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Pastimes : Gary Dobry Subpoenas 41 SI Aliases
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To: DizzyG who wrote (198)1/21/2002 2:15:07 PM
From: scion  Read Replies (1) of 1136
 
ABA Model Rules

Model Rules of Professional Conduct
2001 Edition

ADVOCATE
RULE 3.1 MERITORIOUS CLAIMS AND CONTENTIONS

Comment

[1] The advocate has a duty to use legal procedure for the fullest benefit of the client=s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the limits within which an advocate may proceed. However, the law is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law=s ambiguities and potential for change.

[2] The filing of an action or defense or similar action taken for a client is not frivolous merely because the facts have not first been fully substantiated or because the lawyer expects to develop vital evidence only by discovery. Such action is not frivolous even though the lawyer believes that the client=s position ultimately will not prevail. The action is frivolous, however, if the client desires to have the action taken primarily for the purpose of harassing or maliciously injuring a person, or, if the lawyer is unable either to make a good faith argument on the merits of the action taken or to support the action taken by a good faith argument for an extension, modification or reversal of existing law.

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