Structural initiatives directed toward coercing proper behavior are growing
in number. This section briefly addresses the responses of the bar and
judiciary, and other groups, toward bias and prejudice.
A. Initiatives Directed at Lawyers
Beginning in the 1990’s, state bar associations and other organizations began
to address bias and prejudice in the profession, including requiring continuing
legal education for bias and prejudice, adopting rules to limit admission to the
bar of those with racist or similar views, and other initiatives. See, e.g., D.
Larkin Chenault, Fostering Diversity in the Legal Profession, 79 Mich. B.J. 18,
18 (Jan. 2000) (discussing Michigan’s efforts); Lorraine H. Weber, Eliminating
the Barriers, Opening the Doors, 80 Mich. B. J. 24 (Jan. 2001) (same); Kathryn
Reed Edge, Gender Bias Goes to Ground in Tennessee, 39 No. 2 Judges J. 29
(Spring 2000) (describing Tennessee efforts to combat gender bias).
As of this time, about fifteen states have adopted disciplinary rules which,
in one form or another, prohibit lawyers from making statements or engaging in
conduct which constitutes discrimination. The problems the bars have faced arise
from the need for a rule to be specific, so that it is enforceable, and which
does not impinge upon the free speech rights of lawyers. These issues are
discussed more fully below......
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