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12
standards under the law. My understanding is that
frivolity is the standard for, for example, rule 11
sanctions.
Q. Is it unethical to include, in your opinion,
to include allegations in a pleading for the purpose of
generating publicity?
A. If that's the only purpose, sure, that it
would be inappropriate.
Q. And is it unethical to make allegations
without having done a reasonable investigation to
satisfy -- for the attorney to satisfy himself or
herself that there's a factual basis for the
allegations?
A. Something along those lines, sure.
Q. As a general matter, you agree with that
proposition?
A. Yes, sure.
Q. Would you agree that the scope of the
investigation, the reasonable investigation an attorney
must do, varies depending upon the nature of the
allegations being made?
A. Sure, yes.
Q. Let me finish -- we are both speaking at the
same time --
A. Sure.
ROUGH DRAFT ONLY
HOUSE_OVERSIGHT_021835
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