The Oklahoma Bar Journal September 2023

Likewise, the OBA Standards of Professionalism state that attorneys should refrain from personal conduct that exhibits bias against a person based on that person’s gender. 27 However, these standards merely reflect expecta tions for attorneys in Oklahoma; they are not to be used as a basis for discipline. 28 In fact, when you look at the Oklahoma Rules of Professional Conduct, Rule 8.4(g) is nowhere to be found. 29 Oklahoma is astonishingly part of the majority , being one of 39 states whose ethical codes have not adopted some form of Rule 8.4(g). 30 Even though not explicitly addressed in the ORPC, sexual discrimination can still violate Oklahoma ethical rules. In State ex rel. Okla. Bar Ass’n v. Miskovsky , an Oklahoma lawyer was suspended for 60 days and ordered to pay more than $3,000 in court costs after he made sexual comments and described sexual scenarios between him and two different women he initially consulted regarding representation in a divorce. 31 The Oklahoma Supreme Court affirmed that he violated ORPC 1.7 (“[a] lawyer shall not represent a client if the represen tation of that client may be materi ally limited ... by the lawyer’s own interests”), ORPC 2.1 (“a lawyer shall exercise independent profes sional judgment and render candid advice”), ORPC 8.4(d) (a lawyer shall not “engage in conduct that is prejudicial to the administra tion of justice”) and Rule 1.3 of the Rules Governing Disciplinary Proceedings (imposing collateral grounds for discipline for unethi cal acts that bring discredit to the legal profession). 32 Though not mentioned in Miskovsky , sexual harassment could also raise a

and minimum ethical standards; we should strive to uphold the expectations set forth in the OBA Standards of Professionalism and take proactive steps to change the climate of our workplace and make the legal community better for future generations.

question of a lawyer’s competence or diligence, leading to a violation of ORPC 1.1 or 1.3 respectively. 33 Therefore, if you are ever subjected to sex-based harassment or discrimination by an attorney, file a bar complaint with the OBA Office of the General Counsel. The Office of the General Counsel will review the grievance and deter mine whether to initiate formal disciplinary action. 34 COMMITTING TO A RESPECTFUL WORKPLACE ENVIRONMENT The “boys’ club” days of sexual discrimination and harassment are over. As a part of the legal community, you have a duty to your coworkers and your pro fession to keep the workplace inclusive and safe. This includes understanding what behavior is acceptable in the workplace and what type of conduct should be reported. But real inclusion is not limited to enforcing legal remedies

ABOUT THE AUTHORS

Katherine Mazaheri is the founder and managing attorney of Mazaheri Law Firm, a team of trial attorneys who have

gained a reputation for taking on cases that attack various social injustices and help families in crisis. She’s the current OBA Labor and Employment Law Section chair and a member of the Oklahoma County Bar Association board. She often mentors law students and new lawyers on employment litigation, sexual harassment and other Title VII best practices.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

32 | SEPTEMBER 2023

THE OKLAHOMA BAR JOURNAL