§ Rule 4-3.1 Meritorious Claims and Contentions

Codes > Florida Statutes > Rules Regulating > Chapter 4 : 4-3 Advocate > Rule 4-3.1

Rule 4-3.1. 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.