Comment on Proposed Misconduct Rule Amendment

December 12, 2024

The District of Columbia Court of Appeals is seeking public comment on proposed revisions to Rule of Professional Conduct 8.4 (Misconduct) submitted by the D.C. Bar. Proposed D.C. Rule 8.4(h) prohibits harassing and discriminatory behavior by a lawyer directed at another person with respect to the practice of law, which would include such abusive conduct that occurs beyond the courtroom and/or outside the representation of a client. The new paragraph (h) would make it professional misconduct for a lawyer to

• engage in conduct directed at another person, with respect to the practice of law, that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, color, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, family responsibility, or socioeconomic status. This Rule does not limit the ability of a lawyer to accept, decline or, in accordance with Rule 1.16, withdraw from a representation. This Rule does not preclude providing legitimate advice or engaging in legitimate advocacy consistent with these Rules.

Proposed Rule 8.4(h) leaves unchanged existing D.C. Rule 3.4(g) regarding peremptory challenges to jurors. Further, the proposal leaves unchanged D.C. Rule 9.1 (Discrimination in Employment), a rule that has existed in the District for 30 years without issue.

Comments must be submitted by January 13, 2025, either electronically to [email protected] or by mail to Clerk, D.C. Court of Appeals, 430 E Street, N.W., Washington, D.C. 20001.