I have done a good amount of mountaineering, I've been a part of a couple of lawsuits, and I have done a ton of business deals. I think that this situation is not as clear-cut as other commenters have made it sound. I know everyone dislikes lawyers, but this attorney has a good point if they never left basecamp and a lot of other parties were able to summit at that time. On the other hand, a mountain guide needs to be able to be trusted and able to call off a climb.
This is a reasonable scenario for a lawsuit.