Perhaps I'm cynical, but I think that whether the lawyers pursue this has less to do with competency and more to do with their client's willingness to pay for their time. The client may take it personally and be willing to pay good money to tilt at windmills.
Most of the time, a claim must be really egregious for a judge to actually penalize the lawyer for bringing it. Legal ethics rules vary from state to state, but they generally say, in effect, that a lawyer owes every client a duty of zealous advocacy.
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Perhaps I'm cynical, but I think that whether the lawyers pursue this has less to do with competency and more to do with their client's willingness to pay for their time. The client may take it personally and be willing to pay good money to tilt at windmills.
I thought lawyers faced fairly serious penalties for knowingly pursuing obviously meritless cases.
Most of the time, a claim must be really egregious for a judge to actually penalize the lawyer for bringing it. Legal ethics rules vary from state to state, but they generally say, in effect, that a lawyer owes every client a duty of zealous advocacy.