In Re Stanton’s Empirical Analysis

Citation profile

2 federal appellate · 19 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Far from offering advice and guidance to the client in order to assist him in achieving his lawful objective, respondent said nothing to his client beyond several times urging him to tell the judge what was on his mind. This conduct falls so far below the standard expected of attorneys in assisting their clients that we have not the slightest hesitation in condemning it as neglect and as a wilful [sic] failure to pursue the client’s lawful objectives. Respondent’s conduct embodies a view of the lawyer’s role that we simply cannot accept. Respondent’s view seems to be that in a case of disagreement between respondent and his client over the proper course of action to follow, the client is on his own in attempting to follow any course not concurred in by respondent. We think it is clear that, at least as to the fundamental decisions concerning the client’s case, it is the respondent’s desires, so long as they are lawful, that must control.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Stanton

2. “Respondent’s conduct, which is made out by the most clear and convincing evidence possible — his own words transcribed in open court — seems to us to be a serious violation of the Disciplinary Rules. No possible purpose of his client’s was served by respondent’s spreading his own personal views of the matter on the record after the client had decided to reject his advice. It is not a lawyer’s place to seek to vindicate his own views, as opposed to those of his client, before a judge. Only the wisdom and vigilance of the presiding judge prevented respondent’s intemperate behavior from frustrating his client’s will. The fact that respondent did not succeed in frustrating his client’s attempted plea does not weigh heavily in his favor. On two separate occasions in the instant case, respondent simply overruled his client’s stated views on the grounds that he knew better than the client did.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Stanton

3. “As the Committee pointed out, respondent undertook no investigation or discovery within the period provided for filing a motion to suppress. Since the crime took place at 3:45 a.m. in the morning in an alley, there was a distinct possibility (as respondent himself apparently recognized by his plan to “knock down” the government’s case) that there could have been a misidentification. Nevertheless, respondent did not attempt to interview the police officers or the complaining witness; he did not examine the torn shirt to see whether the tear was compatible with the version offered by the witness or. by his client; he did not investigate or send someone to investigate the scene of the crime to determine whether fighting at the time of the offense made identification possible. Respondent made a determination, on his own, that no investigation was necessary because his client was guilty.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Stanton