Should States Narrow Atty Bias Rules To Avoid 'Quagmire'?

Law360 (June 2, 2021, 4:17 PM EDT) -- Seeking an exit from the "constitutional quagmire" of the American Bar Association's anti-bias rule, a First Amendment scholar urged state regulators Wednesday to narrow their proposed versions of the rule to account for future legal challenges.

Participating in a panel organized as part of the annual conference by the ABA's Center for Professional Responsibility, Jason DeSanto of Northwestern University School of Law argued that even though Model Rule 8.4(g) was designed to police serious acts of harassment and discrimination by attorneys, it nevertheless raises the risk of chilled speech by and among lawyers.

As such, the rule's language is likely to...

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