Connecticut Lawyers May Proceed With Challenge to Anti-Bias Rule

Two Connecticut lawyers can pursue a First Amendment challenge to a Connecticut professional conduct rule that bans attorneys from conducting their practice in a way that discriminates against others, the Second Circuit said Monday.

Attorneys Mario Cerame and Timothy Moynahan adequately alleged that there’s a credible threat of disciplinary proceedings under the rule that chills their speech, thus stating a sufficiently concrete and imminent injury to confer standing, Chief Judge Debra Ann Livingston wrote for the US Court of Appeals for the Second Circuit.

Connecticut Rule of Professional Conduct 8.4(7) considers it professional misconduct for a lawyer to engage in ...