The Sword and the Scale: Model Rule 8.4(g) as a Tool of Racial Justice in the Legal Profession

Authors

Tiffany Williams Brewer

Abstract

Lady Justice. Have you seen her? Standing regal and tall with blindfolded eyes. A sword in one hand and a scale in the other. Her image represents a symbol of hope and idealism in protecting and delivering her virtues. Lawyers enter this noble profession to do right by her and carry on her legacy. We serve our clients with the aim that she will ultimately be both our arbiter of facts and our judge. While the symbolism of her blindfold is often the subject of commentary on justice, consider the symbolism of the powerful tools she has chosen in her hands—the sword and scale. With the mighty sword, Lady Justice can exact a devastating blow to her enemies—those who align with the antithesis to her values and pose a threat to her existence. Her powerful scale allows her to remedy harms while furthering equitable aims. Lady Justice’s tools extend beyond the courtroom and offer an opportunity for the legal profession to take up her cause in fighting against the injustices of racial bias and discrimination in the legal profession. This Article illuminates the virtues of anti-discrimination ethics code provisions, like ABA Model Rule of Professional Responsibility 8.4(g), as powerful tools in promoting the elimination of bias and discrimination (the sword) and improving the balance of diversity in the profession (the scale). This Article highlights the importance of setting uniform professional ethical standards that: (1) hold lawyers accountable for discrimination and bias; (2) deter discriminatory conduct that undermines confidence in the profession; and (3) remediate the lack of progress of attorneys of color, particularly Black female lawyers. This Article also serves as a call to action to states that have resisted enacting an anti-discrimination rule for lawyers, using ABA Model Rule of Professional Responsibility 8.4(g) as guidance.

Recommended Citation

Tiffany Williams Brewer, The Sword and the Scale: Model Rule 8.4(g) as a Tool of Racial Justice in the Legal Profession, 128 Dick. L. Rev. 501 (2024).
Available at: https://ideas.dickinsonlaw.psu.edu/dlr/vol128/iss2/4