Professional Responsibility: I am the “sexual relations guy”.
by Mr. Brown on Jun.20, 2008, under School
As some of you know, one of the three courses I am taking this summer is professional responsibility – simply put its a class on just that, the ABA’s Model Rules of Professional Conduct.
Rule 1.8(j) prohibits a lawyer from having sexual relations with a client, unless the sexual relationship predates the client-lawyer relationship. However, according to Professor North, Louisiana’s Rules of Professional Conduct (which are based on the model rules) prohibit all sexual relationships with clients (it should be noted, in the latest revision of rule 1.8 in Louisiana, this rule does not appear, and simply says [reserved]).
When Professor North brought this rule up, he just quickly skipped over it because “its obvious”. But, to me, its not too obvious, at least in Louisiana… I asked the obvious question:
Professor North, does this mean you can’t represent your wife in Louisiana?
Laughter quickly ensued, and thinking that I was referring to the model rule, he didn’t quite know how to answer that question except with, “You don’t have sex with your wife??”
I am now referred to as “sexual relations guy” or “sex guy” whenever we discuss 1.8(j). Great.
