Kirkpatrick v. Patterson’s Empirical Analysis

Citation profile

7 state decisions

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “should consider all the elements which have a bearing on attorney fees to be allowed in a given case including but not necessarily limited to the time spent, the nature and extent of the services, the amount involved, the difficulty of handling and importance of the issues, the responsibility assumed and the results obtained, as well as the professional standing and experience of the attorney. Under some circumstances a one-third contingent fee might be reasonable, but it should be based on the facts and circumstances of the particular case rather than the contract between the employee and his counsel.”

   1 later decision quote this exact passage
   e.g. Farris v. General Growth Development Corp.

2. “Employer’s insurance carrier argues no fee should be allowed as it intervened and employed counsel of its own and at no time did employee’s counsel represent its interest. ... The insurance carrier cannot escape the statutory duty to pay plaintiffs attorney such fees as may reasonably be allowed by the trial court by employing counsel of its own and intervening, but the services tendered by insurer’s counsel in settlement or prosecution of the lawsuit may have a bearing on attorney fees allowed plaintiffs counsel.”

   1 later decision quote this exact passage
   e.g. Ahlers v. EMCASCO Insurance Co.