Can We Define “Frivolous?”

Contact: Keith A. Call 

Originally appeared in the Utah State Bar Journal Nov/Dec 2019.

Most authorities agree that the test for defining “frivolous” is an objective one. Courts have generally applied one of two objective tests. The “reasonable lawyer” test asks whether a reasonable
lawyer would have made such an argument in good faith. And the “rational basis” asks whether the outcome is beyond doubt under any conceivable argument. Read full article > > >

 

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