In January 2020, we called for the expansion of Rule 8.4 of the Rules of Professional Conduct, stating that “harassment and discrimination should have no place in our profession.” Since our January editorial, a potential amendment to Rule 8.4(7) is now before the Rules Committee of the Superior Court.

On June 5, 2020, two attorneys presented the Rules Committee with American Bar Association (ABA) Model Rule 8.4(g), which addresses harassment and discrimination in professional contexts. ABA Model Rule 8.4(g) was adopted by the ABA with overwhelming approval in 2016, but is also frequently criticized as overbroad and presenting concerns under the First Amendment.

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