id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-22852	Hart, Ashley	Sexism "Related to the Practice of Law": The ABA Model Rule 8.49(g) Controversy	2018	31	.pdf	application/pdf	14453	701	52	In the continued drafting of Resolution 109, the ABA did consider the implications surrounding a lawyer’s First Amendment rights and ensured there were special revisions to the amendment to safeguard against misapplication.232 According to Myles Link, Chair of the ABA Standing Committee on Ethics and Professional Responsibility, the ABA was simply asking the organization to pass an anti-harassment and discrimination provision that has already been adopted as part of the Criminal Justice Standards for Prosecution Function, the Standards for Defense Function, and the Model Code of Judicial Conduct.233 It would follow that the ABA adoption of Resolution 109 was merely a natural progression of a trend in regulating the practice of law to comply with the ABA’s aforementioned goals.234 In order to alleviate fears that frivolous or voluminous complaints would be filed under this rule, the Honorable Louraine C. Arkfeld writes there is no current documented evidence of such abuse of the rule within the states already working under similar provisions to ABA Model Rule 8.4(g).235 Finally, the final last minute addition of a scienter requirement to Resolution 109, which states that a lawyer cannot be punished for conduct he did not subjectively know was harassment or discrimination, granted an extra outlined protection under the rule.2 3 6 It was this last push that solidified vital support from additional committees within the ABA as well as the SCEPR itself, contributing to a nearly unanimous passage of Resolution 109.237 Further concerns raised regarding a lawyer’s freedom to choose clients, maintain religious protection, utilize peremptory challenges in the courtroom, and engage in legitimate zealous advocacy on behalf of the client are ensured as explicit exceptions within ABA Model Rule 8.4 and its (g) provision.238 Though the newly amended rule may not be the entire answer to solving harassment and discrimination in terms of gender bias along with other protected groups, the ABA maintains a compelling interest to maintain the ability to regulate the profession, establish renewed confidence in the legal system, and instill an expectation that lawyers understand the integrity of their calling.239 Such compelling interest has been illustrated in cases such as Florida Bar v. Went For It, Inc., in which the U.S. Supreme Court documented a “broad power” that allows states to determine standards of regulating licensure and practice of professions such as law.240 Though lawyers are not asked to give up freedoms 231. The ABA works to craft model rules of professional responsibility to establish guidelines within legal practice.9 The NAWL’s 5,200 female-member pool advocated for a specifically outlined anti-harassment and discrimination provision to be included within the existing Model Rule of Professional Conduct 8.4 Misconduct (ABA Model Rule 8.4)10 as a remedial effort to prevent sexism in the profession.11 The ABA Standing Committee on Ethics and Professional Responsibility (SCEPR) sponsored the development of the official language for the amendment proposal to change ABA Model Rule 8.4.12	cache/inlawrev-22852.pdf	txt/inlawrev-22852.txt