About This Course
In recent years, the legal profession has faced a reckoning: What exactly constitutes misconduct in an era when public trust is waning and the boundaries of professional behavior seem increasingly blurred? This program takes a critical look at the erosion of the once-reliable standards governing attorneys and judges, and the troubling rise of conduct that, while once clearly unacceptable, is now sometimes defended on ideological or social grounds.
Across courtrooms and headlines, lawyers and judges have found themselves in the spotlight not for their legal work, but for conduct that draws sharp criticism—and often disbelief. Where past generations might have viewed such behavior as clear violations of professional rules, today some argue for exceptions, excusing ethical breaches based on political alignment or cultural justifications far removed from the established codes of conduct.
This CLE course offers an unflinching examination of these trends. We will begin with a close reading of ABA Model Rule 8.4—the cornerstone of attorney and judicial misconduct standards adopted by nearly all states—and evaluate how it’s being interpreted and enforced. Participants will analyze real-world incidents and consider whether emerging explanations represent genuine legal arguments or convenient rationalizations.
Looking forward, we’ll explore whether the current frameworks are equipped to address the new realities of professional life, or whether a deeper cultural shift is redefining accountability itself. Through engaging scenarios and pointed hypotheticals, this seminar challenges attendees to think critically about the future of ethics in law—not just what the rules say, but what they mean in practice.