2012 Pa. Super. 254 - Huber v. Etkin’s Empirical Analysis

Citation profile

15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Both Lamparski and Beasley focus on the value of contingency fees at a particular date: date of death and date of separation/trial, respectively. Their holdings that contingency fees are too speculative as of the date of valuation make sense when the court must determine value on a specific date and when the contingency fees in question are still unresolved. However, neither case speaks to the dissolution of a partner ship, which, under the UPA, is not bound to a specific date in the determination of value. The UPA specifically contemplates a winding up period during which the contingency fees can be resolved and become susceptible to valuation. Instantly, the contingency fees were resolved by the time of trial and thus could be valued. Therefore, Lam-parski and Beasley do not apply to the current situation^]”

   1 later decision quote this exact passage
   e.g. 2013 Pa. Super. 268 - Ignelzi v. Ogg, Cordes, Murphy & Ignelzi, LLP

2. “the clients chose to work with an attorney who owed a continuing duty to his former partner. The client's choice did not alter that duty. The client originally signed a contingent fee agreement, agreeing that the client would receive a certain share of any award and that the attorney would receive the other. Generally, a fee agreement does not then proceed to detail how the attorney shares that fee within his or her firm; a client does not consider such information when choosing representation. The client was still getting what he or she bargained for: to wit, the chosen attorney and the same percentage of anything recovered in the litigation.”

   1 later decision quote this exact passage
   e.g. Horner v. Bagnell

3. “The contingency fees cases that were brought into E & H during the partnership were obtained with partnership resources. Therefore, they were partnership assets. It does not matter whether the contingency fees were realized at the time of dissolution, because the partnership business had yet to wind up. During that winding up, the partners continued to owe one another a fiduciary duty.”

   1 later decision quote this exact passage
   e.g. 2013 Pa. Super. 268 - Ignelzi v. Ogg, Cordes, Murphy & Ignelzi, LLP