To my knowledge, there is no proposed rule change in Pennsylvania, but the American Bar Association’s Committee on Professional Responsibility has proposed a new model rule. That rule would be entitled Rule 8.4(g). This rule would directly prohibit any discriminatory conduct or harassing conduct in the law office or practice of law by a lawyer and make it a professional violation if it occurred.
The rule that is being considered—still at the proposal stage—seems to make it a disciplinary violation if the discriminatory or harassing conduct occurred in the law firm or in the law practice. It does not appear to be the basis of discipline for a lawyer who engaged in discriminatory or harassing conduct outside the law office or outside the practice of law. Further, in the comment, there does appear to be some prohibition if there is any issue of First Amendment or speech.
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