[NTLUG:Discuss] SCO, IBM, MS, Linux

[David]

On Tue, May 27, 2003 at 01:25:46PM -0500, Greg Edwards wrote:
> Simple, because you can always find a lawyer that will take the case and 
> (unfortunately) Judges will let most anything get to trial.  Merit does 
> not seem to be the benchmark on what gets to trial now days.
> 
> Not trying to slam our Legal eagles on the list, it's just reality.

You can't always find a lawyer to take something to trial.  A lawyer
is prohibited from filing an action unless he believes it is either
soundly grounded in current law, or that he can make a good-faith
argument for the claim as an extension of current law.  

It's that last category, of course, that creates the perception of a
problem -- the good-faith argument may not be successful, and in
hindsight the public then says that it was a frivilous suit.  But we
can't eliminate the extensions cases, because if we did, we'd never be
able to advance the law except through the legislatures, and you know
who owns (rents?)  them.

-- 
David Hayes
david at hayes-family.org