Sex, Lawyers and Vilification
| Publication year | 1992 |
| Pages | 469 |
| Citation | Vol. 21 No. 4 Pg. 469 |
1992, March, Pg. 469. Sex, Lawyers and Vilification
An issue which surfaces from time to time in the arena of ethics, as well as legal malpractice, concerns sexual relations between attorneys and their clients. No longer do responsible members of the bar contend that "all is fair in love and war." There is no specific ethical rule restricting sexual relations between attorneys and their clients. Further, there is a paucity of cases dealing with the subject. Consequently, the question arises as to whether an ethical rule is necessary. Another question is whether there is significant exposure to civil damages which would fiscally restrain lawyers when physical restraint is insufficient.
Colorado attorneys currently are governed by the Code of Professional Responsibility ("Code"). The Preamble to the Code states as follows:
The continued existence of a free and democratic society depends upon recognition of the concept that justice is based upon the rule of law grounded in respect for the dignity of the individual and his capacity through reason for enlightened self-government. Law so grounded makes justice possible, for only through just law does the dignity of the individual attain respect and protection. Without it, individual rights become subject to unrestrained power, respect for law is destroyed, and rational self-government is impossible.
Lawyers, as guardians of the law, play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship with and function in our legal system. A consequent obligation of lawyers is to maintain the highest standards of ethical conduct.
Several disciplinary rules arguably are applicable to this sort of sexual entanglement ethical issue. These include DR 1--102 (Misconduct); DR 4--102 (Preservation of Confidences and Secrets of a Client); DR 5--101 (Refusing Employment When the Interest of the Lawyer May Impair His Independent Professional Judgment); and DR 7--101 (Representing a Client Zealously).
If these disciplinary rules are sufficient to deal with scenarios in which attorneys take advantage of their fiduciary relationship with clients, it is open to question as to whether it is necessary to create an additional rule dealing specifically with what essentially are...
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