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More on the ABA’s Threat to Free Speech

John J. Park, Jr. June 19, 2017
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In my post of May 9, 2017 regarding the ABA’s new Model Rule 8.4(g), I noted the breadth of the new rule. It would make it professional misconduct for a lawyer to, among other things, “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.” Proposed new Comment 4 illustrates the broad reach of the new rule. It explains that the range of activities related to the practice of law includes, but is not limited to, “participating in bar association, business or social activities undertaken in connection with the practice of law.” [Read More]

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professional censored speech

The ABA’s Garbled View of Free Speech

John J. Park, Jr. May 09, 2017
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In 2011, Florida enacted the Firearm Owners’ Protection Act, which as Joseph Greenlee has written “protect[s] patients from unethical practices of licensed physicians,” who were intrusively asking patients whether they own a firearm, even when such ownership had nothing to do with the purpose of the patient’s treatment. In pertinent part, the Act states that medical professionals “should refrain from making a written inquiry or asking questions concerning the ownership of a firearm or ammunition by the patient or by a family member of the patient, or the presence of a firearm in a private home” unless they in “good faith believe[] that this information is relevant to the patient’s medical care or safety, or the safety of others.” Fla. Stat. § 790.338(2). Another provision prevents medical professionals from “discriminat[ing] against a patient based solely” on the patient’s ownership or possession of a firearm. Fla. Stat. § 790.338(5). [Read More]

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Accreditation Overreach Part 2: Forcing Affirmative Action on Colleges and Universities

Montana Legislature Passes Joint Resolution Declaring New ABA Rule 8.4(G) Unconstitutional

John J. Park, Jr. April 17, 2017
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In October 2016, the Supreme Court of Montana proposed the adoption of ABA Rule of Professional Conduct 8.4(g). That new rule, which the ABA adopted at its 2016 annual meeting, would make it 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.” New comment (g)(4) defines conduct related to the practice of law to include “representing clients; interacting with witnesses, coworkers, court personnel, lawyers and others while engaged in the practice of law; operating or managing a law firm or law practice; and participating in bar association, business or social activities in connection with the practice of law.” [Read More]

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Should Bar Disciplinary Committees Conduct Political Fact-Checking?

Maya Noronha March 02, 2017
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On February 20, fifteen law professors submitted a complaint to the D.C. bar seeking discipline of Kellyanne Conway for public comments she made in television interviews during her first month as Counselor to the President. These professors based their challenge on specific statements Conway made about observers of the presidential inauguration, a supposed Bowling Green massacre, the Iraqi refugee program, and Ivanka Trump’s clothing line. [Read More]

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Texas State Bar Racial and Gender Quotas Head to Court

Michael Connolly December 06, 2016
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In a recent ad, the State Bar of Texas announced that it is accepting applications for an open position on its Board of Directors. As required by Texas law, however, the State Bar is refusing to consider any attorney who is not “female, African-American, Hispanic-American, Native American, or Asian-American.”

On Monday, Greg Gegenheimer, a family-law attorney in Austin, filed a civil-rights suit against the State Bar in the Western District of Texas. Mr. Gegenheimer, a white male, alleges that the State Bar is violating the Equal Protection Clause by excluding him from consideration for the open position based on his race and sex. Mr. Gegenheimer’s lawsuit is being supported by the Project on Fair Representation, the organization that successfully challenged the constitutionality of Section 4(b) of the Voting Rights Act in Shelby County v. Holder.

Mr. Gegenheimer’s complaint is available here.

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Michael Connolly is Counsel at Consovoy McCarthy Park PLLC.