6 Reasons States Should Shun ABA Attorney Misconduct Rule

Law360, New York (September 8, 2016, 10:17 PM EDT) -- At its 2016 Annual Convention, the American Bar Association amended Rule 8.4 of the ABA Model Rules of Professional Conduct, the code of ethics that governs attorney behavior.

The amendment adds a new subsection to the attorney misconduct rule, subjecting attorneys to professional discipline for engaging in "conduct related to the practice of law" that a "lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age sexual orientation, gender identity, marital status or socioeconomic status."

The adopted change sweepingly defines "conduct related to the practice of law" as including...

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