Litigation and Other Forms of Advocacy

Question 1

Can a lawyer bring or defend any claims that the client wishes, regardless of legal or factual merit?

Answer 1

No, the lawyer can only defend or bring claims that have a basis in law and fact that are not frivolous.

Rule 3.1

Question 2

When is a claim considered frivolous?

Answer 2

When the lawyer is unable to make a good faith argument on the merits of the action.

Rule 3.1, comment 2

Question 3

Is a claim considered frivolous if the facts have not been fully substantiated and discovery is needed to fully develop them?

Answer 3

No, as long as the lawyer has** informed themselves** about the facts of their clients’ cases and the applicable law and determined that they can make good faith arguments in support of their clients’ positions.

Rule 3.1, comment 2

Question 4

Is it frivolous to require the prosecution to establish every element in a criminal case?

Answer 4

No.

Rule 3.1

Question 5

Is it proper for lawyers to seek postponement of proceedings for personal reasons?

Answer 5

Yes, but delay is not proper just because it would make it more convenient for the lawyers.

Rule 3.2, comment 1