ORPC 3.1 Meritorious Claims and Contentions
E810467
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.
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)
Full triples — surface form annotated when it differs from this entity's canonical label.