SCR 3.130(1.7)(12) now states: “A lawyer is prohibited from engaging in sexual relationship with a client, unless the sexual relationship pre-dates the formation of the client-lawyer relationship.
See Rule 1.8(j) SCR 3.130(1.8)(j) now states: “A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them before the client-lawyer relationship commenced.” You discuss the facts of her case then discover she has very limited money to fund her legal needs.
Additional Considerations Other Than Your Retention of Your Bar License I read an interesting article in the Trial Magazine, August 1999, entitled Sex and the Law by authors Michael A. The lawyer would obviously be obligated to report a lawsuit to his legal malpractice carrier.Additionally, the lawyer opens himself up to a claim of sexual harassment and potentially subjected to a criminal sexual charge under the Kentucky Penal Code.You try not to be distracted by the client’s appearance, her dress, her voice and her sexy mannerisms.The Supreme Court Rules Effective July 15, 2009, the Supreme Court of Kentucky enacted two new rules in the Conflict of Interest sections dealing with sexual relations with a client.All lawyers must always remember that they serve in a counseling relationship and in a position of trust.
We have a moral, legal, and ethical responsibility to act in the best interests of our clients. They point out that attorneys are in a position of power and most clients are vulnerable.Prosecutors had charged Warren Jeffs -- leader of the nation's most notorious polygamous sect, the Fundamentalist Church of Jesus Christ of Latter-Day Saints -- with sexually assaulting two underage girls in the group's Texas compound.For weeks, spectators whispered that the prosecutors possessed a vivid "rape tape" from 2006.However, there are three reported published opinions under the old rules dealing with the subject matter.Kentucky Supreme Court Published Opinions 1999-2006 Kentucky Bar Association v Belker, 997 SW2d470 (KY. This was a well-publicized opinion involving a Louisville, Kentucky lawyer, Norman L. In June 1996, two former clients filed bar complaints alleging improper sexual contact with the attorney.The jurors stared at the images, openly dreading what they were about to hear.