Fein v. Schwartz’s Empirical Analysis
1966
Citation profile
11 state decisions
How this case has been cited
Cited by 12 later decisions — most recently July 2013
11 state decisions
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 Mills v. Metropolitan Street Railway Co. · Lee v. Conran · Abramson v. City of San Angelo · 240 Mo. App. 492 - Bohannon v. Camden Bend Drainage District · 240 Mo. App. 236 - Orr v. Mut. Ben. H. A. Assn.
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The attorney's lien, whether under the statute or at common law, is equitable in its nature. Even decisions in this country, which confine its existence and application to the narrowest limits, always speak of it as an equitable lien, right, or privilege... . But where the thing is not in possession [i.e., is not a retaining lien], and some affirmative action is required by the attorney, he, like other lien claimants, must seek relief in equity... . There is no question but that a proceeding such as this one is an equitable one, in that it is triable before a court of equity... . The instant suit is one in equity in which a trial by jury did not exist at common law and never has as a matter of right in this state." 404 S.W.2d at 228 .”
2 later decisions quote this exact passage“Directing our attention to the contention of appellant that respondents failed to sustain the burden in the respects complained of, we agree with their understanding of the law that where a contract for compensation is executed by an attorney and his client after the establishment of the fiduciary relation, the burden is on the attorney to show that the transaction was fair, that the compensation provided for did not exceed a fair and reasonable remuneration for the services rendered or to be rendered, that the contract was free from all fraud and undue influence and that it was entered into by the client freely and with a full understanding as to her rights.”
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.