A. Meritorious Claims & Contentions Flashcards
1
Q
When may Lawyer be subject to discipline?*
A
Bringing ‘frivolous’ proceeding!!!
UNLESS conducting defence re ‘frivolous’ proceeding on behalf of Criminal Defendant => Force Prosecutor to prove necessary elements of crime!!!
- Lawyer may plead Client as ‘NOT guilty’, even if Lawyer knows Client is guilty!!!
2
Q
What constitutes ‘frivolous’ position?*
A
Can NOT be supported by good faith argument;
- Under existing law
- For changing the law
Harass Opponent!!!
Delay Opponent!!!
Multiply expenses Opponent!!!
NOT SoL expiration!!!
- Destroys remedy, NOT right of claim
