Private Admonition For Self-Reported Sex With Client

A recent private admonition from Delaware

DISCIPLINARY ACTION PRIVATE ADMONITION.

ODC File No. 112894-B

Effective Date: September 12, 2016

A Delaware lawyer was privately admonished for violation of Rule 1.8(j) of the Delaware Lawyers’ Rules of Professional Conduct (engaging in sexual relations with a client). The lawyer agreed to represent a client in a civil matter. Approximately nine months after the representation began, the lawyer and client resumed an intimate personal relationship from twenty years prior and had consensual sexual relations. The sexual relationship and lawyer-client relationship continued for two months until the lawyer terminated the representation and self-reported to ODC.

The Delaware rule on sex with a client

(j) A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.

Apparently there is no “old flame” exception to the Rule.  (Mike Frisch)