MBE Rules · Professional Responsibility

Sexual Relations with Clients

Cal. Rule 1.8.10

The rule

Sexual relations with a current client are prohibited unless a consensual relationship predated the representation — no exception for consent given during representation; for organizational clients the ban runs to constituents who direct the lawyer's work.

In plain English

Lawyers are not allowed to have sexual relationships with their current clients unless that relationship existed before the lawyer started representing them. This rule also applies to employees or representatives of organizations that the lawyer is representing, meaning the lawyer cannot engage in sexual relations with those individuals either.

Worked example

A lawyer begins representing a corporation and later starts a romantic relationship with the CEO, who is a key decision-maker for the corporation. Since the relationship began after the representation started, this would violate the rule against sexual relations with current clients. The outcome is that the lawyer could face disciplinary action for this breach.

Memory hook

No love in the lawyer-client relationship—keep it professional!

The trap

Exams often include fact patterns where students might mistakenly believe consent during representation is sufficient to allow a relationship, which it is not.

How examiners test it

Questions typically present scenarios involving a lawyer's romantic involvement with a client or a key person in an organization, testing the candidate's understanding of the timing and consent rules.

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