Biglaw

Biglaw Partner Recommended For Stayed Suspension Following Sexual Relationship With Client

With the condition she avoid further misconduct.

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Dictionary Series – EthicsJessica Mager, a partner at Taft Law, was in some hot water for engaging in a sexual relationship with a client. In October of 2019, Mager, whose practice focuses on family law, represented a client in his divorce proceeding when the Ohio Office of Disciplinary Counsel said she engaged in a sexual relationship with the client in violation of the Ohio Rules of Professional Conduct, “specifically Prof.Cond.R. 1.8(j) [prohibiting a lawyer from soliciting or engaging in sexual activity with a client unless a consensual relationship existed between them when the client-lawyer relationship commenced].”

Two days after that sexual encounter, the client got into a verbal and physical altercation with his wife. The client was later found dead by suicide.

Last month, the Ohio Supreme Court’s Board of Professional Conduct  recommended a stayed six-month suspension, with the condition Mager refrain from further misconduct. Mager has agreed to this discipline. As reported by ABA Journal:

Mager stipulated to violation of a conduct rule that bars sexual activity with a client unless a consensual relationship existed when the client-lawyer relationship began.

The board noted that Mager had no prior discipline, the misconduct involved a single client, and she displayed a cooperative attitude in the proceedings. Several judges, lawyers and former clients also submitted letters attesting to her good character.

Mager previously said that in her two-decade career she “earned a reputation for integrity. However, two years ago, during a difficult time in my life, I made a serious error in judgment. I have no one to blame but myself, and I accept full responsibility for my actions.”

Mager’s attorney, Jonathan Coughlan of the Coughlan Law Firm, noted this is not a final determination. “There has been no decision,” Coughlan said. “This is simply a joint recommendation to the Supreme Court of Ohio, which makes the decision. In fact, the joint recommendation happened some time ago.”

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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