Sex and Probation Violations
The Maine Supreme Judicial Court imposed a six-month suspension of a previously suspended and reinstated attorney for sex with a client and violations of probation imposed as a consequence of his federal criminal conviction.
The court noted that Maine has not categorically prohibited sex with a client but that the client had fled an abusive boyfriend by residing with the attorney
Prolman committed professional misconduct in not advising his vulnerable client and her supporters that the apartment that he was making available to her would result in her living with him in a circumstance where she would have little or no privacy and be required to use a bathroom right next to his bedroom. Further, regardless of what information Prolman did or did not give to his client and her supporters about the living arrangements, he should have known that having such a vulnerable client with her unfortunate history living with him, particularly in light of the recent trauma she had suffered, and her history of physical and emotional abuse and victimization through sex trafficking, is something he absolutely should not have advised in the circumstances…
Arranging for a vulnerable client, with a history of physical and sexual abuse by and submissiveness to men she was living with, to move in with him and not disclosing this living arrangement to the client’s diversion officer and others supporting her effort to comply with her terms of probation. This action violated Rule 2.1 requiring any attorney to exercise independent professional judgment and render candid advice. Creating this living arrangement, with this client, was a serious error of judgment. Not disclosing to the client or her support team that the offered apartment involved moving in with him was a failure to render candid advice. Violation of Rule 2.1 was also a violation of Rule 8.4(a).
Initiating and engaging in a sexual relationship, including performing sex acts on more than one occasion, with a client he knew to be vulnerable and submissive. This action violated Rule 1.7(a)(2) by placing Prolman’s personal interest over the best interests of his client. This action also violated the obligation imposed by the Attorney’s Oath to act in the best interests of his client, or, to use the ancient language, to act “with all good fidelity” toward his client. In initiating the sexual relationship with his client, Prolman put his interest in obtaining sexual gratification ahead of his client’s interests. As Comment 12 to Rule 1.7 states, when a lawyer-client relationship is “unequal,” “a sexual relationship between lawyer and client . . . may involve unfair exploitation of the lawyer’s fiduciary role, in violation of the lawyer’s basic ethical obligation not to use the trust of the client to the client’s disadvantage.”
Consuming alcoholic beverages and providing alcoholic beverages for consumption to his client. While the Court’s March 7, 2016, order prohibited only “excessive” consumption of alcoholic beverages, that order also required compliance with the conditions of Prolman’s federal sentence. The federal probation conditions prohibited any possession or use of alcoholic beverages. Thus, Prolman’s consumption of alcoholic beverages violated this Court’s order, and violated Rule 8.4(d) prohibiting conduct “prejudicial to the administration of justice.” Providing alcoholic beverages to his client caused the client to violate her conditions of probation, placing her freedom and the early termination of her probation at risk. This also violated Rule 8.4(d). And providing alcoholic beverages in those circumstances certainly was not acting toward the client using the best of Prolman’s knowledge and discretion, as required by the Attorney’s Oath.
(Mike Frisch)