Cleckner v. Dale’s Empirical Analysis
1986
Citation profile
1 federal appellate · 21 state decisions
How this case has been cited
Cited by 26 later decisions — most recently August 2023 · most notably State v. Odom (1996), Dooley v. Everett (1990)
1 federal appellate · 21 state decisions
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 Savings Bank v. Ward · Hill v. Okay Const. Co., Inc. · Lentino v. Fringe Employee Plans, Inc. · Bolin v. State · O'NEIL v. Bergan
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whether a lawyer's conduct meets a particular standard of conduct is not a question of law for the court. It is a question of fact for the jury or other finder of fact to decide. Gruse v. Belline, 138 Ill. App.3d 689 , 93 Ill.Dec. 297, 301 , 486 N.E.2d 398, 402 (1985) and Glidden v. Terranova, 12 Mass. App. 597, 427 N.E.2d 1169, 1170 (1981). See also Wade, The Attorney's Liability for Negligence, 12 Vand.L.Rev. 755, 776 (1959). Whether a lawyer's conduct meets the applicable professional standards is generally believed to be beyond the common knowledge of laypersons. Thus, except in cases involving clear and palpable negligence, most courts considering the issue have held that cases of legal malpractice cannot be decided without expert proof regarding the applicable standard of care and whether the lawyers conduct complies with this standard. (citations omitted). (emphasis added).”
3 later decisions quote this exact passage“The standard of care applicable to a particular case will vary depending upon the type of legal activity involved. The standard of care applicable to civil litigators may not be the same standard applicable to lawyers representing the buyers in a real estate transaction or to lawyers drafting complicated testamentary instruments. The varied nature of the practice of law underscores the necessity of expert proof intended to acquaint the finder of fact with the applicable professional standard in each case.”
1 later decision quote this exact passage
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.