Litigation and Other Forms of Advocacy

Only when 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.

No. An action is not frivolous merely because the lawyer believes the client's position will not ultimately prevail; it is frivolous only if it lacks any non-frivolous legal or factual basis.

A lawyer may make a good-faith argument and may take action that further investigation might support, but cannot assert a position with no non-frivolous basis simply hoping discovery will later supply one.

Rule 3.1 expressly permits a lawyer for the defendant in a criminal case (or any case that could result in incarceration) to so defend the proceeding as to require that every element be established, even without a non-frivolous defense.

A lawyer must make reasonable efforts to expedite litigation consistent with the interests of the client.

No. Realizing financial or other benefit from otherwise improper delay is not a legitimate interest of the client and does not justify delay under Rule 3.2.