I missed Lincoln’s Birthday yesterday.

But I love this quote, so I’ll post it today:

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

The Collected Works of Abraham Lincoln edited by Roy P. Basler, Volume II, “Notes for a Law Lecture” (July 1, 1850?), p. 81.

It is interesting to see a glimpse into the legal mindset of 150 years ago. Apparently, lawyers in Lincoln’s time were just as fond of taking every matter to court, and there were voices in the wilderness crying “Settle it…….settle it……”

As a litigator, I recognize that sometimes parties must fight for their rights. Sometimes litigation is the last best option. But there are also times when communication, cooperation, and compromise are best employed to resolve a dispute, and the parties need an experienced mediator who understands litigation, can analyze the risks, can help break communication barriers, and can recommend creative solutions.

Are We a Society of Procrastinators?

Abraham Lincoln once wrote “Leave nothing for tomorrow which can be done today.” But it seems like most of the people with whom I deal follow Mark Twain’s aphorism,”Never put off until tomorrow what you can do the day after tomorrow.”  This applies to both professional and pro se alike.

Despite the fact that the mediation coordinators of the various court-referred programs send out the Order scheduling mediation with a minimum of three weeks notice, I don’t know how many phone calls I get from parties seeking to reschedule or cancel court-referred cases the day/night before the mediation.    That is, if I get a call at all.

The only explanation I can think of is…………………

Eh, I’ll finish this later.