TBA Law Blog


Posted by: Azya Thornton on Jul 9, 2025

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion today that provides guidance to lawyers exercising peremptory challenges in the jury selection process. According to a release, the opinion states that a lawyer who knows or reasonably should know that their use of peremptory challenges constitutes unlawful discrimination violates ABA Model Rule 8.4(g). The opinion also clarifies that such conduct cannot be considered “legitimate advocacy,” even if advised by a client, jury consultant or AI software. And it outlines a lawyer’s duty to investigate the motives behind seemingly discriminatory challenges. Finally, it reinforces the principle that ethics rules prohibit actions deemed unlawful by courts or legislatures.