ORPC 3.1 Meritorious Claims and Contentions

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ORPC 3.1 Meritorious Claims and Contentions is a provision of the Oregon Rules of Professional Conduct that governs lawyers’ duties to bring only non-frivolous claims and arguments supported by law and fact.

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Statements (43)

Predicate Object
instanceOf Oregon Rule of Professional Conduct
professional conduct rule
aimsTo ensure lawyers exercise professional judgment before filing claims
prevent abuse of legal process
promote integrity of the adjudicative process
protect courts from baseless litigation
appliesIn administrative proceedings
civil proceedings
criminal proceedings
appliesTo lawyers licensed in Oregon
basedOn Model Rule 3.1 of the ABA Model Rules of Professional Conduct NERFINISHED
citationForm ORPC 3.1
concerns ethical limitations on zealous advocacy
enforcedBy Oregon State Bar NERFINISHED
Oregon Supreme Court NERFINISHED
function sets minimum standard for merit of legal actions
governs assertion of claims and defenses by lawyers
initiation of legal proceedings by lawyers
presentation of factual contentions in court
presentation of legal contentions in court
hasShortTitle Meritorious Claims and Contentions
helpsEnsure efficient use of judicial resources
helpsPrevent harassing or malicious lawsuits
jurisdiction Oregon NERFINISHED
languageIncludes requirement that a lawyer shall not bring or defend a proceeding unless there is a basis in law and fact for doing so
partOf Oregon Rules of Professional Conduct NERFINISHED
prohibits frivolous claims
frivolous defenses
frivolous factual contentions
frivolous legal arguments
relatedTo lawyer’s duty of candor toward the tribunal
lawyer’s duty of fairness to opposing party and counsel
requires factual basis for claims
good-faith argument for extension, modification, or reversal of existing law when law is unclear
legal basis for claims
non-frivolous claims
non-frivolous defenses
non-frivolous factual contentions
non-frivolous legal contentions
source Oregon State Bar ethics rules NERFINISHED
targets lawyer conduct in initiating and maintaining litigation
violationMayLeadTo professional discipline
sanctions against the lawyer

Referenced by (1)

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Oregon Rules of Professional Conduct hasPart ORPC 3.1 Meritorious Claims and Contentions