Location
Marshall University
Start Date
12-4-2019 2:50 PM
Description
Attorneys play a critical role in remedying the problem of sexual assault in American industry, but the legal profession does not consistently police itself regarding such issues.
In 2002, the American Bar Association established a model ethical rule prohibiting attorneys from entering into sexual relationships with a client unless the sexual relationship existed at the time the attorney-client relationship began. As of 2019, twenty states plus the District of Columbia have failed to adopt the model rule or substantially similar prohibitions. Furthermore, only eight states by rule address sexual relationships between attorneys and constituents of organizational clients. State ethics rules are also inconsistent as to evidentiary burdens and presumptions regarding the impropriety of sexual relationships. This research examines the approaches of each of the fifty states plus the District of Columbia to develop an express regulatory approach that is more consistent with ethical principles and duties generally.
Included in
Attorney-Client Sexual Relationships in the #MeToo Era
Marshall University
Attorneys play a critical role in remedying the problem of sexual assault in American industry, but the legal profession does not consistently police itself regarding such issues.
In 2002, the American Bar Association established a model ethical rule prohibiting attorneys from entering into sexual relationships with a client unless the sexual relationship existed at the time the attorney-client relationship began. As of 2019, twenty states plus the District of Columbia have failed to adopt the model rule or substantially similar prohibitions. Furthermore, only eight states by rule address sexual relationships between attorneys and constituents of organizational clients. State ethics rules are also inconsistent as to evidentiary burdens and presumptions regarding the impropriety of sexual relationships. This research examines the approaches of each of the fifty states plus the District of Columbia to develop an express regulatory approach that is more consistent with ethical principles and duties generally.
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