Rule 3.1 of the Model Rules of Professional Conduct, promulgated by the American Bar Association, provides in part: “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 …” While the wording of rules governing lawyers may vary slightly from state to state, the mandate that a lawyer not engage in frivolous litigation (and not waste the time and resources of courts) is at the heart of the professional obligations of all lawyers.
This obligation explains why reputable, well-known law firms have refused to engage in, or have withdrawn from, the pursuit of Trump lawsuits alleging that there was massive voter fraud in the presidential election, an assertion that has been shown repeatedly to have no basis in fact. It also makes clear that Rudy Giuliani and the lawyers working with him should be subject to disciplinary sanctions by the courts of the states in which they are licensed to practice law.
