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
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