Lawyers' Identities, Client Selection and the Antidiscrimination Principle: Thoughts on the Sanctioning of Judith Nathanson
9 Pages Posted: 15 Dec 2011 Last revised: 28 Dec 2011
Date Written: 1998
The Author discusses how the Massachusetts Commission Against Discrimination might justifiably apply the Public Accommodations Statute to the client selection practices of some, perhaps many, lawyers. But it should leave Judith Nathanson alone. Nathanson's decision to represent only women in divorce cases is protected by the First Amendment, not because she is entitled as a lawyer to indulge whatever biases she chooses in her selection of clients, but because, as a lawyer of integrity who has melded her personal values and professional skills in service to the profession's best ideals, she is entitled to represent her chosen clients as she sees fit.
Keywords: antidiscrimination, Judith Nathanson, client selection, ethics and professional responsibility
Suggested Citation: Suggested Citation