Is Law Firm Discrimination Unethical by Barry Temkin, published in the August 26, 2010 issue of the New York Law Journal

MCWG Counsel Barry Temkin has published an article in the New York Law Journal entitled, "Is Law Firm Discrimination Unethical?"  Mr. Temkin's article, which is annexed below in PDF format, analyzes a little-known provision in New York's 2009 Rules of Professional Conduct, which states that a lawyer or law firm shall not "unlawfully discriminate in the practice of law, including in hiring, promoting or otherwise determining conditions of employment. . ."  This rule has been rarely used by attorney disciplinary authorities, which have instead prosecuted sexual harassment and other forms of discrimination through other provisions of the Rules of Professional Conduct.  However, recent enforcement actions by the U.S. Equal Employment Opportunity Commission against law firms have raised the specter that a disciplinary prosecution could potentially follow in the wake of a successful EEOC suit.  Barry Temkin is Chair of the Professional Ethics Committee at the New York County Lawyers' Association and an adjunct professor at Fordham University School of Law.  For further information, contact Barry Temkin at (212) 804-4200.