To Make (or Not Make) a Frivolous Argument: What if It Turns Out Not to Be Frivolous?

“Imagine that you represent a litigant and there is a separately represented litigant on the same side. In this example, let us assume that it is a codefendant. Your client wishes to make a motion that, if successful, would entitle him to attorney fees. You thoroughly research the issue and, in your opinion, the motion would be based on a frivolous argument. You can find no way around this problem. You therefore refuse to file the motion.

So far, so good, right?”

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