Pennsylvania’s Anti-Discrimination Rule for Lawyers Upheld (1)

Aug. 29, 2023, 3:03 PM UTCUpdated: Aug. 29, 2023, 4:28 PM UTC

A Pennsylvania professional conduct rule that bars attorneys from knowingly engaging in harassment or discrimination was upheld Tuesday by a federal appeals court.

An attorney who challenged the rule, arguing it would chill speech in his presentations for bar conferences and continuing legal education courses, lacked standing, Judge Anthony Scirica wrote in an opinion for a three-judge panel of the US Court of Appeals for the Third Circuit.

“The Rule covers only knowing or intentional harassment or discrimination against a person,” but nothing in attorney Zachary Greenberg’s planned speeches meets that standard, Scirica said.

“Greenberg alleges his speech will be ...

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