In a significant recent decision, the United States Court of Appeals for the Third Circuit reversed a lower court’s ruling and upheld a Pennsylvania Rule of Professional Conduct that prohibits harassment and discrimination in the practice of law. The case, titled Greenberg v. Lehocky, saw plaintiff Zachary Greenberg bring a pre-enforcement challenge to Pennsylvania’s new Rule 8.4(g).
The rule in question, akin to the American Bar Association’s Model Rule established in 2016, outlaws harassment and discrimination based on race, sex, and a host of other grounds. The plaintiff’s challenge followed the Eastern District court’s contentious decision to strike down Rule 8.4(g). However, the Third Circuit’s overturning of this decision indicates a substantial legal and professional victory for advocates of a harassment and discrimination-free legal practice environment.
The Greenberg v. Lehocky case’s full implications and wider impact remain to be fully understood. It is clear, however, that the decision to uphold Rule 8.4(g) will have significant ramifications for practicing attorneys in Pennsylvania and potentially beyond, given the rule’s modelling on the American Bar Association’s state-agnostic guidance. The Third Circuit’s decision brings Pennsylvania in line with the ABA’s mission to ensure all individuals are protected, irrespective of race, sex, or other characteristics, in all aspects of legal practice.
For a thorough review of the details of this case and its implications, consider reading the provided analysis from the legal experts at Cozen O’Connor at JDSupra.