49 Md. App. 499 - Resnick v. Kaplan’s Empirical Analysis
1981
Citation profile
40 state decisions
How this case has been cited
Cited by 50 later decisions — most recently March 2017 · most notably Meehan v. SHAUGHNESSY COHEN (1989), 156 Cal. App. 3d 171 - Jewel v. Boxer (1984)
40 state decisions — followed in 15 states
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 Aunt Jemima Mills Co. v. Rigney & Co. · Herring v. Offutt · Bayshore Industries, Inc. v. Ziats · Mayor of Baltimore v. Chesapeake Marine Railway Co. · 24 Md. App. 100 - Zimmerman v. Summers
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Uniform Act conferred no right upon either side to compensation for services rendered in this winding up process, cf. § 9-401(6) and, in the absence of any provision in the partnership document, it was correctly held that the aggregate of the fees collected should be allocated according to the percentages specified in the agreement for the distribution of profits and losses.”
2 later decisions quote this exact passage · from the majority““Although never having been passed on by a Florida court, the proposition is universally accepted that a law partner in dissolution owes a duty to his old firm to wind up the old firm’s pending business, and that he is not entitled to any extra compensation therefor. “The dissolution date of February 28, 1961 did not put an immediate end to the partnership, it continued for the purpose of winding up its affairs, and inasmuch as Frates had a duty to wind up the affairs of the partnership, his signing of a retainer agreement with an already existing client was without consideration and void. “We adopt the rule recognized by our sister states that the retention of a law firm obligates every member thereof to fulfilling that contract, and that upon a dissolution any of the partners is obligated to complete that obligation without extra compensation.” (Footnotes omitted.) (Emphasis added.)”
1 later decision quote this exact passage · from the majority“Appellant in this case seizes upon language of the court in Platt [v. Henderson, 227 Or. 212 ] (361 P.2d [73] at p. 85 [(1961)]), which recognized that a client has the right to elect the attorney he prefers, “and that a member of a firm cannot force himself upon a client of the firm merely because he is a member of that partnership.” The proposition asserted by the court is sound; but it does not mean, as appellant contends, that the fees thereafter earned by the partner chosen by the client are not subject to division in accordance with the partnership agreement. Nor does it mean that the fiduciary duty imposed upon partners to render a faithful accounting to the partnership for fees earned is diminished in the slightest.”
1 later decision quote this exact passage · from the majority
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.