Attorney Sleeping With Client In San Antonio
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There's no professional responsibility rule or case law that says whether you can or can't go on a date with opposing counsel, and no rule or case that tells you at what point you need to disclose the relationship to the client. The comments to ABA Model Rule 1.7, includes this distinguishable passage:
A lawyer shall not knowingly reveal confidential information of a client or former client to a person that the client has instructed is not to receive the information or anyone else…” Tex.
For all of its policy considerations and justifications, the attorney-client privilege has a very real practical consequence: the attorney may neither be compelled to nor may he or she voluntarily disclose matters conveyed in confidence to him or her by the client for the purpose of seeking legal counsel.
The current Model Rule created by the American Bar Association, which has been adopted in most US jurisdictions, provides as follows: ``A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.'' Model Rule 1.8(j).
Put your business forward: Saying no to a client seeking representation isn't personal; it's just business. If an attorney is unable to provide effective counsel, they could ultimately find themselves in a lawsuit.
Loyalty doesn't imply blind allegiance; rather, it necessitates delineating client interests and the greater good of the legal system. A lawyer cannot turn against their client, even when ensnared in dilemmas of moral gravity, without court approval.
There are instances where lawyers are justified, or indeed required, to refuse or withdraw from representation. This may happen if a lawyer's representation would violate the law or their professional code of ethics, or if there is a fundamental disagreement with the client.
It is helpful to remember that all attorneys are lawyers, but not all lawyers are attorneys. The major difference is that attorneys can represent clients in court and other legal proceedings, while lawyers cannot.
The law is clear that a lawyer cannot turn against their client, and any violation of this guideline can invite a stringent investigation from legal authorities. Accusations of treachery are taken seriously and may warrant criminal prosecution to ensure justice is served fairly.
