Louisiana Supreme Court: Sex with Former Clients Not Unethical

The Louisiana Supreme Court has found that an attorney violated ethics rules by engaging in a sexual relationship with a current client.

The court ordered a six-month suspension with three months stayed.

The Office of Disciplinary Counsel had charged the attorney with misconduct by having consensual sex with five other women who at one time or another had either retained his services or consulted with him.

The attorney’s practice was almost exclusively devoted to family law matters.

The court rejected the ODC’s contention that the “no sex” rule applies to relations with former clients and prospective clients who choose not to retain an attorney:

We find no support for this position in the Rules of Professional Conduct.

Justice Knoll concurred but “strongly disagreed”  with the holding that the attorney did not violate ethics rules in having sex with former clients while their domestic matter remains pending.

She concludes that the attorney’s

sexual involvement with numerous female clients evidences a pattern of conduct by means of his practice which degrades his obligations to the clients and demeans a time-honored profession.

Justice Weimer agreed with Justice Knoll and would find the conduct prejudicial to the administration of justice. (Mike Frisch)