March 28, 2013

A FORMER STUDENT WRITES THAT THE TENNESSEE SUPREME COURT IS CONSIDERING ADDING A “SPEECH CODE” TO THE RULES OF PROFESSIONAL CONDUCT, banning racist, sexist, homophobic, etc. speech in the course of professional conduct. Strictly interpreted, I think this rule would prevent attorneys from encouraging affirmative action, but I rather doubt that’s what’s intended.

Personally, I think the bar would be better off focusing on giving poor people access to quality representation at reasonable fees, but that seems less of a priority, which tells you all you need to know about the role of “professional ethics” in general.

UPDATE: Here’s the proposed rule. And here are some comments.