Ethical Limits on Crusading Litigation
Michael Sean Quinn, Ph.D., J.D. Etc.
We know that there is something wrong with a lawyer filing a lawsuit s/he knows is destined to fail. One cannot ethically file lawsuits exclusively or principally for publicity purposes, simply to teach yourself a part of the law, or to raise money.
For now, reader, think election law and/or constitutional law as applied to elections. This seems obvious when nearly 60 similar lawsuits have already been lost to some extent, including appellate versions, and lost to one degree of judicial opinion or another.
One good place to look for the “governing ethical rules,” “fundamental ethical principles,” or “foundational guidelines” in Texas of legal ethics to be found in the “Lawyer’s Creed”–an often ignored, overlooked, or underestimated source.
Even so-called “Warriors for Righteousness” face ethical, as well as legal limits. That may be particularly true in the aftermath of the defeat of President Trump in 2020, not to mention the crusade against Dominion and its softward.