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← 273 Ala. 620 - Cooper v. Mann

Cooper v. Mann’s Empirical Analysis

1962

Citation profile

20
cited by 20 later decisions
3
states following
June 1998
most recently cited

2 federal appellate · 18 state decisions

How this case has been cited

Cited by 20 later decisions — most recently June 1998

2 federal appellate · 18 state decisions

801962197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Ex Parte McDonough · Hays v. McCarty · Owen v. State · Crisp v. First Nat. Bank of Birmingham · Birmingham Railway & Electric Co. v. Wildman

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

  1. ““It is generally held, in absence of statute, that communications between attorney and client [emphasis ours] are privileged and neither attorney nor client can be compelled to testify as to the contents of such communications [emphasis ours]. Birmingham Railway & Electric Co. v. Wildman, 119 Ala. 547 , 24 So. 548 ; 58 Am.Jur., Witnesses, Sec. 460. “The term ‘communication’ imports not only words uttered, but information conveyed by any other means. Therefore, sight is just as privileged as hearing, and privilege applies to all knowledge acquired in either instance, where acquisition is due to the attorney-client relation. 58 Am.Jur., Witnesses, Sec. 486. Acts as well as words fall within the privileged. Ex parte McDonough, 170 Cal. 230 , 149 P. 566 , L.R.A.1916C, 593. “Our statute fully recognizes the foregoing principles.” 143 So.2d 638 , 639.”
    2 later decisions quote this exact passage
  2. ““No attorney or his clerk shall be competent or compelled to testify in any court in this state, for or against the client, as to any matter or thing knowledge of which may have been acquired from the client, or as to advice or counsel to the client given by virtue of the relation as attorney or given by reason of anticipated employment as attorney, unless called to testify by the client, but shall be competent to testify, for or against the client, as to any matter or thing knowledge of which may have been acquired in any other manner.””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.