Tillotson v. Boughner’s Empirical Analysis

Citation profile

31 federal appellate · 2 district · 9 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. “[T]he authorities are clear that the privilege extends essentially only to the substance of matters communicated to an attorney in professional confidence. Thus the identity of a client, or the fact that a given individual has become a client are matters which an attorney normally may not refuse ' to disclose, even though the fact 'of having retained counsel may be used . as evidence against the client.....To be sure, there may be circumstances under which the identification of a client may amount to the prejudicial disclosure of a confidential communication, as where the substance of a disclosure has already been revealed but not its source. [Citations omitted.]”

   3 later decisions quote this exact passage · from the majority
   e.g. Chesek v. Jones · 392 F. Supp. 783 - In Re Langswager

2. ““ * * * [A]n attorney may not be compelled, at the instance of a hostile litigant, to disclose his retainer or the nature of the transaction to which it related, when such information could be made the basis of a suit against his client.””

   2 later decisions quote this exact passage · from the majority
   e.g. Chesek v. Jones · Bailey v. Meister Brau, Inc.

3. ““Another reason why the privilege has not been waived is that the privilege is that of the client. Here, the client is not a party to this suit. As stated in 8 Wig-more, Evidence, § 2321—‘Under the original theory of the privilege, it was the attorney’s, not the client’s (§ 2290, supra). But under the modern theory (§ 2991, supra), it is plainly the client’s, not the attorney’s. This is now never disputed.’ “In Schwimmer v. United States, 8 Cir., 232 F.2d 855, 863 , the Court said—‘The privilege thus is one that exists for the benefit of the client and not the attorney. * * * But the attorney has the duty, upon any attempt to require him to testify or produce documents within the confidence, to make assertion of the privilege, not merely for the benefit of the client, but also as a matter of professional responsibility * * *.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Hunter v. Kenney