By now I am sure readers of this blog are familiar with Model Rule 8.4(g) and the debate on whether it would survive a Constitutional attack on First Amendment grounds. (Pennsylvania's version of the rule was declared unconstitutional and a challenge has been filed in Connecticut.)
Now comes news that the Nebraska Supreme Court has circulated for comment a proposed amendment to the state's Rule 8.4 which adopts much, but not all, of the language in Model Rule 8.4(g).
Unfortunately, it does so in a way that also leave it open to the same type of Constitutional challenge. States should look at the proposal in New York, which has not been officially adopted yet, for a better alternative that minimizes the rule's Constitutional vulnerability.
To read all my posts about this topic, including posts on the Model Rules itself, the cases in Pennsylvania and Connecticut and the proposal in New York, go here and scroll down for all the stories.
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