Franklin v. Clark’s Empirical Analysis

Citation profile

7 district · 2 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““a drastic remedy since it deprives litigants of their right to freely choose their own counsel.” Gross v. SES Americom, Inc., 307 F.Supp.2d 719, 722 (D.Md. 2004) (citing Buckley v. Airshield Corp., 908 F.Supp. 299, 304 (D.Md.1995); Shaffer v. Farm Fresh, Inc., 966 F.2d 142, 146 (4th Cir.1992)). At the same time, courts have a responsibility to “preserve the public’s confidence in the judicial system.” Buckley, 908 F.Supp. at 304 . As a result, courts must find a “ ‘balance between the client’s free choice of counsel and the maintenance of the highest ethical and professional standards in the legal community.’ ” Id. (quoting Tessier v. Plastic Surgery Specialists, Inc., 731 F.Supp. 724, 729 (E.D.Va.1990)). Finally, the defendants bear “a high standard of proof to show that disqualification is warranted” because it is such a drastic measure. Buckley, 908 F.Supp. at 304 (quoting Tessier, 731 F.Supp. at 729 ).”

   2 later decisions quote this exact passage · from the majority
   e.g. 537 F. Supp. 2d 774 - Nichols Agency, Inc. v. Enchanted Child Care, Inc. · 123 F. Supp. 3d 719 - Jarallah v. Thompson

2. “Maryland courts are hesitant to grant disqualification motions, particularly where the opposing party is the sponsor of such a motion, because they can be abused for tactical reasons. Indeed, “[w]hen an opposing party moves for disqualification of the other party’s counsel, the court will take a hard look at such a motion. The concern is that the opposing party will use such a motion to block, harass, or otherwise hinder the other party’s case.” Klupt v. Kron-gard, 126 Md.App. 179 , 728 A.2d 727, 740 (Md.App.1999). To that end, this court must “closely scrutinize” the disqualification motion. Id.”

   2 later decisions quote this exact passage · from the majority
   e.g. 201 Md. App. 682 - Baltimore County v. Barnhart · 218 Md. App. 386 - McAllister v. McAllister

3. “In United States v. Philip Morris, Inc., 312 F.Supp.2d 27 (D.D.C.2004), the court disqualified a former Justice Department attorney from representing a tobacco company after the government produced time sheets indicating that the attorney had logged more than 382 hours on substantially related litigation. In Dugar v. Board of Educ., 1992 U.S. Dist. LEXIS 8650 , 1992 WL 142302 (N.D.Ill.1992), the court disqualified an attorney bringing an action by a student who had been expelled because that attorney previously supervised the Chicago Board of Education attorneys who represented the board at student suspension and expulsion hearings. Likewise, in the companion case of Porter v. Board of Educ., 1992 U.S. Dist. LEXIS 9617 , 1992 WL 166570 (N.D.Ill.1992), the court disqualified an attorney who brought a suit on behalf of teachers contesting the board’s disciplinary procedures because that attorney previously represented the board in teacher disciplinary actions.”

   1 later decision quote this exact passage · from the majority
   e.g. 201 Md. App. 682 - Baltimore County v. Barnhart