wrong.113
Another lawyer discussed these issues as follows:
Q: Ever advise a client not to pursue a target because the case was
weak in your analysis, but the client says I want to go ahead
against this guy?
A: Yes, sure.
Q: When’s the last time you did that?
A: Earlier this year.
Q: What happened?
A: The case was marginal. Copyright case. The client knew it. But
the motivation was reputational. Reputation in the industry. They
just wanted to be known as a strong and aggressive defender of
their IP rights.
Q: How was the case marginal?
A: My own analysis was that they copied, the other side, but they
really copied the ideas, it’s a different expression of the same idea.
And assuming the judge gets it right, which you never know in a
case like this, so I think we lose. And I warned the client. I don’t
want them to pay all this money and lose and blame me. And I
want, too, from their perspective, to make good choices. I want
them to go into it with their eyes open. I don’t want them to
believe their own press. I write these letters saying this is a clear
infringement. I tell the client, between you and me, we know it’s
probably not a good case.
Q: Were you okay with enforcing that weak . . . that nonmeritorious
claim?
A: Yes. It was weak, but you never know. It’s not going to be
decided by a judge quickly.
Q: What happened in that case?
A: We got them to stop. The case settled when we filed a lawsuit
in California.
Q: Have you ever told a client who was trying to enforce a weak
case, a case you thought was not strong on the legal merits, you