Counsel has a positive obligation, correlative to the duty not to mislead the court, to take all necessary steps to ensure a proper factual basis for submissions. The word 'proper' means 'reasonable' and requires critical evaluation of proposed contentions. This obligation is not one of strict liability but requires fault in the form of carelessness or negligence. In sufficiently serious cases of carelessness, a finding of professional misconduct (rather than merely unsatisfactory professional conduct) is open, even absent intention or recklessness. The standard of care varies with circumstances including the seriousness of the allegation, the practitioner's personal knowledge of the facts, and available resources.
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