Dwyer v. Anderson’s Empirical Analysis
1933
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently March 1981
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Condit v. Blackwell · Raimondi v. Bianchi · 110 N.J. Eq. 639 - Proff v. Shirvanian · Perkins v. Deal Beach Realty Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * Both courts and lawyers should welcome any inquiry into the fairness of transactions between attorney and client, and courts should never hesitate to condemn where the conduct of the attorney has been unconscionable. In no other way can the high reputation of the legal profession, of which its members are justly proud, be maintained. Raimondi v. Bianchi, 100 N.J. Eq. 238 . The confidence which the relation begets between attorney and client, and the influence which the attorney thereby acquires, has always led to a very close scrutiny of all transactions between them. The burden always rests upon the lawyer to establish perfect fairness, adequacy and equity of negotiations with his client, and, in the absence of such proof, courts of equity treat the case as one of constructive fraud. Condit v. Blackwell, 22 N.J. Eq. 481 .”
1 later decision quote this exact passage“A court of equity intervenes upon consideration of public policy, to prevent fraud and abuse of confidence and influence, and to compel fidelity in the performance of fiduciary duty. Relief will be afforded in equity in all transactions in which influence has been acquired and abused, in which confidence has been reposed and betrayed. Proff v. Shirvanian, 110 N.J. Eq. 639 .”
1 later decision quote this exact passage“In transactions such as these, the court leans most strongly against the attorney, who, while acting as such, has business relations with his client on his own account. Perkins v. Deal Beach Realty Co., 92 N.J. Eq. 526 .”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.