Can a lawyer avoid the obligation to perform a reasonable inquiry by stating allegations are based 'upon information and belief'?

• A. Yes
• B. No
• C. Only with a court order
• D. Only if the client agrees

Answer: (B)

Under the rules governing pleadings, a lawyer who signs a filing certifies that, to the best of their knowledge, information, and belief, formed after reasonable inquiry, the factual contentions have evidentiary support. Saying that allegations are based on information and belief does not waive the duty to conduct a reasonable inquiry. The attorney may plead on information and belief only if there is at least some factual basis obtained through inquiry, client input, documents, or discovery, but the requirement to exercise reasonable inquiry still applies. If there isn’t a reasonable basis, the certification can be false and lead to sanctions. So you cannot avoid the obligation by simply labeling the allegations as information and belief.