Maybe, but it passes the legal test. Sucks, but there it is. Maybe the legal test should be a bit tougher.
When I paid my first visit to court years ago, I was shocked. The level of legal competence was somewhere down in the cellar and most of the lawyers looked and acted like parasites feeding off society's most vulnerable. The judges were marginally more intelligent, but bored stiff. Half the time they didn't bother to go over the cases. Clerks did the work, and the older judges, well, unbelievable...practically senile. Ah, the great state of MA.