New Jersey Rules of Professional Conduct (RPC) have several glaring holes in protections from discrimination that require updating, but they have languished for years without action. This is so despite widespread support for specific, needed changes that were identified and presented in 2016 and again in 2017, but have still not been enacted.

Against the backdrop of New Jersey’s constitutional, statutory and common law promises of equality, the New Jersey RPCs even lag behind its own Law Against Discrimination, N.J.S.A. 10:5-1 et. seq. (NJLAD), with the specific exclusion of protections in the current New Jersey RPC 8.4 for gender identity and expression. Moreover, New Jersey’s RPCs have failed to keep pace with the American Bar Association’s (ABA) own recommended Model Rules of Professional Conduct, the national bellwether for professionalism and attorney conduct.

The Development of ABA Model Rule 8.4(g)

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