Regulating Attorney Speech: A Debate

Columbus Lawyers Chapter

Speakers: 

• Daniel P. Tokaji, Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State Univeristy Moritz College of Law
• George W. Dent, Jr., Professor of Law, Case Western Reserve University School of Law 

Speakers: 

• Daniel P. Tokaji, Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Moritz College of Law 
• George W. Dent, Jr., Professor of Law, Case Western Reserve University School of Law

The American Bar Association recently amended its Model Rules of Professional Conduct.  New Model Rule 8.4(g) provides, in relevant part:

It is professional misconduct for a lawyer to: . . . engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.

A comment to the rule states:

Discrimination and harassment by lawyers in violation of paragraph (g) undermine confidence in the legal profession and the legal system. Such discrimination includes harmful verbal or physical conduct that manifests bias or prejudice towards others.(emphasis added)

Would this rule, if adopted, illegally or improperly burden attorneys’ speech and association rights?  Is it a needed anti-discrimination measure?  Please join the Columbus Lawyers Chapter of the Federalist Society for a debate. 

Click here to RSVP by December 2 to gurantee your seat, meal, and pre-printed nametag. 

Call Ben Flowers at (614) 281-3647 or email [email protected] with any questions. 

To join or renew your dues for the Columbus Lawyers Chapter, please pay the dues through the Eventbrite website or bring a check for an additional $25 payable to The Federalist Society. 

 

*Application is pending approval by the Ohio Supreme Court Commission on CLE for 1.25 hours of general credit. This seminar will provide Ohio CLE credit only.