COMMENTS SUMMARY

NCLA is pleased to submit these comments in connection with the Court’s consideration of a proposal to amend Rule 8.4 of the District of Columbia Rules of Professional Conduct to include Rule 8.4(h). The proposed rule, which largely mirrors Rule 8.4(g) of the American Bar Association’s Model Rules of Professional Conduct, would subject attorneys to discipline for engaging in harassing or discriminatory speech or conduct. NCLA strongly urges the Court not to adopt Rule 8.4(h). There is no need for an additional rule governing discrimination-based misconduct by District of Columbia attorneys; such misconduct is already adequately addressed by Rule 8.4(d) of the District of Columbia Rules.