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Although the opinion acknowledged that the Model Rules of Professional Conduct do not specifically address the issue of attorney-client sex, it argued that an attorney's sexual relationship american bar sex a current client "may involve unfair exploitation of the lawyer's fiduciary position and presents a ificant danger that the lawyer's ability to represent the client adequately may be impaired, and that as a consequence the lawyer may violate both the Model Rules and the Model Code.

Any secrets revealed to an attorney by a client outside of their legal relationship may not be protected by attorney-client privilege. Proponents of professional rules against attorney-client sexual contact argue that the legal profession should follow the example of other professions such as psychology and psychiatry, and create strict sanctions against sex with clients.

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A lawyer who becomes sexually involved with a client in a DIVORCE proceeding can take advantage of the client under-going emotional trauma. That lawyer may hinder any attempts at reconciliation between a couple and complicate matters for any children involved.

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Sexual relationships between lawyer and client may also affect custody and child visitation decisions in the case. They bristle at the notion of state bar associations regulating the private affairs of consenting adults.


Nevertheless, attorneys are increasingly being disciplined for becoming sexually involved with clients, and state bar associations are drafting clearer and more stringent rules against attorney-client sexual contact. Wisconsin's Supreme Court, for example, inrevoked the of an attorney in part because he had sex with a client In re Hallows, Wis.

The attorney, the court argued, was "placing his interests above" those of his client.

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Inthe same court for the first time suspended the of a criminal lawyer who had sex with a client In re Ridgeway, Wis. Oregon and Minnesota have adopted outright bans on attorney-client sexual contact. Rule 1.

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It allows exceptions to the rule only for relationships beginning before legal representation has commenced or after it has ended. In the case of clients that are organizations rather than individuals, an attorney may not have sexual contact with any member of the client organization directly overseeing the case.

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