Rule 3.1 Meritorious Claims and Contentions
Advocate
Rule Text
In representing a client or the lawyer’s own interests, a lawyer shall not knowingly bring or defend a proceeding, assert a position therein, delay a trial or take other action on behalf of a client, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law, except that a lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration may, nevertheless so defend the proceeding as to require that every element of the case be established.
Amendment history: Adopted 01/01/05. Amended 12/01/06: Paragraph (a) amended to make applicable to a lawyer acting in the lawyer’s own interests.