And for women practicing law who are all too often addressed as “honey” or “darling” in the courtroom, this is a much-welcomed change.
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The American Bar Association (ABA) finally banned sexist language in court and deemed it professional misconduct to discriminate against or harass anyone during a case in its new ethics guidelines.
According to the Times, almost two dozen state bars and the District of Columbia bar already have similar prohibitions against such comments and behavior. “Don’t raise your voice at me. It’s not becoming of a woman”. This was in response to complaints of sexism by female lawyers.
“The need for national guidance on a black letter rule prohibiting attorneys from discriminating or harassing women and minority lawyers was evident by the number of associations that came together to advocate for the change and the overwhelming vote in favor of the revision on the floor of the ABA House of Delegates”, said Jenny Waters, executive director of the National Association of Women Lawyers.
State bar associations will still determine on their own what penalties (if any) violators of the ban will face, but the mere existence of the new rule is a step in a better direction.
The additions to the rule prevent discrimination based on sex, race, religion, and several other factors.
It also defines sexual harassment and settings where the rule shall apply. UCLA School of Law professor Eugene Volokh, a free speech expert, fears the rule could incriminate lawyers speaking on panels debating marriage equality or immigration law. Prohibited offensive conduct is limited to that which “the lawyer knows or reasonably should know” is harassment or discrimination. The ABA has, however, included a provision stating that attorneys “must know”, or at least “should know”, that the behavior constitutes harassment or discrimination.
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.
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The American Bar Association voted on Monday afternoon to adopt Resolution 109, an amendment that heightens the consequences of discrimination and harassment in the field of law. He further argued numerous specific forms of discrimination captured in the new rule were redundant given the surfeit of municipal, state, and federal anti-discrimination statutes. She is is originally from one of the islands of Stockholm, Sweden. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate.
