Cultural Competency in a Post-Model Rule 8.4(g) World

In the midst of a turbulent presidential election and at a time when the concepts of bias and prejudice garnered media attention across our country, the American Bar Association (ABA) House of Delegates approved Resolution 109, which proposed an amendment to Model Rule 8.4 to incorporate an anti-harassment and anti-discrimination provision into the black letter rules governing the professional conduct of lawyers. By adding a new paragraph (g) to Model Rule 8.4, Resolution 109 sought to strengthen ethics protections for protected classes and advance the ABA's goal of eliminating bias, harassment and discrimination in the legal profession. Though adoption of Model Rule 8.4(g) is a necessary step toward forestalling bias and discrimination in the judicial system, this article argues that it will not sufficiently do so without the implementation of additional safeguards and a cultural shift within the legal profession. This article first provides an understanding of the history of Model Rule 8.4 and the concepts of bias and discrimination in the legal profession. Next, this article argues that it should no longer be acceptable for lawyers to turn a blind eye and insulate themselves and the legal profession from the obligation to make cultural competency a core aspect of legal education and practice. This article then urges states to adopt Model Rule 8.4(g) and hold lawyers and judges accountable for violating the rule. Finally, this article proposes three specific reforms – the revision of law school accreditation standards, the implementation of continuing legal education requirements and the inclusion of mandatory cultural competency training for the judiciary – all of which, if implemented, will remove, as much as practical, bias, prejudice, discrimination and harassment from our legal profession and judicial system