This is all your fault, Arnie!

A Connecticut lawyer under fire for commencing a lawyer-client relationship with a woman with whom he was romantically involved made the novel argument that it is good to be in love with your client.  This indicates a profound misunderstanding of human nature and the nature of a lawyer’s duties.

Almost ten years ago, the American Bar Association recommended that state bars include a direct prohibition against lawyers having sexual relations with their clients, and the majority of the states did so. As I have mentioned before, it’s a dumb rule, too broad and too narrow simultaneously, a classic example of how some kinds of unethical conduct do not lend themselves to precise rule-making.  The main problem with the no-sex rules is that they are unnecessary. The legal ethics rules are replete with exhortations to maintain objectivity, independent judgment and to avoid conflicts of interest. Common sense suggests that it is irresponsible to confuse one relationship by adding another; professional standards dictate that combining a professional relationship of independence and with romantic relationships is wrong.  As the D.C. Bar’s Rules of Professional Conduct point out in its comments to Rule 1.7, Conflicts of Interest: Continue reading →