The airline's attorneys wrote in an answer to the lawsuit involving the 9-year-old from Austin, “She knew or should have known [the compromised lavatory] contained a visible and illuminated recording device." But now, the airline says its outside legal counsel "made an error in the filing."
I like to think for something as high stakes as the argument you're going to make in court that a lawyer would have partners or employees or something to bounce ideas off before pulling the proverbial trigger on it.
Edit: oh and discussing such things with the client too