People v. Sims’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[ujnder certain circumstances, an attorney’s conduct can be so careless or reckless that it must be deemed to be knowing and will constitute a violation of a specific disciplinary rule. State ex rel. Nebraska State Bar Ass’n v. Holscher, 193 Neb. 729 , 230 N.W.2d 75, 79 (1975). We believe that the element of scienter is shown with respect to a violation of DR 1-102(A)(4) when it is established that the attorney “deliberately closed his eyes to facts he had a duty to see ... or recklessly stated as facts things of which he was ignorant.” United States v. Benjamin, 328 F.2d 854, 862 (2d Cir.) (holding that government could meet its burden of proving willfulness in a prosecution for conspiracy to defraud in sale of unregistered securities by showing that defendant auditor had deliberately closed his eyes to facts that were plainly to be seen or recklessly stated as facts things of which he was ignorant), cert. denied, 377 U.S. 953 , 84 S.Ct. 1631 , 12 L.Ed.2d 497 (1964).””

   2 later decisions quote this exact passage · from the majority
   e.g. People v. Jackson · People v. McDowell

2. “The respondent’s attitude was so cavalier in his dealing with [the victim’s] life savings when they were in his attorney trust account; his understanding of his fiduciary duty was so corrupted by his own self-interest; his continuing reassurances in the face of the obvious misappropriation of the funds so unreasonable; his misrepresentations in the civil action and to the Office of Disciplinary Counsel so aggravated; and the injury sustained by the victim so great; that we have concluded that disbarment is the only appropriate result.”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Vigil

3. “The single most important factor in determining the appropriate level of discipline in this ease is whether the respondent’s misappropriation of client funds was knowing, in which case disbarment is the presumed sanction, or whether it was reckless, or merely negligent, suggesting that a period of suspension is adequate. The hearing board specifically found that the respondent’s mental state during the mismanagement of his trust and operating accounts was not one of simple negligence, but was reckless.”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Small