States Should Not Follow ABA On Attorney Conduct Rules

Law360 (January 9, 2020, 12:00 PM EST) -- The American Bar Association does not appear to have quite finished with its program of using its Model Rules of Professional Conduct as a cultural bludgeon. In the Winter 2019-2020 issue of the ABA Journal, an article appeared promoting yet another new model rule that “would recognize a lawyer’s professional responsibility to promote equality in society generally” and “diversity in the legal profession specifically.”

The terms “equality” and “diversity,” of course, are never defined — and how, exactly, a lawyer is supposed to promote either is not explained. But, according to the author, such a rule is “the next logical step” in...

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