We already have bans for doctors and psychotherapists, and those bans have been upheld.Think of the tough row to hoe to challenge the rule; a lawyer would probably have to be disciplined for having sex with a client, then the case would have to go all the way up to the California Supreme Court. I do think, however, that an ideal test case would be an in-house or business lawyer like you who becomes social friends with her corporate client and then falls in love.The new proposed Rules of Professional Conduct are now before the California Supreme Court and could be passed any day.
Many states like Minnesota, North Carolina and Wisconsin have complete bans on sexual relationships with clients, citing the fact that sex with a client can never be consensual because of the unequal relationship between the attorney and a vulnerable client.
Other states ban it only in criminal law and family law practices. California was the first state to enact a Rule regarding attorney-client sexual relations.
I tried but found that many men post pictures that are dated (read: when they had hair to their shoulders and weighed forty pounds less) and lie about their age and jobs.
The other day I was at my client’s office – he is the VP for a large tech company – and he asked me out to lunch. Signed, This is actually a tough question because you are a business litigator who would be dating someone that is a “sophisticated client”.
So it is not abundantly clear to me that the proposed Rule, if challenged, would pass constitutional muster.