RPC RULE 3.1
                  MERITORIOUS CLAIMS AND CONTENTIONS


  A lawyer shall not bring or defend a proceeding, or assert or controvert
an issue therein, 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. 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.

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. 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 client's position ultimately will not prevail. The action
is frivolous, however, 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.

  [3] The lawyer's obligations under this Rule are subordinate to federal
or state constitutional law that entitles a defendant in a criminal matter
to the assistance of counsel in presenting a claim or contention that
otherwise would be prohibited by this Rule.


[Amended effective September 1, 2006.]