Tuesday, July 19, 2022

The type of conduct that would be subject to discipline under Model Rule 8.4(g)

Two different stories from California illustrate the type of conduct that could be subject to discipline under Model Rule 8.4(g) (or similar state versions).  (Go here for my comments on the debate about this rule.)  The first one, however, would not require the adoption of such a rule because it would be subject to discipline anyway.

The first story (here) involves an attorney making a sexist comment in court, which could be subject to discipline under a rule barring conduct that is prejudicial to the administration of justice (see MR 8.4(d)).

The second story (here) involves conduct outside the practice of law but "related to the practice of law" as defined by rules like MR 8.4(g).  It involved conduct by an attorney at a law firm party/event which resulted in a sexual harassment suit filed against the lawyer.

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