Sex

Should Lawyers Be Banned From Having Sex With Their Clients?

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Both California and Texas are thinking about officially deep-sixing sex between lawyers and their clients.
The California State Bar Association is considering a change to the professional rules of conduct to “prohibit sex with clients unless they are spouses or the relations preceded the lawyer-client relationship,” according to The Recorder. The Texas Supreme Court is suggesting the same type of thing in the Lone Star state, according to the Texas Lawyer.
The American Bar Association generally frowns on lawyers getting into their clients’ briefs. The argument against taking discovery to the bedroom is that sexy time undermines an attorney’s ability to give objective advice and to keep his or her interest from limiting that of the client.
On the other hand, regulating bed behavior potentially violates a lawyer’s privacy and the right to freedom of association.
ATL readers, we turn the debate over to you. Is it okay for lawyers to be their clients’ master debaters and masturbators? Moving beyond the theoretical, how many of you have actually had to grapple with this? Take our polls and hear some stories, after the jump.


We don’t have any lawyerly friends who have bragged about taking a client to bed. But Elie points out that it happens quite often on screen:

It happens ALL THE TIME on the Practice. It was Bobby Donnell’s (Dylan McDermott’s) signature move. God I miss the Practice.

When we write about lawyer-client sex here at ATL, it’s usually of the problematic variety. See the story of Stanford grad James Tipler, who made his clients pay their legal fees with sexual favors. Or the story of 72-year-old personal injury attorney Allen Isaac who wanted a blow job as part of his retention fee. Or the story of Washington state divorce lawyer Lowell Halverson who was disciplined by the Washington Supreme Court for repeatedly having affairs with his emotionally distraught clients.
Well. You get the picture.
But what about when the sex love is pure?

Is this rule even necessary? How many of you have hit the sheets with someone paying for your legal services?

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As always, we welcome your thoughts (and stories) in the comments.
Proposed Disciplinary Rule Changes Target Conflicts, Scienter, Sex [Texas Lawyer]
Calif. State Bar Sets Vote on Advance Conflict Waivers [The Recorder]
Supreme Court doubles punishment for divorce lawyer who had sex with client [Seattle Post-Intelligencer]
Earlier: Disbarred Stanford Grad Trades Counsel for Coitus
ATL Practice Pointers: If You Want a BJ From Your Client, Put It in the Retention Letter

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