Friday, November 29, 2019

Comment on Model Rule 8.4(g)

As you probably know, the recently adopted Model Rule 8.4(g) has generated a lot of debate.  Some states have rejected it, a handful have adopted it.  Most have retained similar rules they had adopted before the ABA adopted its Model Rule.  The controversy originates in the fact that the Model Rule may result in the imposition of discipline for protected speech outside the practice of law based on a standard of negligence.

Last month I reported that New Mexico recently adopted the text of the Model Rule.  I am writing again about this today because the blog Louisiana Legal Ethics just published a comment on the developments in New Mexico, and on the ABA Model Rule rule, in which the author concludes that Louisiana should not adopt the Model Rule or adopt a simpler anti-discrimination standard.  The comment is short, but worth reading.  You can find it here.

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