CBA Record January 2017

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CBA RECORD 45
CBA Announces Support Of Illinois Rules Of Professional Conduct
Proposed Rule 8.4G–Additional Conduct Guidance For Attorneys
The CBA’s Board of Managers announced its support for the American Bar Association’s Model Rule
of Professional Conduct 8.4(g) which, if adopted by the Illinois Supreme Court, would add additional
language specifically prohibiting discrimination and sexual harassment to Illinois’Code of Professional
Conduct for lawyers. While this conduct has always been prohibited by law, the ABA’s Model Rule
holds lawyers to a higher standard which is not dependent upon or limited by statutory or common
law claims. The CBA’s Board of Managers agreed with the ABA that it’s not necessary for a lawyer to
violate the law to run afoul of the Rules of Professional Conduct. The proposed new rule broadens the
applicability of enforcement for attorneys found to be guilty by the Illinois Supreme Courts Attorney
Registration & Disciplinary Commission of discrimination and/or sexual harassment.
CBA President Daniel Kotin testified in support of Model Rule 8.4(g) before the Illinois Supreme Court’s
Committee on Professional Responsibility on December 16. Mr. Kotin testified that“even though Illinois
has an existing rule prohibiting discrimination the proposed new rulemakes it clear that discriminatory
practices and sexual harassment must not be tolerated in any workplace setting including the legal
profession.” Kotin added that the CBA’s Board overwhelmingly voted to support the proposed new
rule because it is the right thing to do. He expressed concern about other organizations that voted not
to support the proposal because it gives the public the wrong impression and makes the entire legal
profession look bad. Kotin said:“How canwe as lawyers criticize others for harassing and discriminating
behavior but seemingly exempt ourselves from similar conduct?”