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← 373 Ark. 591 - Preston v. Stoops

Preston v. Stoops’s Empirical Analysis

2008

Citation profile

23
cited by 23 later decisions
1
states following
November 2017
most recently cited

20 state decisions

Relationships

Relies on Country Corner Food and Drug, Inc. v. FIRST STATE BANK AND TRUST CO OF CONWAY · Gwin v. Daniels · American Abstract and Title Co. v. Rice · Turner v. Stewart · Bullock v. Barnes

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

  1. “Stoops undertook legal representation of the Prestons when Stoops was not authorized to practice law in Arkansas. Thus, the unauthorized practice of law is at issue. The unauthorized practice of law falls within this court’s constitutional authority to control and govern the practice of law. See, e.g., Am. Abstract & Title Co. v. Rice, 358 Ark. 1 , 186 S.W.3d 705 (2004). The suggestion that the practice of law can be regulated by an act of the General Assembly is without merit. Oversight and control of the practice of law is under the exclusive authority of the judiciary. Under Ark. Const, amend. 28, “The Supreme Court shall make rules regulating the practice of law and the professional conduct of attorneys at law.” That responsibility could not be discharged if it were dependent upon or controlled by statutes enacted by the General Assembly. See In re Supreme Court License Fees, 251 Ark. 800 , 483 S.W.2d 174 (1972). Further, any action by the General Assembly to control the practice of law would be a violation of the separation-of-powers doctrine. See Ark. Const, art. 4, §§ 1 & 2. We affirm the circuit court’s finding that the ADTPA does not apply to the practice of law.”
    2 later decisions 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.