According to the ABA Journal, a Tennessee lawyer representing a defendant charged with rape made the following comment in closing argument:
"People can be very good at lying. Women can be especially good at it because they’re the weaker sex . . . and we want to protect them and not have anybody take advantage of them, at least I do."
Does this remark violate ABA Model Rule 8.4(g)? As we know, Rule 8.4(g) prohibits a lawyer from knowingly engaging in “harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status” in the practice of law. The Comment to Rule 8.4 defines discrimination to include harmful verbal conduct that manifests bias or prejudice and defines harassment to include derogatory or demeaning verbal conduct. Rule 8.4(g) does not preclude “legitimate” advocacy on a client’s behalf.
Did the ABA intend Rule 8.4(g) to govern comments in closing argument designating the members of a protected group as natural born liars?
The jury of nine women and three men acquitted the defendant.