Are not attorneys rated by their superiors by case success? If an attorney (or attorneys) take on too many cases that didn't generate any revenue like this one, and added huge costs to the firm, I'd think they'd get fired.
It is for this reason I doubt that this case was taken strictly on contingency - unless they put not many hours into the case. I suspect someone showed up with a briefcase full of money, or maybe one of the lawyers wants to run as a leftist politician and wanted to put this in their campaign ad, or was a crony of a leftist politician. Maybe one of the partners is a leftist politician and will be saying that he sued the gun manufacturers (shhh, don't mention the loss).
There must be some benefit to the firm.
I hope the law firm is sanctioned for costs.
They can also be disbarred, I believe. Some famous patent trolls and their ilk have lost their licenses after filing one too may frivolous lawsuits.
Attorneys have been disbarred for filing merit less lawsuits. And as to the intellectual property trolls, Google "John Steele indictment" (Chicago copyright troll just indicted by a federal grand jury in Minnesota for wire fraud, among many other crimes). I digress.
With regard to filing frivolous actions, attorneys need to look to ABA Model Rule 3.1 (which was adopted by the Illinois Supreme Court, among other state Supreme Courts, this is the Illinois verbiage):
"RULE 3.1: MERITORIOUS CLAIMS AND CONTENTIONS
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established."
In other words, do not knowingly bring a frivolous action. Perform due diligence. "We didn't know that our action is legally barred" doesn't pass muster, especially when a large group of non-attorneys do know that the action is legally barred. There cannot be any good faith belief that a PLCAA barred suit...isn't legally barred, since they have been told by multiple judges in multiple jurisdictions that these actions are expressly barred by statute.
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Edited by skinnyb82, 19 January 2017 - 06:15 PM.