Attorney Sex with Divorce Client - How Can This Still be a Thing?

Published: March 16, 2023, 12:55 a.m.

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What happens when a lawyer in a Virginia divorce case in which adultery may be an issue enters into a sexual relationship with his female client while the divorce proceedings are ongoing? In this case, the lawyer withdrew from the case and, according to the arguments here, left his client without an attorney. He was reprimanded by the Virginia State Bar and in this hearing before the Supreme Court of Virginia, appeals that reprimand.

The Supreme Court of Virginia podcast is a production of BenGlassLaw, a personal injury and disability law firm headquartered in Fairfax Virginia. The podcast uses recordings that are in the public domain, edited "lightly" for the elimination of filler words and long pauses.

Ruling: no surprise here.\\xa0 In an appeal of right from an attorney disciplinary proceeding before a three judge panel, the circuit court\\u2019s finding that this lawyer violated Rule 1.7(a)(2) by engaging in sexual relations with his divorce client during the representation is supported by the record, and the finding that he added a fault ground for divorce against his client, as well as other findings of fact with which the lawyer takes issue, are likewise supported by the record. You can read the opinion here.

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