was expected to mind that made him a first-rate trial nations.” 5 occur at about the time he that would lawyer, especially in front of a jury. The Some say that assassin John Wilkes have completed a second term in 1869. 9 sixteen-year relationship between the Booth was in the crowd on the Capitol Lincoln’s ambition of travel to partners was defined by mutual respect, steps to hear Lincoln’s sanguine words. California was never fulfilled. But even if but Herndon was more of a backroom Hardly more than a month later, on he had had the opportunity to enjoy lawyer who possessed ordinary legal tal - Good Friday, April 14, 1865, Booth fired himself with some travel after leaving the ent. He tolerated some of Lincoln’s pecu - the bullet that ended Lincoln’s life and White House, Lincoln still would have liar habits, such as sometimes dressing changed the course of American history. 6 been confronted with the necessity of less than fastidiously. 13 But the more earning a living. A return to the practice straight-laced Herndon allowed Lincoln’s We are left to speculate of law was an obvious means for Lincoln frequent absences for politicking, partic - One can only speculate how different to sustain himself financially. ularly during Lincoln’s two-year term in the post-Civil War reconstruction of the Lincoln would have had good rea - Congress from 1847 to 1849. 14 country might have been under a presi - sons to want to regain financial stability When Lincoln was not out on the dent who was determined to use the after living in the White House. He was horse-and-buggy “mud” circuit traveling weight of his office to ensure that the not a wealthy man when he entered his from one rural county courthouse to “house divided” was restored fairly and first term of office in 1861. Although his another in central Illinois or litigating in equitably. Lincoln’s belief that the break - law practice had been good to Lincoln Chicago, he would arrive at the office away states and their citizens should be and allowed him to gain middle-class daily at around nine o’clock and assume treated with civility surely would have respectability, his worth was not more his customary place lounging on a com - been tested by those salivating with victo - than about $15,000 when he became fortable couch reading a newspaper or ry and vengeance against the former president. 10 Despite Lincoln’s simple chatting with virtually any visitor who Confederacy. 7 But Lincoln’s conception wants, maintaining the White House had might wander into the office. 15 Total how to bring the former warring sides been expensive. Nearly everyone knew chaos could reign on the occasions when together harmoniously was not to be. the reputation of his wife Mary Lincoln Lincoln brought his young sons into the Even if Booth’s cowardly plot had as a compulsive buyer and hoarder with office for a visit. They would race around been thwarted and President Lincoln had extravagant and expensive tastes. 11 It playing and getting into all sorts of trou - lived out the four years of a second term would have been natural for Lincoln to ble, which annoyed and tried the to try to heal the nation’s wounds, a new follow a path back to the practice of law patience of the more orderly Herndon. 16 president would have been inaugurated to keep her satisfied. While Herndon was tending to the on March 4, 1869. An exhausted more conventional aspects of a law prac - Abraham Lincoln then would be You can’t go home again tice, Lincoln was constantly improving deciding how to spend the next Although the signboard for the his trial skills and broadening his legal chapter in his life beyond his two Lincoln & Herndon law firm may have and political contacts. 17 By the 1850s, the difficult terms as president. remained hanging for the duration of times were passing when Lincoln and Lincoln’s term of presidential office, Herndon represented farmers and locals A trip to California it seems unlikely that the old partnership for nominal fees of $5 to $20 out of their Abraham Lincoln had travel on his would have resumed as it had been. Springfield office or on the courthouse mind as something he might like to do The Lincoln & Herndon partnership circuit. 18 Lincoln’s preeminence as an after finishing his presidency. Just hours had endured successfully since 1844. effective trial attorney grew larger and before he departed the While House for Lincoln had been the driving force of the larger in the decade after he returned the evening of entertainment at Ford’s relationship during those practice years. from Congress in 1849 to pursue the Theater from which he never returned, His respected legal skills brought in practice of law and his political ambitions Lincoln met with Speaker of the House much of the business, and he handled in earnest. 19 As Lincoln’s reputation Schuyler Colfax and invited him to the main litigation and trial work. While developed, so did the magnitude of the accompany the Lincolns for a night out. the two partners always evenly split the cases on which he was retained and Colfax declined the invitation and told attorneys’ fees that were earned, the amounts of legal fees that followed. 20 Lincoln that he was about to depart for younger Herndon often labored as the No matter how sincere Lincoln California. Lincoln reaffirmed something drudge who handled the day-to-day might have been about resuming the to Colfax that he had said several weeks details and was less than a true equal. 12 practice of law with his old law partner before regarding his intention to visit The two probably had less in com - after his presidency, it is difficult to see California once the transcontinental mon than some law partners. Lincoln See Stern, Next Page By Hon.