First Page
331
Date Created
11-12-2023
Publisher
St. Mary's University School of Law
Editor
Julia M. Tillman
Last Page
360
Abstract
The ABA adopted a revision to the Model Rules in 2016, prohibiting harassment and discrimination against a list of protected classes. The Rule, while well-intentioned and targeted at a serious problem, was broadly phrased to include a large category of protected speech and behavior. The Rule has already faced extensive and well-crafted challenges from the perspective of the Free Speech Clause. This article argues that two additional provisions of the First Amendment—the Free Exercise Clause and Freedom of Association—further illustrate the failure of the Rule and the alarmingly wide-ranging effects of such a prohibition on attorney conduct.
Recommended Citation
Nathan Moelker,
Conduct Relating to the Practice of Law: ABA Model Rule 8.4(G) and its History in Light of the Constitution,
13
St. Mary's J. on Legal Malpractice & Ethics
331
(2023).
Available at:
https://commons.stmarytx.edu/lmej/vol13/iss2/5
Included in
Constitutional Law Commons, Law and Society Commons, Legal Ethics and Professional Responsibility Commons
