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When Not to Appeal

One of two things happened.  One: The clients are crazy, and told their lawyers to file this appeal, even though doing so was self-destructive.  The lawyer must have thought, "This is moronic and self-destructive, but if the check clears, I'll do it."  Two: The lawyers were idiots.  There are meta-points to make.  Like should a lawyer cash the check?  What of the role of a professional do to no harm?  Hey, a lawyer has to make payroll, though, and if some idiot - after being fully-informed - wants to pay you do file the appeal anyway, why not do it?  But see the dirty hand's fallacy.  Etc.  You really could write a good law review article on this subject.  Scott wrote a good post at Simple Justice (which I can't find), noting that if he can't help a client by filing an appeal, he won't take the check...continue to full post

Full post as published by Crime & Federalism on February 10, 2009 (boomark / email).