Consent Stayed Suspension Proposed For Sex With Client

The Ohio Board of Professional Conduct has recommended that a stayed six-month consent suspension be accepted.

The attorney admitted engaging in sexual intercourse with a domestic relations client, who committed suicide shortly thereafter

In September and October 2019, Respondent and C.O. met and spoke on several occasions about the pending divorce. During some of these conversations, Respondent and C.O. discussed personal matters. During the week of October 14, the conversations became increasingly personal. Joint Ex. 6; Consent Agreement ¶¶10-12, 14.

On October 19, 2019, C.O. went to Respondent’s house where they had dinner, drank wine, and engaged in sexual intercourse.

On October 20 and 21, 2019, Respondent and C.O. exchanged intimate text messages. Joint Ex. 6; Consent Agreement ¶17.

On October 21, 2019, C.O. and his wife had a verbal and physical altercation at the marital residence. Later that day, C.O. was found deceased at the marital residence, and his death was determined to be a suicide.

The ABA Journal had reported on the complaint

A partner in the Columbus, Ohio, office of Taft Stettinius & Hollister is facing possible disciplinary action after she allegedly exchanged sexually explicit text messages and engaged in sexual activity with a client.

In a complaint filed Friday, the Ohio Office of Disciplinary Counsel said family law attorney Jessica Mager violated 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].”

Our earlier coverage is linked here. (Mike Frisch)