Not surprising. If the law says you can't do something, or sue for something there's always a lawyer willing to argue that "prohibited argument X" is totally different than the exact same argument labelled "argument Y".
And why not? I just read about a case in New Jersey where their new red flag law was marked by their own attorney general as violating the Fourth Amendment with advice to state law enforcement to not use it, the judge in the case challenging it opened with "can we all agree this law is unconstitutional?" and yet the state defended it ultimately won.
You miss 100% of the shots you don't take is absolutely part of how lawyers work, and they will throw out any argument in hopes of a win. Without any real penalties for this sort of thing, you would be doing your client a disservice if you practice self-restraint because a law clearly didn't support you.
Not surprising. If the law says you can't do something, or sue for something there's always a lawyer willing to argue that "prohibited argument X" is totally different than the exact same argument labelled "argument Y".
And why not? I just read about a case in New Jersey where their new red flag law was marked by their own attorney general as violating the Fourth Amendment with advice to state law enforcement to not use it, the judge in the case challenging it opened with "can we all agree this law is unconstitutional?" and yet the state defended it ultimately won.
You miss 100% of the shots you don't take is absolutely part of how lawyers work, and they will throw out any argument in hopes of a win. Without any real penalties for this sort of thing, you would be doing your client a disservice if you practice self-restraint because a law clearly didn't support you.
I had a lawyer explain it to me.
"My job is to defend my argument, not agree with it."
They're hired to defend an argument, and will do so until the money is gone.
Yep.
Best arguments money can buy.
Now extrapolate to Lawfare as a tactic employed by monied interests.
Welcome to why things are so fucked.
Same friend: lawyers exist because other lawyers exist.
Yeah, lawyers are happy to help you solve problems you wouldn't have without other lawyers. For $300 an hour.