Any sufficiently advanced incompetence is indistinguishable from malice.
* credit to Daring Fireball for the quote
From the decision on my case:
The court finds that the degree of Plaintiffs’ counsel’s culpability weighs heavily in favor of sanctioning the Plaintiffs’ counsel, Kevin Elwell (“Elwell”). Elwell is a competent attorney who knew or should have known with the most basic research that his actions were improper. In addition, after Smith moved to strike the lis pendens, Elwell argued in court that the lis pendens was proper. Elwell had no basis to support his position.
From The Wash Park Prophet:
Elwell lost the case on a motion for summary judgment brought by the blogger representing himself, in which the court took pains to explain just how weak the case brought was on the law. The legal theories and tactics he employed in the case described in the linked opinion strongly indicate that Kevin M. Elwell is a grossly incompetent and unethical attorney. The judge was entirely too lenient in sanctioning him in the case linked above which was frivilous.