Comment Opposing Adoption of Model Rule 8.4(g) in Arizona

The First Amendment Lawyers Association (FALA) opposed Arizona’s adoption of ABA Model Rule 8.4(g), which would make it professional misconduct for attorneys to engage in harassment or discrimination “related to the practice of law.” FALA argues the rule is an unconstitutionally vague, viewpoint-based speech restriction that would chill legal advocacy, expose attorneys to discipline for legitimate debate, and potentially discourage representation of unpopular clients — without meaningfully addressing bias in the profession. FALA recommends Arizona instead pursue elimination-of-bias MCLE requirements as a constitutional alternative.