Saturday, May 8, 2010

Sex with a Client

The Code of Professional Conduct prohibits a lawyer from having sexual relations with a client unless a sexual relationship existed prior to the client becoming a client.

Here's how this works:

Let's say a personal injury attorney is having sex with a 23-year-old exotic dancer. She accidentlally slips off the pole during a VIP performance and breaks her leg. Can that attorney handle her injury claim and still maintain the sexual relationship? The Code says yes, because the relationship was taking place before the dancer became a client.

Now, if that same lawyer only wished he were having sex with the performer before the accident, then he could not make sexual advances during the initial office consultation, or "bang" her during the litigation.

Lawyers faced with this dilemma have two options: They can either put off signing a retainer agreement until after a sexual relationship has been established, or refer the case to outside counsel who will agree to split the fee, thus ensuring the referring lawyer a "piece of the action."

Either way, the Code will not be violated.

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