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Ethics and Sex: An Analysis of the Rules Against Attorney-Client Sexual Relationships
| Instructor(s): |
David Hricik, Esq. David Hricik
Professor of Law, Mercer University
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| Cost: |
$80.00
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| Course Media Type: |
Text |
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| Course accreditations: |
| State |
Total Credits |
Ethics |
Other Credit Types |
Expires |
| Arizona | 2 | 2 | N/A | N/A |
| Other States:
AZ, CA, CT, DC, HI, MD, MA, MI, MO, MT, NJ, ND, SD, WV
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This course addresses the background of this issue and the various decisions and approaches to the complex issue of attorney-client sexual relationships. Professor Hricik analyzes the problem, the reaction, and critiques whether the response is in proportion to the problem or is necessary at all.
This course addresses the background of this issue and the various decisions and approaches to
the complex issue of attorney-client sexual relationships. Professor Hricik analyzes the problem,
the reaction, and critiques whether the response is in proportion to the problem or is necessary at all.
Course Table of Contents
I. Introduction
II. Background
A. Attorney Client Sexual Relationships
Have Long Existed
B. Clients Have Various Remedies Against
Lawyers Even Without Sex-Specific Rules
C. The Rise of the Modern View That Extant
Rules and Remedies Are Insufficient
1. Clients Can Never Consent to Sex
with Attorneys: Sex is Always Coerced
2. Sexual Relationships Can Interfere
with the Lawyer’s Professional Judgment
3. Attorney Client Sexual Relationships
Create a Conflict of Interest, and the Conflict is Unconsentable
4. Attorney-Client Sexual Relationships
Can Violate the Duty of Confidentiality
III. Current Approaches
A. Per Se Prohibitions
B. Flexible Approaches
1. Alaska
2. California
3. Utah
C. Other Jurisdictions and Courts
IV. Are the Rules the Appropriate
Response?
V. Conclusion
APPENDIX A
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