R 3.1 - Meritorious Claims & Contentions

Question 1

When shall an attorney not bring or defend a claim?

Answer 1

An attorney shall not bring or defend a claim, unless there is a basis in law or in fact for doing so that is not frivolous.

Question 2

Can an attorney bring a claim in which the legal precedent says that there is no legal basis to bring forth?

Answer 2

Yes, so long as there is a good faith argument in seeking an extension, modification, or reversal of existing law.

Question 3

Can an attorney defend a defendant in a criminal manner where the attorney shall require every element be established?

Answer 3

Yes.

Question 4

When an attorney represents the client, what can the attorney do and not do in respect to the use of legal procedure?

Answer 4

The attorney has a duty to use it to fullest benefit of the client’s clause. The attorney may not use it to abuse the legal procedure.

Question 5

When will a client’s case be determined as frivolous?

Answer 5

When the attorney cannot make a good faith argument on the merits or good faith argument in seeking an extension, modification, or reversal of existing law.

Question 6

When will a client’s case not be determined as frivolous?

Answer 6

When the attorney can make a good faith argument for the client’s position. The case will not be frivolous just because the attorney believes that the client will not ultimately prevail.