Becker v. Julien, Blitz & Schlesinger, P. C.’s Empirical Analysis

Citation profile

1 federal appellate · 33 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In many, if not most instances involving an alleged malpractice by attorneys, the underlying litigation has been terminated — by allowing the Statute of Limitations to lapse, by suffering a default or dismissal and the like. Often it is the very fact of termination of the action which gives rise to the claim for malpractice. Where the termination is by settlement rather than by a dismissal or adverse judgment, malpractice by the attorney is more difficult to establish, but a cause of action can be made out if it is shown that assent by the client to the settlement was compelled because prior misfeasance or nonfeasance by the attorneys left no other recourse. *** [T]he cause of action for legal malpractice must stand or fall on its own merits, with no automatic waiver of a plaintiffs right to sue for malpractice merely because plaintiff had voluntarily agreed to enter into a stipulation of settlement." (Emphasis added.) (Becker, 95 Misc. 2d at_, 406 N.Y.S.2d at 413-14 .)”

   5 later decisions quote this exact passage · from the majority
   e.g. Johnson v. Taylor · 250 Ill. App. 3d 166 - McCarthy v. Pedersen & Houpt

2. “no automatic waiver of a plaintiff's right to sue for malpractice merely because plaintiff had voluntarily agreed to enter into a stipulation of settlement.”

   2 later decisions quote this exact passage · from the majority
   e.g. Cheryl C. Moore, M.D. v. Charles W. Grau, Esq. & a. · Prout v. Vladeck

3. “Plaintiff has not made even the scantiest showing that the value of his claim, prior to the alleged “improvident and coerced” settlement exceeded $45,000. Indeed, there appears to be a strong possibility that his case might have been dismissed entirely.”

   1 later decision quote this exact passage · from the majority
   e.g. Broad v. Conway