It has been frequently said that General McClellan refused to pay
Lincoln a fee charged for trying a case for the Illinois Central
Railroad, but it is not true. At the time referred to (1855) Captain
McClellan was in the regular army and a military attaché in Europe
during the Crimean War. It was, however, the only time that Lincoln sued
for a fee, and the circumstances were as follows. By its charter the
Illinois Central Railroad was exempt from taxation on condition that it
pay into the State treasury seven per cent. of its gross earnings. The
officials of McLean County contended that the Legislature of the State
had no authority to exempt or remit county taxes, and brought a suit
against the road to compel payment. Lincoln defended the company, won
the case, and presented a bill for two thousand dollars. An official
of the railroad, whose name has been forgotten, declined payment on
the ground that it was as much as a first-class lawyer would charge.
Lincoln was so indignant that he withdrew the original bill of charges,
consulted professional friends, and later submitted another for five
thousand dollars with a memorandum attached, signed by six of the most
prominent lawyers in the State, giving as their opinion that the fee was
not unreasonable. As the company still refused to pay, Lincoln sued and
recovered the full amount.
Lincoln's theory regarding fees for professional services is expressed
in the notes of the law lecture previously referred to, and was as
follows:
"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 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."
Public-domain text, read in full here on John Shaqi.
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