Nemacolin Woodlands Resort
1001 Lafayette Dr,
Farmington, PA 15437
Thomas Wilkinson of the Litigation Department presents on a panel titled "Can We Rule Out Harassment and Discrimination in the Practice of Law? Assessing the Scope and Application of the New Model Rule" at the Pennsylvania Bar Association Civil Litigation Section Retreat. With topics such as forensic science in civil cases, liability avoidance and employment law, the PBA Civil Litigation Section 2017 Retreat gives attendees the opportunity learn, to connect with colleagues and to enjoy the beauty of Nemacolin Woodlands and the Laurel Highlands.
Thomas's panel will discuss the new ABA Model Rule 8.4(g), which makes it professional misconduct for a lawyer to engage in harassment or discrimination in the practice of law on the basis of race, sex, religion, age and other protected classifications. The Supreme Court and the Disciplinary Board are considering whether to adopt the Model Rule or some variant of the rule in Pennsylvania. The majority of other states already have rules or comment language prohibiting harassment or discrimination and others are actively considering adoption of the new Model Rule. The panel will review the background on adoption of the Model Rule and the Unified Judicial System (UJS) policy on nondiscrimination in place for all UJS personnel and discuss what types of conduct may violate the rule if implemented. The panel will also address whether the rule extends to law related activities such as bar association and firm marketing activities not involving the representation of a client and the connection between the rule and substantive employment law governing harassing or discriminatory conduct in the workplace. In addition, the panel will discuss what role lawyer violations of substantive law in this area would play in the disciplinary context.
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