Anti-Discrimination Ethics Rule Ought to Be Upheld

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In 2016, the American Bar Association passed an amendment to Model Rule 8.4 (Misconduct) in order to commit professional misconduct and thus a disciplinary violation. “Behavior that the attorney knows or reasonably should know is harassment or discrimination based on race, gender, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socio-economic status in connection with the exercise of the law . This paragraph does not limit an attorney’s ability to accept, decline, or resign from representation under Rule 1.16. This paragraph does not preclude legitimate advice or endorsement consistent with these rules. “In the report submitted to the ABA House of Representatives on the resolution, which is not part of the ABA policy itself, it was stressed that while there must be a certain“ link ”with legal practice, the ethical prohibitions apply to activities in the workplace and on Bar associations to be expanded.

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