Iowa R. Prof'l Conduct 32:3.1

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.

Comment

[1] The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but

also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the

limits within which an advocate may proceed. However, the law is not always clear and never is

static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law’s

ambiguities and potential for change.

[2] The filing of an action, defense, or similar action taken for a client is not frivolous merely

because the facts have not first been fully substantiated or because the lawyer expects to develop vital

evidence only by discovery. What is required of lawyers, however, is that they inform themselves

about the facts of their clients’ cases and the applicable law and determine that they can make good

faith arguments in support of their clients’ positions. Such action is not frivolous even though the

lawyer believes that the client’s position ultimately will not prevail. The action is frivolous, however,

if the lawyer is unable either to make a good faith argument on the merits of the action taken or

to support the action taken by a good faith argument for an extension, modification, or reversal of

existing law.

[3] The lawyer’s obligations under this rule are subordinate to federal or state constitutional law

that entitles a defendant in a criminal matter to the assistance of counsel in presenting a claim or

contention that otherwise would be prohibited by this rule.

[4] When an applicable rule or order prohibits an appellate attorney from withdrawing on the

ground that the appeal is frivolous, the lawyer is permitted to advocate grounds on appeal that the

lawyer believes are ultimately without merit. The lawyer must, of course, comply with the remaining

rules of this chapter, including rule 32:3.3.