Lazar v. Pierce’s Empirical Analysis
757 F.2d 435 · 1985
Citation profile
6 federal appellate · 2 district ·
Relationships
Applies 12 U.S.C. § 1715Z · 12 U.S.C. § 1715Z · 28 U.S.C. § 2412 · 42 U.S.C. § 1437F · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Johnson v. Zerbst · Zipes v. Trans World Airlines, Inc. · Maher v. Gagne · White v. New Hampshire Department of Employment Security · Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State Prison
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he petitioner and amici have urged that prejudgment fee negotiations could raise an inherent conflict of interest between the attorney and client. Because the defendant is likely to be concerned about his total liability, it is suggested, he may offer a lump-sum settlement, but remain indifferent as to its distribution as “damages” or “attorney’s fees.” In pursuing negotiations, the argument continues, the lawyer must decide what allocation to seek as between lawyer and client. Accordingly, petitioner argues, to avoid this conflict of interest any fee negotiations should routinely be deferred until after the entry of a merits judgment. Although sensitive to the concern that petitioner raises, we decline to rely on this proffered basis. In considering whether to enter a negotiated settlement, a defendant may have good reason to demand to know his total liability from both damages and fees. Although such situations may raise difficult ethical issues for a plaintiffs attorney, we are reluctant to hold that no resolution is ever available to ethical counsel.”
1 later decision quote this exact passage“[t]he removal of attorney's fees from the arena of voluntary and ethical negotiation in civil rights cases would present an unnecessary discouragement to non-litigious disposition of these controversies.”
1 later decision quote this exact passage · from the majority“if constitutional rights can consciously be waived by a defendant in a criminal case, it would be an excess in paternalism to conclude that parties to a civil dispute cannot do likewise.”
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.