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Your Help Needed: Proposed Rule 8.4(g)

Wednesday, September 19, 2018 12:21 PM | Anonymous

NHWBA President Christina Ferrari, board member Lindsay Nadeau, and others were on hand last Friday as the New Hampshire Supreme Court’s Advisory Committee on Rules considered language changes to Proposed Rule 8.4(g), which would prohibit discriminating and harassing conduct by attorneys.

During the meeting, the Advisory Committee voted 12-3 to send the following proposed language to the Supreme Court:

“(g) engage in conduct while acting as a lawyer in any context that a lawyer knew, or reasonably should have known, is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, physical or mental disability, age, sexual orientation, marital status, or gender identity. Statutory or regulatory exemptions, based upon the number of personnel in a law firm, shall not relieve a lawyer of the requirement to comply with this Rule. This paragraph shall not limit the ability of the lawyer to accept, decline or withdraw from representation consistent with other Rules, nor does it infringe on any Constitutional right of a lawyer, including advocacy on matters of public policy, the exercise of religion, or a lawyer's right to advocate for a client.”

While this proposed language is very close to the language that the NHWBA was advocating for, the NHWBA still needs your help to ensure that the Supreme Court votes to implement this language! We need as many people as possible to testify and write letters, articles, etc. in support of this version of the Proposed Rule. In addition, the Advisory Committee indicated that it wants a brief from interested parties on this proposed language. We do not yet know when the next hearing will take place, or when the brief will be due, but if you are interested in assisting the NHWBA in this effort, please contact NHWBA President, Christina Ferrari, at (603) 665-8827 or cferrari@bernsteinshur.com. We will keep you updated on this very important issue.

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New Hampshire Women's Bar Association
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