Meyer v. Mulligan’s Empirical Analysis

Citation profile

40 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Expert testimony is necessary because most lay people are not competent to pass judgment on legal questions.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Tozzi v. Moffett · Allen v. Martin

2. “Determining the existence of an attorney-client relationship "depends on the facts and cireumstances of each case" and "may be implied from the conduct of the parties, such as the giving of advice or assistance, or such as failing to negate the relationship when the advice or assistance is sought if the attorney is aware of the reliance on the relationship." Chaves v. State, 604 P.2d 1341, 1346 (Wyo.1979), cert. denied 446 U.S. 984 , 100 S.Ct. 2967 , 64 L.Ed.2d 841 (1980). The determination of whether there is an attorney-client relationship is one of fact and, typically, is for the trier of fact and cannot be resolved by summary judgment. 2 R.E. Mallen and J.M. Smith, Legal Malpractice §§ 27.10, 27.22 (3d ed.1989).”

   1 later decision quote this exact passage · from the concurrence
   e.g. Bangs v. Schroth

3. “In the procedural posture of summary judgment, ... the attorney, as the moving party, first must make a prima facie showing that no genuine issue of material fact exists before summary judgment can be granted in his favor. To that end, the attorney, through expert testimony or affidavit, is required to demonstrate that his conduct conformed to the accepted standard of legal care.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Tozzi v. Moffett