I wonder how many stories like this are caused simply because a corporate lawyer is looking for some work to do, and maybe to meet some kind of internal KPI.
I wonder how many stories like this are caused simply because a corporate lawyer is looking for some work to do, and maybe to meet some kind of internal KPI.
Former in-house lawyer here and in my experience the answer is something like "probably less than you think." The job of the lawyer is to advise the client and (within the bounds of ethical rules) advocate for their position, not to come up what the company's position should be.
Honest question.
Is it the job of an in-house lawyer (or any lawyer) to say that this appears to be a vexatious or SLAPP case, and the client should not pursue it?
Is there an ethical obligation not to get involved in a case that you know is being prosecuted in bad faith?
Within the limits of their knowledge/ability, yes. Some bosses make it clear they do not like being told no, however. YMMV if you continue to work for such people.
The bar there is very high. This case might be embarrassing but probably isn’t sanctionable. And the only lawyer that would get sanctioned would be the ones that signed the papers not the drone that hired them.
Interesting, thanks for the insight!