Meritorious Claims: Which condition must be met before bringing a proceeding?

Meritorious Claims: Which condition must be met before bringing a proceeding?

• A. There is a basis in law and in fact.
• B. There is only a probable cause.
• C. There is a strong belief regardless of facts.
• D. There is only a possible legal theory.

Answer: (A)

Before bringing a proceeding, a lawyer must have a basis in both law and fact for each claim or defense. This requirement keeps litigation from being filed on shaky grounds and ensures there is actual factual support in addition to legal authority for what’s being asserted. Merely having probable cause, a vague belief, or even a plausible legal theory without factual backing does not meet this threshold. The rule intends to prevent frivolous or unsupported claims by requiring concrete support in both the legal framework and the facts of the case.

Before bringing a proceeding, a lawyer must have a basis in both law and fact for each claim or defense. This requirement keeps litigation from being filed on shaky grounds and ensures there is actual factual support in addition to legal authority for what’s being asserted. Merely having probable cause, a vague belief, or even a plausible legal theory without factual backing does not meet this threshold. The rule intends to prevent frivolous or unsupported claims by requiring concrete support in both the legal framework and the facts of the case.