Speaking of his pre-political vocation as a small-town lawyer, Abraham
Lincoln felt compelled to offer the follow-
ing advice to aspiring attorneys:
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 superior
opportunity of being a good [person].
There will still be business enough.
According to published statistics by the
U.S. Courts, there were 284,604 civil cases
filed in federal District Courts in 2013.1
This number represents a 25 percent in-
crease from the same time period in 1990.
Also, according to the Federal Mediation
and Conciliation Services (the FMCS), a
typical civil dispute takes approximately 18
to 36 months of litigation to work its way
through the court system.
WILLIAM R. KNOWLTON is a senior attorney at Invictus Law and serves as corporate counsel to a multinational advertising and real estate conglomerate. His practice includes regulatory compliance, corporate
and employment law, dispute resolution, and real estate. He is licensed to practice in Arizona and Utah.
RUSSELL H. FRANDSEN is an associate attorney at Invictus Law and is a member of the firm’s civil
litigation and real estate foreclosure practice groups. His practice areas also include corporate governance
and commercial real estate law. He is admitted to practice in Utah.
BY WILLIAM R. KNOWLTON & RUSSELL H. FRANDSEN
Understanding and Drafting Clauses