LSBA Rules of Professional Conduct Committee Seeking Written Comments on ABA Model Rule 8.4(g)


Written comments from the public and LSBA membership at-large will be accepted for a period of 60 days. The comment period runs from July 19 through Sept. 16.

On Aug. 8, 2016, the American Bar Association’s (ABA) House of Delegates adopted a new ABA Model Rule 8.4(g), making it “. . . professional misconduct for a lawyer to: (g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law . . . .”

Since then, a subcommittee of the LSBA's Rules of Professional Conduct Committee (the Rule 8.4(g) Subcommittee) has been charged with studying current ABA Model Rule 8.4(g), along with the current rules and relevant case law of all other U.S. jurisdictions. The Subcommittee has recently made a report and recommendation to the LSBA Rules of Professional Conduct Committee, summarized in an “executive summary.”

The LSBA Rules of Professional Conduct Committee has not yet taken any position on the Subcommittee’s recommendation but has chosen to seek written comments from the public and LSBA membership at-large for a period of 60 days. The comment period began on July 19 and will be open through Sept. 16.

Anyone wishing to comment on the Rule 8.4(g) Subcommittee’s recommendation should email written comments to: “SUBJECT: Rule 8.4(g) Subcommittee Recommendation” c/o RLemmler@lsba.org. (Comments also may be mailed to: “Attn: Rule 8.4(g) Subcommittee Recommendation,” c/o Richard P. Lemmler, Jr., Ethics Counsel, Louisiana State Bar Association, 601 St. Charles Ave., New Orleans, LA 70130.)

Be advised that any comments submitted will be considered public and, as such, may be published on the LSBA’s website and/or may become a matter of public record.


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