The ABA Was Dead Wrong About Model Rule 8.4(g)

Law360 (October 12, 2018, 2:53 PM EDT) -- In the summer of 2016, the American Bar Association adopted Model Rule 8.4(g), its controversial anti-discrimination and harassment rule for lawyers. It then engaged in an aggressive campaign urging all state supreme courts to add the new model rule to their states’ Rules of Professional Conduct.

However, more than two years after the ABA adopted Model Rule 8.4(g), Vermont stands alone as the only state to have adopted it. Many other states have considered the rule but taken no action to enact it. And the supreme courts of four states — South Carolina, Tennessee and most recently Arizona and Idaho —...

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