Relationship Led To Reprimand

The New Jersey Supreme Court has reprimanded an attorney who engaged in a consensual sexual relationship with a client  in domestic abuse and divorce matters.

The client had initially been sent to him for pro bono representation by the New Jersey Battered Women’s Shelter in charges of domestic violence made by and against the client.

He was then retained and paid for the divorce.

He expressed romantic feelings toward the client after researching ethics rules and concluding that she was not “vulnerable,” thus all was smooth sailing. The client testified that she felt pressured to respond to his overture due to her dire financial situation and that she viewed the attorney as an “authority figure” .

They lived together for a time and planned to buy a house.

The attorney continued to represent the client after the romantic relationship had ended. He engaged in an ex parte communication with the judge about terminating the representation after the client threatened a bar complaint.

The Disciplinary Review Board

One of the essential factors in this case is that, although the relationship was consensual, as in Warren, [the client]…was an assigned client, when the representation began. She and respondent were not on an equal playing field and, therefore…the client was not in a position to freely consent to the relationship. Moreover, it was because of their relationship that respondent was representing her at a reduced (or no) fee. [The client] had limited financial resources. As seen from her communications with [associate attorney] Vallejo, she was concerned about whether she was being charged for the representation, if respondent was not handling her case. Clearly, their financial arrangement, which came about because of their personal relationship, was of great importance to [the client].

In addition, respondent became sexually involved with [the client], knowing that she had fled an abusive relationship. He had to know that she was emotionally vulnerable to his advances. It was respondent who professed his feelings for her, a confession that left her utterly surprised and confused.

There was a dissent that would not find the conflict and would dismiss the the ex parte communication as de minimis

This case concerns a love affair gone bad, but apparently a true love affair, in which both parties expressed deep feelings for each other. There is no dispute that all the conduct at issue between the respondent and his female client…was purely consensual and began a considerable time after they first met…

within a few weeks of their moving in together, [the client] suddenly and unpredictably had a change of heart, moved out, and accused respondent of “initiating an inappropriate relationship” with her, while at the same time telling him, “all I ever did was love you.” That same email, sent on March 8, 2009, demanded that respondent refund her retainer, claiming he had promised to represent her for nothing, and told him to communicate with her only in writing or by voice mail, while at the same time demanding that he continue to represent her and suggesting that, if he did not represent her for nothing, she would file an ethics complaint against him.

The record shows that respondent was emotionally devastated by this sudden turn of events. He also correctly realized that, under these emotionally charged circumstances and with her threatening to file ethics charges, he could not continue the representation. Indeed, she did file an ethics grievance against him two days later, on March i0, 2009.

 The DRB found both violations and recommended a censure.

The DRB notes that the client engaged in and complained about a sexual relationship with her next attorney.

Respondent’s counsel referred to [the client] as a “predator,” pointed to her “pattern of conduct,” and elicited testimony that her marriage to [her then-husband] Nonio had lasted only two-and-a-half months. None of this has any bearing on the allegations against respondent.

The next attorney was reprimanded.

The client also sued the attorney for malpractice. (Mike Frisch)