September 2017
Status – The Louisiana State Bar Association Rules of Professional Conduct Committee is considering a proposed rule change and is accepting comments through September 16, 2017
On September 14, 2017, U.S. News and World Report reported on the Louisiana Attorney General's opinion. Click here to read the article.
On September 8, 2017, Jeff Landry, the Attorney General for the State of Louisiana, issued an opinion concluding that both ABA Model Rule 8.4(g) and the Louisiana State Bar Association's proposed Rule 8.4(h) violate the First and Fourteenth Amendments of the United States Constitution. Click here to read the AG's opinion.
August 2017
Christian Legal Society filed a comment letter with the Louisiana State Bar Association on August 14, 2017. Click here to read CLS' comment letter.
Louisiana is now considering adopting ABA Model Rule 8.4(g). A subcommittee of the Louisiana State Bar Association's Rules of Professional Conduct Committee ("Rules Committee") studied the ABA Model Rule 8.4(g), along with rules of other U.S. jurisdictions, and made a report and recommendation to the Rules Committee. The report and recommendation is summarized in an executive summary. While the Rules Committee has not yet taken a position on the recommendation, the Rules Committee is seeking written comments through September 16, 2017.
Current Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(d) engage in conduct that is prejudicial to the administration of justice
Recommendation of Subcommittee for Potential New Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(h) engage in conduct in connection with the practice of law that the lawyer knows or reasonably should know involves discrimination prohibited by law because of race, color, religion, age, gender, sexual orientation, national origin, marital status, or disability. This Rule does not prohibit legitimate advocacy when race, color, religion, age, gender, sexual orientation, national origin, marital status, or disability are issues, nor does it limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16.