December 22, 2008
Sex With Client Draws Proposed Suspension
An Arizona hearing officer has recommended a 60 day suspension followed by probation where an attorney had "engaged in a sexual affair" with a client he had been retained to represent in defending a civil matter brought by her former partner. The hearing officer accepted a consent agreement and concluded the "the affair...did not result in any prejudice to the legal interests of [the client], the opposing party, the court, or any other affected person or entity."
Four prior cases, all of which seem to involve unwelcome comments or advances, are cited for proportionality purposes. There is no indication in the findings of fact that the affair here was anything other than consensual. (Mike Frisch)
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