State Bar & Bar Associations,
Law Practice,
Ethics/Professional Responsibility
Jul. 24, 2020
Distinguishing between discrimination and advocacy
The ABA recently issued an ethics opinion to clarify the line between legitimate advocacy and conduct that would violate Model Rule 8.4(g).
David M. Majchrzak
Partner
Rosing Pott & Strohbehn
Litigation, Legal Ethics
501 W Broadway A380
San Diego , CA 92101-3584
Email: dmajchrak@rosinglaw.com
Thomas Jefferson School of Law
David practices in the areas of legal ethics and litigation of professional liability claims.
Heather L. Rosing
Founding Partner
Rosing Pott & Strohbehn
Legal Malpractice (Specialist), Business Law
501 W Broadway, A380
San Diego , CA 92101
Phone: (619) 990-5566
Email: hrosing@rosinglaw.com
Northwestern Univ School of Law
Heather serves as the chairperson of the Legal Ethics and Law Firm Risk Management Practice Group, as well as the Lawyers and Accountants Practice Group. She is an appointed advisor to the State Bar of California's Rules Revision Commission.
Context matters. It almost always does. And you do not have to be a lawyer to know that. Model Rule 8.4(g) prohibits conduct related to the practice of law that is harassing or discriminating on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, or socioeconomic status. And there is probably no conduct more associated with the practice of law than advocating a client’s position. Yet, it i...
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