Lawyer-client sexual contact: state bars polled
Article Abstract:
The National Law Journal surveyed the 50 state bar associations on the incidence of complaints regarding sexual contact. Such complaints never constituted more than 1% of the complaints made for the period in question and the dispositions differed greatly, but those who conducted the survey felt that the actual number of attorneys who engage in this type of behavior with clients is much higher. The phenomenon is reminiscent of sexual misconduct complaints brought by patients against their psychotherapists.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Draconian sex rules premature
Article Abstract:
The bar has considered two approaches to rules on attorney-client sex: a blanket prohibition such as the one adopted by the American Academy of Matrimonial Lawyers and a narrower approach prohibiting only abusive sexual conduct such as has been adopted by the California and Chicago bars. A lawyer often holds a position of substantial power vis-a-vis a client, but both attorney and client have rights of privacy and freedom of association which should not lightly be restricted.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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State AG's expanding influence
Article Abstract:
Private attorneys dealing with state attorneys general (AGs) must be cognizant of the large amount of prosecutorial discretion in order to best help their clients with regulatory or enforcement disputes. Prosecutorial discretion along with the 1990's stringent budgets have spurred state AGs to apply alternative dispute resolution to public policy disputes. The substantial control which AGs exercise over state government litigation is enshrined in most states' case law.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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