But where one sees a safety net, another perceives shackles. Adam Schulman, who donned the role of Greenberg’s legal knight, pointed out the shadows lurking beneath. Even unprosecuted complaints, obscured from the public eye, carry their own burdens, haunting attorneys long after their filing.
When the curtains rose on 8.4(g), it was heralded as the legal world’s clarion call against prejudice and discrimination. Echoes from law students, particularly from women and people of color, resonated with this sentiment. They aspired to a profession where ethics denounced discrimination.
Yet, the echoes of dissent were equally loud. Some, like law professor Eugene Volokh, envisioned a dystopian landscape where lawyers constantly self-censored. David Nammo, of the Christian Legal Society, expressed anxieties about it curtailing religious freedoms.
The Deterrence Debate: Silence or Safety?
Today, both camps find a rare convergence in thought. They acknowledge that the rule’s scarce appearance in public disciplinary scenarios might be a testament to its preventative power.
