Whiteaker v. State’s Empirical Analysis

Citation profile

25 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Proof of damages proximately caused by negligence is a fundamental element of a malpractice action. When the al leged legal malpractice consists of a client’s assertion that the defendant lawyer has mishandled a claim or lawsuit, proof of damages necessarily involves analysis of the value of that underlying cause of action. See Baker v. Beal, 225 N.W.2d 106, 110-11 (Iowa 1975). The measure of injury to the client’s cause of action is the difference between what the client should have recovered but for the negligence, and what the client actually recovered. R. Mallen & V. Levit, Legal Malpractice § 303, at 354-55 (2d ed. 1981). Moreover, in proving the value of the underlying claim the client has the burden to show not just that a judgment in an ascertainable amount would have been entered, but the amount that would have been collected on that judgment. Beeck v. Aquaslide ‘N’ Dive Corp., 350 N.W.2d 149, 160 (Iowa 1984); Pickens, Barnes & Abernathy v. Heasley, 328 N.W.2d 524, 526 (Iowa 1983). The rationale of this collectibility requirement is fully explained in Beeck : At the trial of the malpractice action, can the lawyer successfully contend that, regardless of the substantial amount of the probable verdict in the underlying suit, the measure of the client’s damages is limited to the amount he would have actually recovered by way of a satisfied judgment? The question should be answered affirmatively, since otherwise the client would be placed in a better position as a result”

   1 later decision quote this exact passage
   e.g. Burke v. Roberson

2. ““Of course the client asserting this type of malpractice claim against an attorney must prove not only a breach of that duty but also that the breach proximatelv caused damages. Here, Whiteaker was obligated to establish by a preponderance of the evidence that a settlement probably would have occurred but for the negligence of the State attorney. [Citation omitted.] An element of this cause of action is proof that the client and party against whom a claim has been asserted would have reached agreement upon a settlement in an ascertainable amount. . . From those findings, .which are fully supported by. the evidence, the trial court concluded that Whiteaker had failed to prove an element of this settlement prong of his malpractice action — the likelihood that a satisfactory settlement would have been concluded and paid by UPC. Nothing in .the record establishes that UPC would in fact have authorized its attorney to offer Whiteaker the somewhat indefinite $16,000.00 proposal that UPC’s attorney had in mind. Indeed, nothing in the record establishes the dollar value of any settlement proposal that UPC'might have made in the event Whiteaker had retained -private counsel at the outset.” 382 N.W.2d at 116 .”

   1 later decision quote this exact passage
   e.g. 18 Kan. App. 2d 839 - McConwell v. FMG of Kansas City, Inc.

3. “[I]n attorney malpractice, the causal requirement is worded in the negative. For example, it is often said that the plaintiff can recover against the defendant-attorney only when it can be shown that the injury would not have occurred “but for” the negligence of the lawyer. Thus, the plaintiff must establish that the total or partial loss would not have occurred had it not been for some act or omission on the part of the attorney. In other words, the plaintiff must show that “but for” the negligence of the lawyer, the client’s cause of action or defense against a claim in the underlying action would have been successful.”

   1 later decision quote this exact passage
   e.g. Burke v. Roberson