[ABA] – The American Bar Association adopted Monday a revised resolution to strengthen language in Rule 8.4 that would classify harassment or discrimination in the practice of law professional misconduct subject to disciplinary action.

While the proposal drew widespread interest in the legal profession and division among ABA entities during the past few months, recent changes, including incorporating a knowledge requirement in the specific language of the model rule, served to bring near unanimous agreement in the final vote. More than 70 ABA members signed up to speak on behalf of the revised proposal, while none spoke against it. The House approved the change by voice vote with only a few members voting “no.”

The action by the House — made up of 589 members representing state and local bar associations, ABA entities and ABA-affiliated organizations — came near the end of the first day of its two-day session that caps an ABA Annual Meeting that began on Aug. 4.

The resolution that revised Rule 8.4 specifically addresses harassment and discriminatory conduct by a lawyer based on race, religion, sex, disability, LGBTQ status and other factors when such conduct is related to the practice of law. Previously, language covering such behavior was included in a comment to the model rule but was not considered as authoritative as specific language. ABA model rules, which support professional standards, serve as guides for state regulatory bodies that govern the legal profession; model rules carry no licensing authority per se.

Myles V. Lynk of Arizona, chair of the ABA Standing Committee on Ethics and Professional Responsibility, noted that 25 jurisdictions across the country have adopted similar language to the Rule 8.4 revision. His standing committee led the push for the change.

“The states have not waited for the ABA to act,” Lynk said in House debate. “They have been laboratories of change…it is time for the ABA to catch up.”