Waters v. Kemp’s Empirical Analysis
845 F.2d 260 · 1988
Citation profile
9 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 38 later decisions (1 by the Supreme Court) — most recently February 2019 · most notably Federal Trade Commission v. Superior Court Trial Lawyers Ass'n (1990), Cox v. American Cast Iron Pipe Co. (1988)
9 federal appellate · 3 district · 3 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. § 1292
Relies on Powell v. State of Alabama Patterson · Firestone Tire & Rubber Co. v. Risjord · Johnson v. Avery · Scalza v. United States · American Paper Institute, Inc. v. American Electric Power Service Corp.
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, although there need not be proof of actual wrongdoing, “there must be at lease a reasonable possibility that some specifically identifiable impropriety did in fact occur.” Second, “a court must also find that the likelihood of public suspi cion or obloquy outweighs the social interest which will be served by a lawyer’s continued participation in a particular case.””
3 later decisions quote this exact passage · from the majority“(a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless: (1) the lawyer believes the representation will not adversely affect the relationship with the other client; and (2) each client consents after consultation, (b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer’s responsibilities to another client or to a third person, or by the lawyer’s own interests, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; and (2) the client consents after consultation. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.”
2 later decisions quote this exact passage · from the majority““Any attorney who is admitted to the bar of this court or who appears in this court ... shall be deemed to be familiar with and governed by ... the ethical limitations and requirements governing the behavior of members of the Alabama State Bar, and, to the extent not inconsistent with the preceding, the American Bar Association Model Rules of Professional Conduct.””
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.