In Re Midlen’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Midlen’s principal argument to the court is that there was never a fee dispute within the meaning of Rule 1.15(c), because (1) his original retainer agreement with JSM authorized him to deduct attorney’s fees from distributed royalties, and (2) JSM periodically ‘re-authorized’ him to pay himself in that manner. On the record summarized, and in light of the principles outlined, that argument is unavailing. The retainer agreement is hardly a model of clarity. It deferred payment of attorney’s fees ‘at least for the 1990 claim period’ until the royalties had been distributed, at which point M & G would deduct its outstanding fees before forwarding the balance. It thus left ambiguous whether the same procedure would govern disbursements for succeeding claim periods. Initially, JSM raised no objection when Midlen twice deducted fees from payments for the original claim period (protesting only his plan to keep a ‘reserve’ against future fees earned), but by the end of 1994, JSM began questioning B & G’s entitlement to continue that practice. Whether, even under Rule 1.15(c)’s undemanding test for a ‘dispute,’ a disagreement over the practice of deducting fees had arisen at that point is probably unclear. Despite its repeated oral and written instructions to Midlen in late 1994 not to deduct fees, JSM did not object when he again deducted $20,000 in fees from a January 1995 distribution for the 1994 claim period; and on dissolution of his partnership, it retained him again while mi”

   1 later decision quote this exact passage
   e.g. Attorney Grievance Commission v. Midlen

2. ““In October of 1997, Midlen informed JSM that it was necessary to amend the Devotional Claimants’ 1992-93 Settlement Agreement because one of the other claimants had failed to file a claim in the royalty proceeding. In a fax to JSM on November 12, Midlen reported on the status of this proceeding and attached a proposed draft Addendum. On November 14, JSM informed Midlen that it needed time to review the matter and that Midlen was not authorized to execute or sign any document on its behalf until JSM informed him of its decision. Midlen offered to answer any questions regarding the Addendum. He also reminded JSM that the Addendum did not make any substantive changes to the earlier agreement. Thereafter, JSM advised Midlen that Frank Koszorus would be contacting him regarding the Addendum and reminded him that ‘the directives given to you in our letter of November 14, 1997, are still in effect.’ Midlen met with Koszorus, who indicated that he understood the Addendum and did not have any questions for Midlen. On December 12, Midlen forwarded the final version of the Addendum to JSM and advised it that the final version would go forward the following week. The same day, Reverend (Jimmy) Swaggart responded to this letter, advising Midlen that he could only execute the Addendum for JSM ‘when you have authorization in writing to do so from myself or Frances — not before.’ The next day, Midlen replied to this letter noting that Koszorus had not raised any objections to the Addendum a”

   1 later decision quote this exact passage
   e.g. Attorney Grievance Commission v. Midlen

3. ““What is clear from the record is that at the time Respondent signed the Addendum his client had informed him on three separate occasions that he was not authorized to do so. Moreover, Respondent’s actions after signing the Addendum were not consistent with the actions of a lawyer who honestly believed he had the authority to sign this document. Respondent did not tell his client that he had signed the Addendum. He did not send his client a copy of the signed Addendum. The day after the Addendum was signed, JSM wrote again and restated its objection. Respondent did not reply to this letter by telling his client that he had already executed the agreement.””

   1 later decision quote this exact passage
   e.g. Attorney Grievance Commission v. Midlen