Pennsylvania lawyers will be faced with an opportunity to address a recent amendment to the Model Rules of Professional Conduct dealing with harassment and discrimination. If the amendment—Model Rule 8.4(g)—is adopted in Pennsylvania, it would represent a significant addition. Anticipating that such a rule would not be adopted without significant debate, I write this article to give some historical perspective on changing professionalism and to offer some commentary on Model Rule 8.4(g).
In 1908, the House of Delegates of the American Bar Association adopted the first national standards of professional conduct for the legal profession; The Canons of Ethics. The canons focused on what were perceived to be the fundamental issues of professionalism of the time: the duty of lawyers to the courts, the obligations of candor and fairness and the concern about upholding the honor of the profession. Advertising, either direct or indirect, was considered “intolerable” and anything beyond handing out a tasteful business card was considered “per se improper.” While there was reported debate on many of the canons, it was likely beyond the comprehension of those lawyers in 1908 to think that a code of conduct for lawyers would include issues such as legal advertising, sex with clients, sexual harassment and discrimination. But, times do change.
