The American Bar Association is going to be considering an amendment to Rule 8.4 making it an ethical violation to discriminate. How can anyone argue with that? On the other hand, how far down that slippery slope are we ready to go?
The proposal is to adopt language outlawing “knowingly” harassing or discriminating against anyone while engaged in the practice of law. That means that not only will it be a clear ethical violation to speak in a condescending fashion to a woman attorney during a deposition (for which a lawyer was disciplined in another state a few weeks ago when he said her conduct was “unbecoming”), but also that boorish behavior at a holiday party might result in a trip to the grievance committee.
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