A Rule to Forbid Bias and Harassment in Law Practice: A Guide for State Courts Considering Model Rule 8.4(g)

46 Pages Posted: 3 Jun 2017

See all articles by Stephen Gillers

Stephen Gillers

New York University School of Law

Date Written: June 2, 2017

Abstract

After twenty-two years of failed efforts to add a rule forbidding bias and harassment in law practice to the American Bar Association’s Model Rules of Professional Conduct, the ABA’s House of Delegates approved one by voice vote in August 2016. Model Rule 8.4(g) will now move to the states. The goal of this Article is to aid state courts and bar groups as they debate whether to adopt Rule 8.4(g) as is, with changes, or not at all. Their deliberations should assess earlier ABA efforts to pass an anti-bias and anti-harassment rule, similar provisions now in the rules of American jurisdictions, and the legislative history of Rule 8.4(g) itself. Anti-bias and anti-harassment provisions in the ABA’s Code of Judicial Conduct will offer guidance. This Article discusses each of these sources of information and then identifies at least ten issues that must be addressed as the states review Rule 8.4(g). The Article also addresses objections to Rule 8.4(g) from religious communities and challenges under the First Amendment’s Speech Clause.

Suggested Citation

Gillers, Stephen, A Rule to Forbid Bias and Harassment in Law Practice: A Guide for State Courts Considering Model Rule 8.4(g) (June 2, 2017). Georgetown Journal of Legal Ethics, Vol. 30, No. 195, 2017. Available at SSRN: https://ssrn.com/abstract=2979495

Stephen Gillers (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
178
Abstract Views
563
rank
166,726
PlumX Metrics