NCJ Number
154795
Journal
Notre Dame Journal of Law, Ethics, and Public Policy Volume: 7 Issue: 1 Dated: (1993) Pages: 57-100
Date Published
1993
Length
44 pages
Annotation
Despite recent attention paid to the issue of sexual involvement between attorneys and their clients, neither the model Rules of Professional Conduct nor the Model Code of Professional Responsibility contain any direct reference to the appropriateness or otherwise of sexual relations between the attorney and client, and neither expressly forbids or regulates such relations.
Abstract
This article demonstrates the need for a specific ethical rule where none has previously existed. The article reviews standards used by other professions, specifically mental health professions and the medical profession in general, in regulating its members' sexual relations with clients. It explores the application of existing, nonspecific regulations now used in these situations within the legal profession by analyzing malpractice case law, disciplinary cases, and ethics opinions. Proposed ethical rules being debated in California, Oregon, and Illinois are reviewed and discussed. The authors propose a model rule which would prohibit all attorney-client sexual relations unless the parties are married or the relationship predates the initiation of the attorney-client legal relationship. Even under these circumstances, attorneys would be required to forego the professional relationship where that relationship or the client may be harmed. 174 notes