The Louisiana State Bar Association is considering adopting an amendment to its Rules of Professional Conduct that would define professional misconduct as including:

This is a narrower version of ABA Model Rule 8.4(g) which the ABA House of Delegates adopted in 2016. Last week, the Louisiana Attorney General’s Office issued Attorney General’s Opinion 17-0114 which concludes that the ABA version of the Model Rule is likely unconstitutional under the First and Fourteenth Amendments, and that while Louisiana’s proposed version seeks to avoid many of the constitutional problems, it still suffers from some of the same vagueness and overbreadth issues as does the ABA rule.

AP reports on the Attorney General’s Opinion.

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