US lawyers banned from making sexist remarks in courtrooms
It comes with one major caveat - the ruling only applies if the lawyer in question ‘knows’ he or she is being sexist
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Your support makes all the difference.Lawyers who knowingly subject their colleagues to sexism or harassment in the court room could face penalties following a new ruling.
The American Bar Association has passed a measure to prohibit lawyers targeting a person’s race, religion, sex or disability - the first time such a national ethics rule has been imposed in the legal profession.
It will be a welcome relief to female lawyers who are normally expected to stand up for themselves in the face of harassment or discrimination.
The rule also aims to end the age-old courtroom practice of older, male practitioners undermining female opponents by using dismissive terms, such as "honey".
It covers both verbal and physical conduct that “manifests bias or prejudice towards others”, according to the accompanying guidance.
The new rule also applies to lawyers working with witnesses, colleagues and court staff, whether it’s in the courts, law offices or in social situations associated with work.
It comes with stipulations, however, including that offensive conduct is only banned if the lawyer knows or reasonably should know that their words or actions represent harassment or discrimination.
The ABA, represented by 589 members from state and local bar associations, voted near unanimously for the new resolution at their annual meeting in San Francisco on Monday.
Its Standing Committee on Ethics and Professional Responsibility noted that 25 jurisdictions around the US have already adopted a similar policy regarding harassment.
"The states have not waited for the ABA to act. They have been laboratories of change…it is time for the ABA to catch up," said Myles Lynk, chair of the committee.
Michele Dauber, a professor of law at Stanford, told The Independent that the rules will help to ensure the court room is free of discrimination and that clients are not disadvantaged as a result.
"This is 2016 and we need to make sure that the legal profession is protecting all members of the bar, regardless of gender or any other protected characteristic, from harassment and discrimination," she said.
Luna Droubi, an associate at law firm Beldock Levine & Hoffman in New York, said the ruling was a "very exiciting development".
"It’s often an unspoken frustration that female litigators face, and it’s refreshing to see that it is being acknowledged," she said.
"We are tasked with being zealous advocates for our clients and it is an added burden when we are also forced to advocate for ourselves against such biases."
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