ABA provision makes harassment and discrimination ‘professional misconduct’
ABA provision makes harassment and discrimination ‘professional misconduct’
The Florida Bar has had a similar rule since 1994
The ABA has adopted a resolution to classify harassment or discrimination in the practice of law professional misconduct subject to disciplinary action.
While the proposal drew widespread interest in the legal profession and division among ABA entities during the past few months, recent changes, including incorporating a knowledge requirement in the specific language of model Rule 8.4, served to bring near unanimous agreement in the final vote at the August ABA Annual Meeting in San Francisco.
More than 70 ABA members signed up to speak on behalf of the revised proposal, while none spoke against it. The ABA House of Delegates approved the change by voice vote with only a few members voting “no.”
The resolution that revised Rule 8.4 specifically addresses harassment and discriminatory conduct by a lawyer based on race, religion, sex, disability, LGBTQ status, and other factors when such conduct is related to the practice of law. Previously, language covering such behavior was included in a comment to the model rule but was not considered as authoritative as specific language.
Myles V. Lynk of Arizona, chair of the ABA Standing Committee on Ethics and Professional Responsibility, noted that 25 jurisdictions across the country have adopted similar language to the Rule 8.4 revision. His standing committee led the push for the change.
“The states have not waited for the ABA to act,” Lynk said in House debate. “They have been laboratories of change…. It is time for the ABA to catch up.”
The Florida Bar implemented a rule addressing harassment and discriminatory conduct by lawyers in 1994, according to Lori Holcomb, director of the Bar’s Ethicsand Consumer ProtectionDivision. Rule 4-8.4(d) states: “A lawyer shall not.. . engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic.”
ABA model rules, which support professional standards, serve as guides for state regulatory bodies that govern the legal profession. ABA model rules carry no licensing authority per se.
