Thursday, October 24, 2019

New Mexico becomes third state to adopt Model Rule 8.4(g)

Long time readers of this blog know that I have been following the developments on Model Rule 8.4(g) way back since it was proposed in 2016.  Go here and scroll down to see my posts, in reverse chronological order.

As you probably remember, Model Rule 8.4(g) has generated a very robust debate, and has proven to be controversial because, at least as originally adopted by the ABA, some argue the rule imposes a threat of discipline for protected speech outside the practice of law based on a standard of negligence.

Since its adoption by the ABA in 2016, nine or ten jurisdictions have rejected adopting the Model Rule while only two have adopted it.  The state that adopted it most recently (Maine) adopted it after making several important amendments.  See here.  Reportedly, Missouri, and Colorado have also amended their rules to reflect some aspect of the Model Rule, but I have not seen the extent of these amendments.

I am writing about this today because I just read a short announcement in Bloomberg Law stating that New Mexico has formally adopted Model Rule 8.4(g).

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