On November 16, 2019, the Federalist Society's practice groups held a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "51 Imperfect Solutions for the Ethical Practice of Law.
The practice of law in the United States is not monolithic. Each state establishes its own rules of professional conduct. This form of federalism allows states to serve as "laboratories of democracy," and innovate how the legal profession operates. This panel will focus on four areas in which states disagree. First, the majority of states have rejected ABA Model Rule 8.4(g), which purports to prohibit "harassment" in "conduct related to the practice of law." Second, in the wake of Janus v. AFSCME, states are considering whether to abolish "integrated" bars. Third, some states are engaging in novel experiments to permit non-lawyers to perform some types of legal services. Finally, we are in the earliest stages of understanding how legal analytics—using technology to predict how courts will decide cases—fits within the rubric of the unauthorized practice of law. These topics implicate critical issues like the freedom of speech, the free exercise of religion, antitrust law, and cutting-edge legal technology.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Featuring:

Hon. G. Barry Anderson, Associate Justice, Minnesota Supreme Court
Prof. Josh Blackman, Associate Professor of Law, South Texas College of Law Houston
Mr. Mauricio R. Hernandez, Principal, Hernandez Law Office
Prof. Thomas D. Morgan, Oppenheim Professor Emeritus of Antitrust and Trade Regulation Law, George Washington University Law School
Moderator: Hon. Jennifer Walker Elrod, Judge, United States Court of Appeals, Fifth Circuit
Introduction: Mr. John J. Park, Jr., Of Counsel, Strickland Brockington Lewis LLP