Q. I am not sure what is the best defense to assert while defending my client. May I file numerous defenses in the hopes that one of them will work?
A. IRPC 3.1 forbids the filling of frivolous claims. Comment  to Rule 3.1 states that “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. What is required of lawyers, however, is that they inform themselves about the facts of their clients’ cases and the applicable law and determine that they can make good-faith arguments in support of their clients’ positions. Such action is not frivolous even though the lawyer believes that the clients’ position ultimately will not prevail. The action is frivolous, however, if the lawyer is unable to either 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.”
ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.