Ever been asked to draft a frivolous/unsubstantiated motion? Both, myself (first year) and a mid-level associate have repeatedly raised our concerns to the partner who acknowledged the problems but directed us to continue with drafting and filing the motion anyway. Any thoughts on the best way proceed with caution?

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You raised your concerns. Unless you’re signing it I’d draft it the best you can and let him/her sign it.

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Lol yes. Don’t put your name on it. Our team got super screwed when the partner insisted to do that and the other side filed for sanctions. All of us who had not entered an appearance yet were soooo happy

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Oh thank goodness, I thought I was the only one. Thankfully I deleted my name right before it was filed. Although it was kind of awkward when the partner asked me why I took my name off.

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While I definitely wouldn’t sign something you believe to be frivolous (and at my old firm associates didn’t even sign briefs so that wasn’t an issue), be careful early in your career when making this judgment call. I’ve won plenty of motions during my career that juniors told me couldn’t be made. Experience matters a lot, so if it’s a judgment call at all I’d go with a senior lawyer’s call.

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Noted and thank you. Now seeing the partner's edits, I think it's a more cogent argument then I realized although I still don't think I would be comfortable arguing it myself. At least two of our sub-arguments directly controvert documents that we have. It's a motion to dismiss in a notice pleading jurisdiction too so (in my very green opinion) the standard is pretty clearly against us.

That's what I figured. Definitely not signing it and my name isn't on it. Wouldn't do either unless I was forced.

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