Crisman v. Determan Chiropractic, Inc.’s Empirical Analysis

Citation profile

44 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “fair negotiation” argument, but specifically instructs that we may not consider the argument because it was not raised before the trial court. More specifically, Vanderwerff recognized in dictum that an agreement concerning attorney’s fees should be "fairly negotiated.” However, the Court concluded that we should not address such issues for the first time on appeal. The Court further concluded that that argument was waived because the trial court made no findings regarding negotiation of attorney's fees. The same is true here. Pesicka did not appear or respond to the motion for attorney’s fees. Pesicka specifically failed to object or propose findings of fact and conclusions of law on the issue of fair negotiation. Consequently, the trial court entered no findings of fact or conclusions of law on the issue. The only trial court language that related to that issue was a comment in the memorandum decision that "[tjhere was no testimony that there was any discussion or negotiation of the attorney's fee clause,” and it was "unlikely” that it was fairly negotiated. However, the trial court never ruled on this issue. Ultimately, it resolved the matter of attorney's fees solely on the basis of the "evidence of debt”

   1 later decision quote this exact passage · from the majority
   e.g. Credit Collection Services, Inc. v. Pesicka

2. “First, the court must determine what constitutes a reasonable attorney’s fee. This requires consideration of (1) the amount and value of the property involved, (2) the intricacy and importance of the litigation, (3) the labor and time involved, (4) the skill required to draw the pleadings and try the case, (5) the discovery utilized, (6) whether there were complicated legal problems, (7) the time required for, the trial, and (8) whether briefs were required. Second, it must determine the necessity for such fee. That is, what portion of that fee, if any, should be allowed as costs to be paid by the opposing party. This requires consideration of the parties’ relative worth, income, liquidity, and whether either party unreasonably increased the time spent on the case.”

   1 later decision quote this exact passage · from the majority
   e.g. Streier v. Pike

3. “(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re South Dakota Microsoft Antitrust Litigation