Ed. note: Welcome to our daily feature, Quote of the Day.
The Association believed that maintaining the existing rules that have been applied on a case-by-case approach that focused on the effect of the relationship on the representation would better address the nuances and limited exceptions that inevitably arise, while continuing to protect clients and preserve the integrity of the profession.
— Norberto Garcia, president of the New Jersey State Bar Association, in a statement issued after the New Jersey Supreme Court adopted an ethics rule broadly prohibiting attorneys from engaging in sexual relationships with clients. Existing sexual relationships that predate the attorney-client relationship are exempt from the rule. The New Jersey State Bar Association had opposed the blanket prohibition, favoring the existing case-by-case approach. At an earlier hearing on the proposed rule, Garcia said, “I don’t think it’s ever a good idea to have sexual relations with the client. But the state bar has a concern that the blanket rule would not catch all the exceptions and nuances and would result in confusion.” The new rule takes effect on September 1, 2026.
Staci Zaretsky is the managing editor of Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Bluesky, X/Twitter, and Threads, or connect with her on LinkedIn.