The American Bar Association created a new rule Monday in support of women in law, according to The New York Times. The ABA voted that it is considered professional misconduct for a lawyer to discriminate against or harass anyone in the courtroom based on race, religion, sex or disability, among other criteria. The rule will bring some accountability to a profession where lawyers have often used their words or phrases in a demeaning way in an effort to bring down opposing female counsel.
Though multiple state bars have already put similar rules in place, there was never a rule against this kind of discrimination on the federal level until now. Myles V. Lynk, the leader of the ABA's Standing Committee on Ethics and Professional Responsibilty, told the Times, "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."
Many woman lawyers are excited for this change, having spent years hearing words like "honey" and "darling" in the courtroom, as well as even more overt sexism. For example, lawyer Lori Rifkin recently asked her male opposing counsel to stop interrupting her during witness questioning, to which he replied, "Don't raise your voice at me. It's not becoming of a woman," according to the Times. This was considered a sexist remark by a federal magistrate, who fined the lawyer for his behavior—One of the rare instances of punishment for discriminatory behavior.
Now, penalties for these types of actions will include fines or suspension from practicing. The punishment will be determined by state bar associations and will depend on "the severity of the offense," the Times reports.
Critics of the new rule argued that it was too broad and would limit a lawyer's right to freedom of speech in the courtroom, and amendments were added so that lawyers can argue they didn't know their words were discriminatory to avoid punishment. However, the guidance for the rule does define discrimination and harassment, and lists the places where lawyers could potentially discriminate or harass: For example, "interacting with witnesses, coworkers, court personnel, lawyers and others,""managing a law firm," and "participating in bar association, business or social activities in connection with the practice of law." These guidelines should help to clarify to lawyers what they can and cannot be punished for, making it harder for a lawyer to claim he did not know the rule would apply to a certain situation.
This new rule is a promising step for not only woman lawyers, but also feminists around the country. For too long, women in the courtroom have not been treated with the respect they deserve. Now we're that much closer to a justice system that treats everyone equally.