Frivolous Claims
What does "Frivolous Claims" mean in law?
Model Rule 3.1 prohibits a lawyer from bringing or defending a proceeding, or asserting or controverting an issue, unless there is a basis in law and fact for doing so that is not frivolous. A claim is frivolous if the lawyer is unable to make a good-faith argument on the merits of the action or for a modification, extension, or reversal of existing law. This standard parallels Federal Rule of Civil Procedure 11, which authorizes sanctions for filings made for improper purposes or without adequate legal and factual support. An exception exists in criminal defense, where every defendant is entitled to plead not guilty and require the prosecution to meet its burden regardless of the lawyer's personal assessment of guilt.
Definition
Model Rule 3.1 prohibits a lawyer from bringing or defending a proceeding, or asserting or controverting an issue, unless there is a basis in law and fact for doing so that is not frivolous. A claim is frivolous if the lawyer is unable to make a good-faith argument on the merits of the action or for a modification, extension, or reversal of existing law. This standard parallels Federal Rule of Civil Procedure 11, which authorizes sanctions for filings made for improper purposes or without adequate legal and factual support. An exception exists in criminal defense, where every defendant is entitled to plead not guilty and require the prosecution to meet its burden regardless of the lawyer's personal assessment of guilt.
Example
An attorney who files a breach-of-contract lawsuit knowing that no contract ever existed and with no good-faith basis to argue otherwise has asserted a frivolous claim in violation of Rule 3.1 and may face sanctions under Rule 11.