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View Diary: What the hell is THIS?! [Updated] (226 comments)

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  •  Not "ethics," it's "Professional Responsibility" (1+ / 0-)
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    and I used to teach it.  The lawyers are obligated to do what their client wants, and if that's what they're doing, and not breaking the law or rule of conduct, then they are acting consistent with that responsibility.

    A California attorney who did not allege a plausible defense in his or her pleadings would be potentially subjecting him or herself to liability for malpractice and disciplinary action by the State Bar.  There are a number of defenses I would expect to see in any answer regardless of the facts, and contributory negligence/comparative fault would be among them.  In an unlimited civil case in California, it's probably a good idea not to take anything that's pleaded or litigated personally; they'll do it to anyone.

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