ISBA Ethics Opinions on Frivolous Arguments | Illinois State Bar Association

Opinion 16-02 | Court Obligations | Frivolous Arguments | Reporting Lawyer Misconduct
Withholding controlling legal authority from a tribunal as trial strategy

A lawyer may not withhold controlling legal authority from a tribunal as a trial strategy to insure reversible error on appeal. Lawyers reading about the contemplated strategy on an online discussion group have no duty to report the posting lawyer.
Opinion 01-06 | Communication With Adverse Person | Frivolous Arguments
Harassment of opposing party and third-persons

While a lawyer may zealously represent the interests of a client, a lawyer must be truthful in dealings with adversaries and third parties and cannot take actions designed merely to harass or burden such other parties.
Opinion 86-10 | Court Obligations | Frivolous Arguments
Lawyer purposefully filing actions in improper venue

A lawyer representing a creditor should not routinely and purposefully file consumer collections actions against debtors in a county where the lawyer knows venue does not properly lie and that no argument exists to support venue.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.

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