Lawyers know: Disagree without denigration

Our words matter, whether in the courtroom, the workplace, or society at large. We start with a reminder that civility and professionalism aren’t just lawyerly niceties; they’re the standard we should be modeling at a time when public discourse feels anything but civil. We’ll also point you to a can’t-miss free speech podcast that tackles this hot (and often misunderstood) topic.

But it’s not just about what we say—it’s also about how we manage the platforms and tools where those words live. We’ll explore why every law firm, no matter its size, should have clear social media guidelines that apply across the board. And finally, we’ll look west, where California’s new law regulating AI in hiring decisions may signal what’s to come for employers and professionals nationwide.

But first, check out this Instagram post from @historyphotographed, which shows exactly why we no longer rely on fault-based divorce

Connecticut couples better hurry to the courthouse. The Nutmeg State is banning first-cousin marriage starting October 1. Some argue the law should be going in the other direction.

An oldie but a goodie. The Onion calls for mass censorship. It’s for our own good.

Are you a current client? Reddit users have some STRONG opinions about legal receptionists. 

Cartoon logic. Morgan & Morgan is suing Disney to find out if Disney will sue them over their firm’s new ad featuring Steamboat Willie getting sued. 

Lawless tube of air. Our West Coast readers might want to swing by UC-Berkeley’s Sproul Plaza and check out the monument to free speech that was placed there in 1989. It looks like a small paving stone, but it supposedly extends into the air as an invisible tube of unregulated expression.

Lawyers answer the call for civility

From the moment we take the oath of admission, lawyers commit not just to uphold the rule of law, but to do so with honor and respect. To this end, bar associations and state courts across the country have created committees on professionalism and/or civility. And many of these bodies, recognizing the current state of public discourse, are hosting CLEs, public lectures, and other programming that reminds lawyers and the general public that we are people who regularly and passionately disagree without denigrating one another. 

It is worth looking to see if your state or local court system, or a bar or other legal association you belong to, is sponsoring an event or developing educational/promotional materials you can help with/sponsor/promote/or learn from. 

Why this matters: As Maryland State Bar Association President Marisa A. Trasatti recently put it, “For lawyers, whose professional lives revolve around disputes, advocacy and rhetoric, we cannot be passive onlookers to the decline of civil discourse, because our profession is uniquely equipped—and ethically bound—to model a better way. (Maryland State Bar Association)

Reining in AI 

California has a reputation for pushing legal boundaries, so it should come as no surprise that it is the first state to attempt to regulate the use of AI in various areas. While most of the state’s proposed AI laws were pushed to the next legislative session, regulations clarifying how existing anti-discrimination laws apply to the use of artificial intelligence in employment decisions are scheduled to take effect on October 1. 

Ogletree and Littler have posted summaries of the new regs, but you can find the full text on the CA Civil Rights Department’s website. 

Why this matters: States are the “laboratories of democracy,” and California is running some of the most groundbreaking experiments. It’s worth keeping an eye on these regs even if they don’t apply to you or your clients because they may soon be replicated elsewhere. (State of California Civil Rights Department)

From soapboxes to SCOTUS

Free speech is one of the hottest topics in America right now. And if recent remarks about “hate speech” by Attorney General Pam Bondi are any indication, it is also a widely misunderstood one. FIRE, the Foundation for Individual Rights and Expression, is working to bridge the gap between interest and understanding, one podcast episode at a time. 

"So to Speak: The Free Speech Podcast," hosted by FIRE’s Nico Perrino, offers an uncensored examination of the cases, philosophies, and cultural clashes that comprise this cornerstone of our democracy. What makes this podcast worth your time is its mix of legal analysis and real-world storytelling. Perrino brings on litigators, plaintiffs, journalists and scholars who examine free speech not only as a legal doctrine but as a lived principle.

Why this matters: In an era where debates over speech are louder and more polarized than ever, this podcast challenges listeners to think critically about the balance between freedom and responsibility, persuasion and regulation. (So to Speak)

• Deep dive on mass detentions 
• So long, Humphrey’s Executor?
• Mangione's legal team argues perp walk was political
• H-1B fee in flux
• Fox’s take on action at the DOJ

Does your firm have a social media policy in place?

One of the most-clicked links in last week’s edition of Raise the Bar was about the Perkins Coie attorney fired after posting about Charlie Kirk. Since then, a law professor and many others not in the legal field have faced pressure to be fired after sharing their thoughts on the assassination and its aftermath. This raises a couple of interesting questions: 1. Does your firm have a social media policy in place? And 2. Does it apply to your employees’ personal accounts?

This article from Clio outlines the benefits of having a firm-wide social media policy and provides practical guidance for drafting one that suits your practice.  

Why this matters: Social media has become an integral part of daily life, blurring the lines between personal and professional conduct. For law firms, this means finding a way to protect client confidentiality, avoid creating accidental attorney-client relationships, and safeguard the firm’s reputation without becoming the thought police. (Clio) 

You're all caught up!

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 Raise the Bar is written and curated by Emily Kelchen and edited by Bianca Prieto.