Whitaker v. Commonwealth’s Empirical Analysis
1995
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently June 2016
15 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
Relies on Carolco Television Inc. v. National Broadcasting Co. · Gall v. Commonwealth · Commonwealth v. Reneer · Gall v. Kentucky · Foster v. Commonwealth
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Except as law may otherwise expressly permit, a lawyer shall not represent a private client in- connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate public body or government agency consents after consultation. No lawyer in a firm in which that lawyer associated may knowingly undertake or continue representation in such a matter unless: (1) The disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom; and (2) Written notice is promptly given to the appropriate public body or government agency to enable it to ascertain compliance with the provisions of this rule. (b) Except as law may otherwise expressly permit, a lawyer having information that the lawyer knows is confidential government information about a person acquired when the lawyer was a public officer or employee, may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of the person. A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom. (c) Except as law may otherwise expressly permit, a lawyer serving as a public officer or employee shall not: (1) Participate in a matter which the lawyer partici”
1 later decision quote this exact passage“We' are mindful that the commentary to SCR 3.130 (Rule 1.11) specifically states that: “Paragraph (c) does not disqualify other lawyers in the agency with which the lawyer in question has become associated.” Kentucky Rules of Professional Conduct, Rule 1.11 cmt. [9] (1989). However, commentary provides merely a guide to interpretation of the rules as set forth, but does not have the force of law. Cf, KRE 1104; KRS 500.100. Given that the case at bar involves the very delicate and important issue of client confidentiality in the context of a criminal trial, we believe that the Sixth Amendment to the United States Constitution requires a careful inquiry by the trial court and disqualification of the entire office of the Commonwealth’s Attorney if the attorney [Keeley] has engaged in a substantial and personal participation in the defendant’s case, for to do otherwise would be to ignore the potentially chilling effect of any future attorney/client relationships.”
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.