Blackburn v. Crawfords’s Empirical Analysis

Citation profile

18 federal appellate · 3 district · 68 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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But it is out of regard to the interests of justice, which cannot be upholden, and to the administration of justice, which cannot go on. without the aid of men skilled in jurisprudence, in the practice of the courts, and in those matters affecting rights and obligations which form the subject of all judicial proceedings. If the privilege did not exist at all, every one would be thrown upon his own legal resources; deprived of all professional assistance, a man would not venture to consult any skilful person, or would only dare to tell his counsellor half his case.”

   1 later decision quote this exact passage · from the majority
   e.g. Glover v. Patten

2. “the client may waive the protection of the rule. The waiver may be expressed or implied. We think it as effectual here by implication as the most explicit language could have made it. It could have been no clearer if the client had expressly enjoined it upon the attorney to give this testimony whenever the truth of his testamentary declaration should be. challenged by any of those to whom it related. A different result would involve a perversion of the rule, inconsistent with its objects and in direct conflict with the reason upon which it is founded.”

   1 later decision quote this exact passage · from the majority
   e.g. Glover v. Patten

3. ““Under sucb circumstances, tbe law makes no presumption. Tlie question to be determined was one of fact, and not of law.””

   1 later decision quote this exact passage · from the majority
   e.g. Osborne v. McDonald