26 Kan. App. 2d 151 - Gansert v. Corder’s Empirical Analysis

Citation profile

4 district · 2 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ “to avoid unnecessarily disrupting the attorney-client relationship. Adoption of this rule was a direct reaction to the absurd requirement of the occurrence rule which requires the client to sue his attorney even though the relationship continues and diere has not been and may never be any damage. The rule, limited to the context of continuous representation, is consistent with the purpose of die statute of limitations which is to prevent stale claims and enable the defendant to preserve evidence. Where the attorney continues to represent the client in the subject matter in which the error has occurred, all such objectives are achieved and preserved. The attorney-client relationship is maintained and speculative malpractice litigation is avoided.” ’ ” Morrison v. Watkins, 20 Kan. App. 2d 411, 417 , 889 P.2d 140 , rev. denied 257 Kan. 1092 (1995).”

   1 later decision quote this exact passage
   e.g. 47 Kan. App. 2d 619 - Dunn v. Dunn

2. “(1) The occurrence rule-the statute begins to run at the occurrence of the lawyer’s negligent act or omission. (2) The damage rule-the client does not accrue a cause of action for malpractice until he suffers appreciable harm or actual damage as a consequence of his lawyer’s conduct. (3) The discovery rule-the statute does not begin to run until the client discovers, or reasonably should have discovered, the material facts essential to his cause of action against the attorney. (4) The continuous representation rule-the client’s cause of action does not occur until the attorney-client relationship is terminated.”

   1 later decision quote this exact passage
   e.g. Watson v. Parker (In Re Parker)