DISCIPLINARY SANCTIONS FOR THE POLITICALLY INCORRECT
DISCIPLINARY SANCTIONS FOR THE POLITICALLY INCORRECT
DAN TRAYNOR ABA Delegate
The American Law Institute ( ALI ) and American Bar Association ( ABA ) recently held their annual meetings . Many lawyers from around the country attend both meetings . ABA President Paulette Brown was a featured speaker at the ALI meeting and presided over much of the very large ABA meeting . In North Dakota , we were honored to host President Brown at our own SBAND Annual Meeting in Grand Forks between the two national events .
Interesting Topics and Speakers at the American Law Institute
Election law , liability insurance , and changes to the Model Penal Code relating to sexual assault provided a lively and substantive discussion at the 93rd Annual Meeting of the American Law Institute ( ALI ) in Washington , D . C ., in May .
The ALI ’ s election law discussion focused on providing guidance to states concerning early , in-person voting , and open absentee voting . A fascinating , and potentially-timely , discussion occurred regarding procedures for the resolution of a disputed presidential election .
Chapters one , two , and three of the Restatement of the Law , Liability Insurance , were presented and approved . Most changes to chapters one and two were clarifications .
28 THE GAVEL
Section 13 now contains a general exception to the complaint-allegation rule that ordinarily governs the duty to defend . The rule in § 19 regarding loss of coverage defenses as a consequence of the breach of the duty to defend now applies only in narrower circumstances , primarily when the insurer lacks a reasonable basis for a refusal to defend . Chapter three addresses general principles relating to the risks insured that are common to most forms of liability insurance .
The MPC Sexual Assault discussion was particularly thought-provoking as prosecutors , defense lawyers , and judges discussed a proposed definition of “ consent ” and the elements of the offense of Sexual Penetration without Consent . After an extensive discussion , the membership approved an amended version of “ consent ” proposed by motion , adding a definition that included recklessness as to whether the act was with or without consent .
The ALI was honored to welcome U . S . Supreme Court Associate Justice Sonia Sotomayor for a discussion about the collegiality and passion involved in conserving the integrity of the rule of law . It was a highlight listening to Retired Associate Justice John Paul Stevens and one of his former law clerks reminisce about their time together on the Court .
I was joined at the ALI meeting by former SBAND President Joe Wetch from Fargo . I know we both found much of the discussion interesting and useful , as it could be applied to our work as practicing lawyers .
ABA Delegates Consider Changes to Professional Conduct Rules
In August , the ABA ’ s Annual Meeting in San Francisco was a busy time with thousands of lawyers from around the country at the gathering . The House of Delegates continued its focus on issues of discrimination and related topics .
The Standing Committee on Ethics and Professional Conduct advanced Resolution 109 that would add an entirely new subsection ( g ) to the ABA Model Rules of Professional Conduct :
Rule 8.4 : Misconduct
It is professional misconduct for a lawyer to :
( g ) harass or discriminate on the basis of race , sex , religion , national origin , ethnicity , disability , age , sexual orientation , gender identity , marital status or socioeconomic status in conduct related to the practice of law . This Rule does not limit the ability of a lawyer to accept , decline , or withdraw from a representation in accordance with Rule 1.16 .
The comment change would expand the more limited “ representing a client ” to the potentially much broader category of “ conduct relating to the practice of law .”