Talking Sex With Lawyers


Looking at her e-mail message from Don, Juanita realizes that he is asking for her to represent him in a professional liability action. Sighing, Juanita thinks to herself that she is having another “they sure didn’t teach you this in law school” moment. Handling the litigation is, of course, not the problem. Instead, Juanita wonders whether she can represent Don, when she is romantically involved with him.

Stories involving lawyers who have sexually assaulted or engaged in sexual activities with their clients resulted in a consideration as to whether to amend the Rules of Professional Conduct to expressly ban such conduct. Ultimately, cooler heads prevailed and no additional rule was imposed. More on that later.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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