In all fairness, if I was a lawyer getting paid millions of dollars per year to defend corporate clients, I'd do the same thing. I would use every legal tool at my disposal to win.
Now, if any judge decides that a disney+ trial agreement invalidates any lawsuit against them, they would deserve to be removed from office. It's not wrong for the lawyer to try, but it's wrong if the judge allows it.
An example I'd offer is this: if the tax code sucks and Trump can pay 0 in taxes every year through legal means, he'd be an idiot not to take advantage of it. As long as what he's doing is legal, it's not his fault...it's the fault of whoever allowed the situation in the first place.
There are obviously practical issues with making it an illegal strategy, but a lawyer should not knowingly make frivolous legal arguments any more than they should file frivolous lawsuits. Morally speaking, making a legal argument you know is false for tactical benefit should get you smacked down.
I agree with you regarding frivolity. I just think that a lawyer is obligated to give his employer the best defense possible within the confines of the law.
If we punished lawyers for frivolous behavior, I don't think these lawyers would be doing this. I think it would be wrong to punish them for something that we currently tolerate. If your solution is to make it illegal, or at least punishable, I'm 100 percent for it
In all fairness, if I was a lawyer getting paid millions of dollars per year to defend corporate clients, I'd do the same thing. I would use every legal tool at my disposal to win.
Now, if any judge decides that a disney+ trial agreement invalidates any lawsuit against them, they would deserve to be removed from office. It's not wrong for the lawyer to try, but it's wrong if the judge allows it.
An example I'd offer is this: if the tax code sucks and Trump can pay 0 in taxes every year through legal means, he'd be an idiot not to take advantage of it. As long as what he's doing is legal, it's not his fault...it's the fault of whoever allowed the situation in the first place.
There are obviously practical issues with making it an illegal strategy, but a lawyer should not knowingly make frivolous legal arguments any more than they should file frivolous lawsuits. Morally speaking, making a legal argument you know is false for tactical benefit should get you smacked down.
I agree with you regarding frivolity. I just think that a lawyer is obligated to give his employer the best defense possible within the confines of the law.
If we punished lawyers for frivolous behavior, I don't think these lawyers would be doing this. I think it would be wrong to punish them for something that we currently tolerate. If your solution is to make it illegal, or at least punishable, I'm 100 percent for it