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Previous PageFile uploaded: 10/9/2018

Rule 3.1. Meritorious claims and contentions.

A licensed paralegal practitionershall not assert or controvert an issue in a negotiation, unless there is abasis in law and fact for doing so that is not frivolous.

 

Comment

[1] The advocate in a negotiationhas a duty to use legal procedure for the fullest benefit of the client'scause, but also a duty not to abuse legal procedure. The law, both proceduraland substantive, establishes the limits within which an advocate may proceed.However, the law is not always clear and never is static. Accordingly, indetermining the proper scope of advocacy, account must be taken of the law'sambiguities and potential for change.

[2] What is required of licensed paralegalpractitioners is that they inform themselves about the facts of their clients?cases and the applicable law and determine that they can make good faitharguments in support of their clients? positions. Such action is not frivolouseven though the paralegal practitioner believes that the client's positionultimately will not prevail. The action is frivolous, however, if the licensedparalegal practitioner is unable either to make a good-faith argument on themerits of the action taken or to support the action taken by a good-faithargument for an extension, modification or reversal of existing law.

 

Effective November 1, 2018