ABA Opinion Defends Anti-Harassment Rule Criticized as Too Broad

The American Bar Association is defending a model anti-harassment ethics rule that’s come under criticism as an overbroad regulation of attorneys’ speech.

“Harassment and discrimination damage the public’s confidence in the legal system and its trust in the profession,” the ABA’s ethics committee said in the July 15 opinion. A “particular objective” of the rule is to prevent sexual harassment, it said, although detailing every type of prohibited conduct is difficult.

“Broad standards governing professional conduct are permissible and indeed often necessary,” it said, quoting a 1991 New York appeals court opinion.

The legal industry has come under scrutiny ...