Sprader v. Mueller’s Empirical Analysis

Citation profile

6 district · 20 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is axiomatic that an attorney enjoys broad authority in dealing with the proce dural aspects of his client’s cause. In modern practice pretrial discovery has resulted in the routine exchange of information on a voluntary basis to obviate the expense of taking formal depositions. We believe that within limits which do not offend our sense of professional propriety (however elusive this definition of the rule may prove to be), an attorney has the right to use privileged matter for legitimate bargaining purposes. In so doing, he may waive the privilege without committing any breach of his ethical obligation to respect his client’s confidences.” (Italics supplied.)”

   1 later decision quote this exact passage
   e.g. Wenner v. Gulf Oil Corp.

2. ““Since the attorney has implied authority from the client (§ 1063 supra) to make admissions and otherwise to act in all that concerns the management of the cause, all disclosures (oral or written) voluntarily made to the opposing party or to third persons in the course of negotiations for settlement, or in the course of taking adverse steps in litigation (e. g., in serving notices), are receivable as being made under an implied waiver of privilege, giving authority to disclose the confidences when necessary in the opinion of the attorney. This is so unless it appears that the attorney has acted in bad faith toward the client.” (Italics supplied in part.)”

   1 later decision quote this exact passage
   e.g. Wenner v. Gulf Oil Corp.