Cooper v. McNair’s Empirical Analysis

Citation profile

5 federal appellate · 1 district · 4 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Florida, the liens available to an attorney to secure the payment of his fees are based on the common law ... A retaining lien attaches to all property, papers, books, documents, securities, and moneys of the client coming into the hands of the attorney in the course of his professional employment. It gives him the right to retain possession thereof as security for all costs, disbursements, and charges due him, and not only for those due for a specific service. It is a common-law lien founded and depending upon possession. Loss of possession of the client’s property terminates the lien. Like other mere possessory liens, the attorney’s retaining lien is passive, being a bare right to hold possession until payment. It cannot be actively enforced. Its value to the attorney is only in proportion to the extent that such retention by him will embarrass the client.”

   1 later decision quote this exact passage · from the majority
   e.g. Matter of Matassini

2. “Its (the retaining lien's) value to the attorney is only in proportion to the extent that such retention by him will embarrass the client.”

   1 later decision quote this exact passage · from the majority
   e.g. Adams, George, Lee, Schulte, & Ward v. Westinghouse Electric Corp.