Which statement best describes when you can rely on your client's version of facts as evidentiary support for Rule 11(b)(3) obligation?

Which statement best describes when you can rely on your client's version of facts as evidentiary support for Rule 11(b)(3) obligation?

• A. You may rely on the client's account without questioning
• B. Your client’s account must be sworn in an affidavit
• C. You must thoroughly question the client and the account must be objectively reasonable
• D. You may rely on the client’s account only if the court approves

Answer: (C)

Rule 11(b)(3) requires that factual contentions have evidentiary support or will likely have such support after investigation, and that the investigation be reasonable under the circumstances. This means you can’t just accept the client’s statements at face value—you must perform a reasonable inquiry into the facts. The best fit is that you thoroughly question the client and ensure the account is objectively reasonable, meaning a reasonable attorney would believe the facts are supported after investigation. Sworn affidavits, while helpful, aren’t required by Rule 11, and court approval isn’t a condition for satisfying this obligation.

Rule 11(b)(3) requires that factual contentions have evidentiary support or will likely have such support after investigation, and that the investigation be reasonable under the circumstances. This means you can’t just accept the client’s statements at face value—you must perform a reasonable inquiry into the facts. The best fit is that you thoroughly question the client and ensure the account is objectively reasonable, meaning a reasonable attorney would believe the facts are supported after investigation. Sworn affidavits, while helpful, aren’t required by Rule 11, and court approval isn’t a condition for satisfying this obligation.