America’s excellent Professional Responsibility Blog, to which I have added a link in my blogroll, is published by Professor Alberto Bernabe of Chicago. He has gathered together the answers, in America at least. In the latest eruption of lust in connection with legal practice, which involved only an attempt, the Indiana Supreme Court just told the attorney to take a break for 90 days. Despite the fact, that is, that his retainer by the husband was in relation to matrimonial disputes with the wife. The Professor’s latest contribution to the ever-enjoyable debate about sex with clients is here. The Texans are all angst-riddled about whether to prohibit the practice. The Professor also recently published another in his series of ‘How Not to Practice Law‘: ‘Ask Client to Pay Fees with Drugs‘.
Dear Stephen,
I do enjoy your website and you provide a wonderful service to many in the profession and who teach law students. Recently, I was about to recommend your site (as usual) to a new law academic and the many, many students I teach, but the headline 'What happens if …' actually offended me and seems gratuitous. As too do some of the assumptions of male clients and their voiceless wives. I was probably more surprised because I have not noticed a similar tone in the website previously. I was hoping you might be able to amend some of the content so once again I can happily recommend your fine webpage to the many individuals who should be reading it. Best wishes and keep up the good work.
How would you like it to read? May I suggest \’What happens if you make the beast with two backs with your matrimonial client\’s spouse?\’ Otherwise, I like the expression \’horizontal folk dancing\’.
And wot a formidable blogroll it is too Stephen!
With one unbelievably glaring exception….the Australian Lawyers' Ethics site seems to be missing.. .http://www.ethics.qls.com.au.
Now, as for sexing up a client's wife the ABA Model Rules do prohibit a sexual relationship with a client at Rule 1.8 (j). We have no similar rule – at least not in Qld, though the fiduciary principles would seriously get in the way.
But this is sex with a client's wife – and the Americans, being such a black-letter lot when it comes to 'ethics', are a bit lost wthout a specific rule on point. Mind you, even over there it would take a gargantuan imagination to argue that sleeping with a client's ex wife (with whom said client is in current disputation) is somehow acting in the best interests of the client.
Now…back to the Australian Lawyers' Ethics site….I must find some cases half as salacious as this one so you'll put it on your blogroll!