Don't Call Me Sweetheart! Why the ABA's New Rule Addressing Harassment and Discrimination Is So Important for Women Working in the Legal Profession Today

Authors

• Kristy D'Angelo-Corker, Barry University Dwayne O. Andreas School of Law

First Page

263

Abstract

Popular culture has recently shone a spotlight on the inequality and discrimination faced by women in many professions. With the “Me Too” and “Time’s Up” campaigns in full swing, it is clear that women are ready to fight to be respected and receive equal treatment. Although there are a plethora of news stories highlighting the issues that women are facing today, this Article will focus specifically on the effect of bias, prejudice, harassment, and discrimination against women in the legal profession. This discrimination and marginalization of women finds its way into law firms, courtrooms, and the corporate arena generally, and impacts not only the female attorneys and judges themselves, but also the clients and litigants that these women are serving. The American Bar Association (“ABA”), long committed to diversity and leading the professional legal community regarding “appropriate” conduct, has finally put an anti-discrimination, anti-harassment provision into effect to combat discriminatory behavior on a national level.

This Article argues that although the ABA’s adoption of Resolution 109 to amend Rule 8.4 is a necessary first step to remedy the issues that women in the legal profession are currently facing, education and training initiatives must also be established. This training should take the form of Bias Training in law schools (as part of the Professional Responsibility requirements), in law firms, and as mandatory CLE requirements for practicing attorneys. The Article provides an overview of the history of women in the legal profession in the United States, as well as examines the status of women in the profession and judiciary today from a statistical standpoint. The Article goes on to examine how the New Rule 8.4 of the ABA Model Rules came to be, the language of the Resolution, and criticisms of the New Rule. Finally, the Article suggests that we, as a community of professionals, institute education and training initiatives as students begin law school and then continue that training throughout a lawyer’s career.

Recommended Citation

Kristy D'Angelo-Corker, Don't Call Me Sweetheart! Why the ABA's New Rule Addressing Harassment and Discrimination Is So Important for Women Working in the Legal Profession Today, 23 Lewis & Clark L. Rev. 263 (2019).
Available at: https://lawcommons.lclark.edu/lclr/vol23/iss1/4