Cross & Gavel Audio

In early August, the American Bar Association's House of Delegates will vote on a proposed amendment to Rule 8.4 of the Model Rules of Professional Responsibility. The amendment would subject lawyers to professional discipline for "harassment" or "discrimination," even if the conduct was unintentional or committed unknowingly, and even if the harassment or discrimination is not prejudicial to he administration of justice.  The rule proposes that any conduct "related to the practice of law," including running a law firm, representing a client, or engaging in social conduct as a lawyer, would fall under the rule. The rule also expands the classes against which unknowing "discrimination" is prohibited to include "socioeconomic status," "gender identity," and "sexual orientation." Given the current cultural winds, this rule is a dangerous minefield for lawyers, particularly those who don't see "gender identity" or "sexual orientation" as cultural "causes" to be celebrated. Brad Abramson, Senior Counsel with the A