Whetstone v. Travis’s Empirical Analysis

Citation profile

6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The statute in question provides for a reasonable fee for the attorney against the parties to said action and that the amount of such fee shall not necessarily be limited to the amount of compromise or settlement between the parties litigant. We think this provision of the statute in question, in providing that the fee be reasonable and not limited to' the amount of the compromise or settlement, in effect, provides for a fee on a quantum meruit basis. In determining what would be a reasonable fee we take into considera tion the amount of time and labor involved, the skill and ability of the attorneys, and the nature and extent of the litigation. “In 5 Am.Jur., p. 380, the text-writer lays down the following guide: ‘Among other things to be considered are the importance and results of the case, the difficulties thereof, the degree of professional skill and ability required and exercised, the skill, experience, and professional standing of the attorney * * *. The value of the services of an attorney is necessarily to be determined by many considerations besides the mere time visibly employed in the conduct of a suit, although in the absence of other evidence, the court must be guided in estimating the value of attorney’s services by the time or amount of labor performed as indicated by the record. Where the fee is to be contingent upon success, the magnitude of the result achieved or the doubtfulness of the ease when instituted should be considered in estimating the value of t”

   1 later decision quote this exact passage
   e.g. Monsanto Chemical Co. v. Grandbush

2. ““As we said in Shackelford v. Arkansas Baptist College, 181 Ark. 363 , 26 S.W.2d 124 , 125: ‘Neither the trial court, nor this court on appeal, is bound by the testimony of appellant and his expert witnesses in determining the value of his services.’ And, as the court said in Lilly v. Robinson Mercantile Company, 106 Ark. 571 , 153 S.W. 820 , 821: ‘It may be conceded that the opinion of the attorney familiar with the subject was entitled to great weight, but it was not to be blindly received, but was to be intelligently examined by the court trying the case in the light of his own general knowledge of the subject of inquiry, and should control only as it was found to be reasonable; otherwise, the opinion of the witness would be substituted for the judgment of the court.’ ””

   1 later decision quote this exact passage
   e.g. Monsanto Chemical Co. v. Grandbush

3. ““ ‘Although this testimony (as to a reasonable fee) was not directly contradicted by appellants, the trial court, and this court on appeal, are not required to lay aside their general knowledge and ideas of values of such services, and are not entirely controlled by testimony of this nature ... In determining what would be a reasonable fee we take into consideration the amount of time and labor involved, the skill and ability of the attorneys, and the nature and extent of the litigation. ’ ’ ’”

   1 later decision quote this exact passage
   e.g. Jones v. Barnett