The American Bar Association’s policy-making body is scheduled to vote on Monday on an amendment to its model rules of professional conduct that would prohibit harassment and discrimination by lawyers in the course of practicing law, the New York Times DealBook reported today. Bar associations in 23 states and the District of Columbia already have some kind of protections against harassment and discrimination by lawyers in the conduct of their profession, but the proposal would establish a standard nationwide. But critics of the proposal argue that a rule would inhibit lawyers from speaking freely on behalf of their clients and circumscribing the way they run their practice. Most businesses have rules against harassment and discrimination. Yet the legal profession as whole lacks a flat ban on such behavior. Supporters of the proposal say that while there is no way to track the frequency of such comments and actions, they happen often. Lawyers, they say, use such behavior as a tactic to fluster or intimidate opposing counsel.
