New York’s New Disciplinary Rule against Harassment and Discrimination in Law Practice

In June, the New York judiciary adopted one of the most far-reaching disciplinary rules in the nation prohibiting discrimination and harassment, including sexual harassment, in the practice of law. But the journey to that adoption has gone on for nearly 30 years and has divided courts and bar groups nationwide. The Third Circuit is expected to decide a test case on the constitutionality of Pennsylvania’s version of the rule later this year.

Stephen Gillers is the Elihu Root Professor of Law and Barbara Gillers is an Adjunct Professor of Law, both at New York University School of Law.

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Reference List for Podcast #17: New York’s New Disciplinary Rule against Harassment and Discrimination in Law Practice

New York Rule of Professional Conduct 8.4(g), adopted June 10, 2022, showing changes from the old rule, available here: http://ww2.nycourts.gov/rules/jointappellate/index.shtml

ABA Model Rule 8.4(g) available here:
https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_p rofessional_conduct/rule_8_4_misconduct/

ABA Formal Opinion 493 Model Rule 8.4(g): Purpose, Scope, and Application (July 15, 2020)

ABA Comparison Chart on Adoption of Model Rule 8.4, available here:
https://www.americanbar.org/groups/professional_responsibility/policy/rule_charts/

Stephen Gillers, A Rule to Forbid Bias and Harassment in Law Practice: A Guide for State Courts Considering Model Rule 8.4(g), 30 Geo. J. Legal Ethics 195 (2017)

Pennsylvania Rule of Professional Conduct 8.4(g), available here:
https://www.padisciplinaryboard.org/for-attorneys/rules/rule/3/The%20Rules%20of%20Professional%20Conduct

Greenberg v. Goodrich, 2022 WL 874953 (E.D. Pa. 2022).