A Speech Code for Lawyers? An Appraisal of Tennessee’s Proposed RPC 8.4(g)

Co-Sponsored by: The Greater Memphis chapter of the Christian Legal Society and The Memphis Lawyers Chapter of the Federalist Society

Speaker: 

• Michael P. Schutt - Associate Professor, Regent University School of Law

The ABA adopted Model Rule of Professional Responsibility 8.4(g) in August 2016. The new model rule is effective only if adopted by the state. By the end of 2017, only one state, Vermont, had adopted the new rule. In the view of many, ABA Model Rule 8.4(g) is a speech code for lawyers, creating more problems than it solves. The Tennessee Supreme Court is in the process of determining whether to adopt ABA Model Rule 8.4(g). The ABA claims that twenty-four states already have a black-letter rule like Model Rule 8.4(g), but that claim is not accurate. Twenty-four states have a rule that addresses "bias" in some way, but no state, except Vermont, has a rule as overly broad in scope as ABA Model Rule 8.4(g). Thirteen states have a more restricted comment rather than a black-letter rule. The remaining fourteen states have neither a comment nor a black-letter rule.

This one-hour CLE will explore the advertised benefits and potential dangers of the 8.4(g).

Lunch $10 per person - Please RSVP to Jay Lifschultz, [email protected].