Beyond The Model Rules - Thomas M. Cooley Law School

2009] BEYOND THE MODEL RULES 629[you should] never take your whole fee in advance, nor any more than asmall retainer.” 208 Understanding the nature of men, Lincoln lectured thatwhen fully paid beforehand, you are more than a commonmortal if you can feel the same interest in the case, as ifsomething was still in prospect for you, as well as for yourclient. And when you lack interest in the case, the job willvery likely lack skill and diligence in the performance. 209This is an honest examination of the motivations behind lawyering inhis era, and these forces are still at play in today’s community. Withrespect to fees, Lincoln proved himself to be astutely prescient, rational,and practical; he maintained this mindset while practicing law in a harsh,competitive environment, void of any regulations to guide his hand.3. Lesson Learned: Differentiating Between Reasonable andFair FeesAs was the case with the Diligence and Competence Rules, Lincoln’sactions and motivations with respect to fees embodied the type ofintrospective, ethical thought process necessary to fill the aspirational voidat the root of today’s ethical crisis. Nearly two centuries before the FeesRule’s inception, Lincoln’s actions in relation to his fees traced andexceeded its standards. He made sure that his clients’ fees were fair, notmerely reasonable under the circumstances—even if his clients couldafford larger fees. Fairness was always paramount for Lincoln. Such ashining example is found in one of Lincoln’s cases from 1856. 210 Afterpracticing law for nearly twenty years, and only four years beforebecoming President of the U.S., he was being heralded as an attorney “atthe head of his profession” in Illinois. 211 Lincoln was called upon to drafta lease for a client in Quincy, Illinois. 212 Following the conclusion of thismatter, the client, satisfied with Lincoln’s work on the lease, sent Lincoln acheck for $25.00 (PV $4,339.18). 213 Lincoln kept $15.00 (PV $2,603.51)208. THE LIVING LINCOLN, supra note 176, at 143.209. Id. at 143-44.210. DONALD, supra note 118, at 148.211. Id. at 151 (quoting an Illinois journalist, who continued that “though he mayhave his equal, it would be no easy task to find his superior”).212. Id. at 148.213. Id.