Revoking the Lawyers' License to Discriminate in New York: The Demise of a Traditional Professional Prerogative

Abstract

Despite over a century in American society toward the elimination of invidious discrimination, the right of an attorney to reject a potential client based on any criterion remains virtually unfettered. Lawyers have avoided the consequences of federal and state antidiscrimination law because they are seen as engaging in private practice and outside the scope of the civil rights acts. Challenges have, nevertheless, been made.

This article examines the challenges to a lawyer’s right to discriminate in the selection of clients in New York. The examination explores the traditional support for discretion in selecting client and provides a critique. The article also examines legislative history of antidiscrimination laws and case law comprising the legal challenge to the lawyer’s license to discriminate.

Keywords: clients, antidiscrimination