Brooks v. Zebre’s Empirical Analysis
1990
Citation profile
2 district · 16 state decisions
How this case has been cited
Cited by 18 later decisions — most recently July 2014
2 district · 16 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
Applies 28 U.S.C. § 2412 · 42 U.S.C. § 1988
Relies on Briscoe v. W · 17 Cal. 3d 425 - Tarasoff v. Regents of University of California · 136 Wis. 2d 304 - Green Spring Farms v. Kersten · Ultramares Corp. v. Touche · 50 Cal. 3d 205 - Silberg v. Anderson
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Opposing counsel does not have to deal with his adversary as he would deal in 'the marketplace. Standards of ethics require greater honesty, greater candor, and greater disclosure, even though it might not be in the interest of the client or his estate. The handling of a lawsuit and its progress is not a game. There is an absolute duty of candor and fairness on the part of counsel to both the Court and opposing counsel. At the same time, counsel has a duty to zealously represent his client’s interests. That zealous representation of interest, however, does not justify a withholding of essential information. * * * * * * [T]he profession should embrace an affirmative ethical standard for attorneys’ professional relationships with courts, other lawyers and the public: The lawyer must act honestly and in good faith. An other lawyer lawyer should not need to exercise the same degree of caution that he would if trading for reputedly antique copper jugs in an oriental bazaar. It is inherent in the concept of an ethic, as a principle of good conduct, that it is morally binding on the conscience of the professional, and not merely a rule of the game adopted because other players observe (or fail to adopt) the same rule. Good conduct exacts more than mere convenience. * * * * * who deals with a ⅜ * * » Qan(jor ⅛ not inconsistent with striking a deal on terms favorable to the client, for it is known to all that, at least within limits, that is the purpose to be served. * * * * T”
1 later decision quote this exact passage · from the dissente.g. Lavatai v. State“In order to recover for negligence or gross negligence, the plaintiff is required to demonstrate all necessary elements of the tort including the element of a legal duty owed by the defendant to the plaintiff. The issue of whether a duty is owed is strictly a question of law. * ⅜ * When we determine, however, that no legal duty exists from a defendant to the plaintiff, a summary judgment with respect to claims of negligence is appropriate and must be affirmed. •”
1 later decision quote this exact passagee.g. Cosner v. Ridinger“The clear rule is that no private cause of action in favor of a non-client can be found attributable to violations of the disciplinary rules relating to attorneys.”
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.