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Message: <blockquote data-quote="Snarf Zagyg" data-source="post: 9204717" data-attributes="member: 7023840">So, on that. I have a ... feeling ... that this particular argument was raised because of, um, a certain very prominent legal issue in the news. But different things are different. Without going too far into the weeds on this, let's put this very simply-If there is a Court order telling you to not do X, then ...1. You can appeal that order if you think that the order is wrong (it can be an interlocutory appeal if it's not a final judgment).2. Or you can just violate the order and tell the Court later that it was wrong to enter it. There are a lot of reasons that the court system really, really, really does not take kindly to people doing (2). Especially when the order was agreed-to by the parties. So for someone to say that a standard discovery order, agreed-to by the parties, was fine to violate because the order that they agreed to violated their rights... is not going to go over well. This is the classic case of where it is NOT better to ask forgiveness than permission. This is called the collateral bar rule.As for your question, well, it's complicated. Attorneys are the agents of the client. But attorneys also have ethical duties; they have to be candid to the tribunal (the court). They cannot lie or misrepresent the facts or the law (although bad attorneys can, and will, get the law wrong). But if your client demands that you include an argument that you think is a bad one, you need to include it ... preferably after thoroughly explaining why this is a bad idea. Perhaps in writing if it's a really bad idea. And clients lie. ALL. THE. TIME. It's weird, because you think that with the whole "confidentiality" and "privilege" thing, they wouldn't, but they do. Sometimes it's because they don't want to look bad to the attorney (?!?), sometimes it's because they think that the attorney will do better if they are lied to ... whatever. But an attorney can only work with the information that they have. If the issues become insurmountable, and they can, the attorney will withdraw from the action citing irreconcilable differences.</blockquote>

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