Navigating Rule 8.4(g): Addressing Bias and Discrimination

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Bias and discrimination continue to shape workplace dynamics, legal practice, and professional responsibility. This program explores ABA Model Rule 8.4(g), providing lawyers with a deeper understanding of how professional conduct rules address issues of bias, harassment, and discrimination. Participants will gain practical tools for compliance, strategies for navigating complex ethical scenarios, and insight into the ongoing debates around the scope and constitutionality of Rule 8.4(g). This CLE will equip attorneys to recognize, address, and mitigate bias and discrimination in their practice while meeting both ethical and legal obligations.

Understand the Framework:

• Review the text and purpose of ABA Model Rule 8.4(g) and its adoption (or rejection) by state jurisdictions.
• Examine workplace discrimination, harassment, and retaliation.
• Identify Bias and Discrimination Issues.
• What is ethically prohibited conduct under Rule 8.4(g).
• Recognize implicit and explicit bias in legal practice and the courtroom.
• Analyze Constitutional and Practical Concerns.
• Explore First Amendment/free speech challenges to Rule 8.4(g).
• Compare differing state court interpretations and amendments.
• Apply Rules to Practice Scenarios.
• Work through hypotheticals illustrating how bias or discriminatory conduct may trigger both ethics and employment law consequences.
• Discuss attorney discipline cases.
• Promote Inclusive Practice.
• Learn best practices for law firms and in-house counsel to mitigate bias risks.
• Develop strategies for creating inclusive environments while maintaining compliance with professional conduct rules and federal law.

To register for the upcoming live webinar, please check back later.