The D.C. Court of Appeals is considering revisions to its ethics rules, based on a model from the American Bar Association, which would prohibit attorneys from having sex with their clients. Lawyers from the local bar are objecting to the proposal.
Rule 1.8 of the ABA Model Rules of Professional Conduct says, in part, “A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.”
The D.C. Bar Board of Governors wants a somewhat more, uh, relaxed rule.
(Unfortunately, the mainstream media managed to screw something up — it referred to lawyers having sex with clients as a “transaction.” While that section of the code refers to transactions, the word as used means any business transaction between an attorney and a client.)
“What we recommended is not approving sex with clients. We didn’t think it was appropriate to have a categorical ban,” said Anthony C. Epstein, a lawyer at Steptoe & Johnson LLP who helped craft the proposed rules.
“We include several paragraphs that it can be very problematic. And we make it clear that lawyers ought to think twice — and even four times — about what they’re doing before they do it,” Epstein said. — Washington Examiner
Even so, lawyers really shouldn’t be sleeping with their clients.
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Firas
Jan 10, 2006
Yes, but categorically disallowing it, even in a non-governmental body (eg. a credential body), is a human rights issue.
Persol
Jan 10, 2006
If it were any other profession I’d side with the lawyers. HOWEVER, lawyers are supposed to be agents of the law.
Whereas, the law is rooted in moral values, the practice of law is inherently a moral enterprise demanding the highest personal and professional standards, and lawyers act as moral agents of the law;
It is a conflict of interest regardless of the lawyer’s position (defense, prosecution, judge).
Firas
Jan 11, 2006
A conflict of interest? How? Lawyers aren’t supposed to be impartial agents of the law, they’re supposed to represent their clients to the best of their abilities.
Judges, for sure, should not accept a case involving someone they’re sleeping with!
ViVI
Jan 12, 2006
It’s a conflict of interest. If a lawyer is sleeping with a client, the lawyer’s own personal interest may conflict with the client’s interest. For example, the lawyer wants the sexual relationship to continue & therefore prolong’s the client’s case. Or the flip-side, the lawyer wants to get rid of the personal attachment and therefore prematurely settles the client’s case. Definitely a conflict!
remove the previous
Feb 24, 2007
The previous post is false and was submitted here by an idiot in jest. That person has just been properly reprimanded. Remove please. and require functional e-mails for submission.
Concerned parent
LeBoeuf Lamb
Feb 24, 2007
I am a Lawyer here and can tell you exactly where the contentions are comming from. My firm hires quite a few women who, oddly enough, seem to engage in many side “relationships” with our many clients. We cant figure out why, but objections to this very common sense rule are coming from women…trust me. Its a shame really…a stereotype is beginning to develop here in DC.
It Never Fails
Feb 25, 2007
It Never Fails…Add the word “SEX” to absolutely any topic and all the comedians come out to play.
Michael Hampton
Feb 25, 2007
If you have something constructive to say, then by all means say it. Otherwise, I’m sure your parents will have something more to say to you about this.
remove the previous
Feb 26, 2007
Offensive post #5 is still up…Please remove for decency sake
Michael Hampton
Feb 26, 2007
What part of “no” don’t you understand?