In Re Lober’s Empirical Analysis

Citation profile

122 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 122 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In a disciplinary proceeding, this court considers the evidence, the findings of the disciplinary panel, and the arguments of the parties, and determines whether violations of KRPC exist and, if they do, what discipline should be imposed. [Citation omitted.] Any attorney misconduct must be established by substantial, clear, convincing, and satisfactory evidence. [Citations omitted.] “This court views the findings of fact, conclusions of law, and recommendations made by the disciplinary panel as advisory, but gives the final hearing report the same dignity as a special verdict by a jury or the findings of a trial court. Thus, the disciplinary panel’s report will be adopted where amply sustained by the evidence, but not where it is against the clear weight of the evidence. [Citations omitted.]” In re Lober, 276 Kan. 633, 636-37 , 78 P.3d 442 (2003).”

   16 later decisions quote this exact passage · from the majority
   e.g. In re Garcia · In re Gamble

2. ““AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS “In making this recommendation for discipline, the Hearing Panel considered the factors outlined by the American Bar Association in its Standards for Imposing Lawyer Sanctions (hereinafter ‘Standards’). Pursuant to Standard 3, the factors to be considered are the duty violated, the lawyer’s mental state, the potential or actual injury caused by the lawyer’s misconduct, and the existence of aggravating or mitigating factors. “Duty Violated. The Respondent violated his duty to his client to provide diligent representation. Additionally, the Respondent violated his duty to the legal system to timely comply with reasonable discovery requests. Finally, the Respondent violated his duty to the legal profession to maintain personal integrity. “Mental State. The Respondent negligently violated his duty to his clients. Further, the Respondent knowingly violated his duty to the legal system. Finally, the Respondent knowingly violated his duty to the legal profession. Injury. As a result of the Respondent’s misconduct, the Respondent caused actual injury. As a direct result of the Respondent’s misconduct, the plaintiffs’ attorney fees increased, the Court wasted valuable time compelling the defendants to comply with the requests for discovery, and the trial in the case was delayed because discovery was not timely completed. “Aggravating or Mitigating Factors. Aggravating circumstances are any considerations or factors that”

   1 later decision quote this exact passage · from the majority
   e.g. In the Matter of Devkota

3. ““7. Following the investigation, on August 22, 2005, a Deputy Disciplinary Administrator wrote to the Respondent, informed him that the Review Committee of the Kansas Board for Discipline of Attorneys found probable cause to believe that he had violated KRPC 1.15 and suggested that the Respondent apply for the Attorney Diversion Program. The Deputy Disciplinary Administrator asked the Respondent to reply within 20 days. The Respondent did not respond to the Disciplinary Administrator’s letter. “8. On November 7,2005, the Deputy Disciplinary Administrator again wrote to the Respondent. She provided the Respondent with additional time to apply for the Attorney Diversion Program. The Respondent failed to respond to the Deputy Disciplinary Administrator’s second letter. “9. On December 5, 2005, the Disciplinary Administrator wrote to the Respondent, informed him that the Review Committee of the Kansas Board for Discipline of Attorneys directed that the Respondent be informally admonished for violating KRPC 1.15. The Disciplinary Administrator scheduled the informal admonition for January 10, 2006. The Respondent failed to appear for the scheduled informal admonition. “10. On January 18, 2006, the Disciplinary Administrator again wrote to the Respondent. The Disciplinary Administrator directed the Respondent to call and explain why he did not appear for the informal admonition. The Respondent failed to call the Disciplinary Administrator as directed. “11. On February 16, 2006, the”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Ruther