Marshall v. Hall’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Here, [the attorney’s employee] was acting as an agent of the relators’ attorney. Her task in interviewing [the witness] was to generate information to make the strategic decision of whether to depose [the witness]. In accomplishing her task, [the attorney’s employee] compiled facts from her conversation with [the witness]. She reorganized those facts according to her mental impressions of what organization would best help the relators’ attorney decide whether to take [the witness’] deposition. She omitted some facts she felt were not helpful to the [relators’] case. We believe that not only her summaries but her interview notes as well are protected by the attorney work product privilege.”

   1 later decision quote this exact passage
   e.g. in Re Baytown Nissan Inc., Burklein Family Limited Partnership, Frederick W. Burklein and J. Cary Gray