What is required for a lawyer to avoid bringing a frivolous claim?

To avoid bringing a frivolous claim, a lawyer must have a good faith basis in both law and fact. This means that the attorney should genuinely believe that there is a reasonable argument supporting the legal merits of the claim and that the factual assertions made in pursuit of the claim are grounded in reality.

A good faith basis serves to protect both the legal process and the interests of the opposing party. If a lawyer files a claim without such a basis, it could be considered frivolous, which may lead to sanctions or penalties under professional responsibility rules. This requirement emphasizes the importance of diligence and integrity in the practice of law, reinforcing the ethical duty lawyers have to avoid abusing the legal system.

The other options do not correctly reflect the professional standards regarding frivolous claims. For example, an open intent to win at all costs may lead to unethical behavior or tactics that could compromise the fairness of the legal process. Written approval from a governing authority is not a requisite element for evaluating the merit of a claim, as it is the attorney's responsibility to assess the validity of the claims they bring forth. Additionally, obtaining a second opinion from another attorney, while sometimes beneficial, does not guarantee that the claim is not frivolous; the original attorney must hold their own understanding