Moore v. Deal’s Empirical Analysis

Citation profile

64 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ [O] rdinarily a client is not charged with the inexcusable neglect of his attorney, provided the client himself has exercised proper care. (Citations omitted.) ‘We have consistently held that where the negligence is that of the attorney, and not of the client against whom a judgment by default is rendered, relief will be afforded the latter.’ (Citations omitted.) ‘In considering the propriety of the order entered on the hearing of defendant’s motion, we must remember that the excusability of the neglect on which relief is granted is that of the litigant, not that of the attorney. The neglect of the attorney, although inexcusable, may still be cause for relief.’ (Citations omitted.) The standard of care required of the litigant is that which a man of ordinary prudence usually bestows on his impor-ant business. (Citations omitted.) The attorney employed, ‘must be one licensed to practice in this State, and his negligence on which the prayer for relief is predicated must have been some failure in the performance of professional duties which occurred prior to and was the cause of the judgment sought to be vacated.’ (Citations omitted.) A further requirement seems to be that the lawyer employed must be reputable, skilled and competent, and that the client must impart to him facts constituting his defense. (Citations omitted.) However, the mere employment of counsel is not enough. (Citation omitted.) The client may not abandon his case on employment of counsel, and when he has a ”

   1 later decision quote this exact passage
   e.g. 30 N.C. App. 420 - Norton v. Sawyer

2. “The standard of care required of the litigant is that which a man of ordinary prudence usually bestows on his important business. The attorney employed, ‘must be one licensed to practice in this State, and his negligence on which the prayer for relief is predicated must have been some failure in the performance of professional duties which occurred prior to and was the cause of the judgment sought to be vacated.’”

   1 later decision quote this exact passage
   e.g. Briley v. Farabow

3. “[O]rdinarily a client is not charged with the inexcusable neglect of his attorney, provided the client himself has exercised proper care.... The standard of care required of the litigant is that which a man of ordinary prudence usually bestows on his important business.”

   1 later decision quote this exact passage
   e.g. 57 N.C. App. 628 - North Carolina National Bank v. Virginia Carolina Builders, Inc.