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IA rejects per se "prejudicial to the administration of justice" standard for sex with clients, but suspends for 30 days

By John Wesley Hall, Jr.

A lawyer was suspended for 30 days for having sex with a client that started in a marriage dissolution case and he was relieved from that but represented her in criminal proceedings. There is no per se rule that sexual relations prejudices the administration of justice, but the marriage dissolution case is aggravating. Supreme Court Attorney Disciplinary Board v. Monroe, 10–0193 (July 16, 2010): Monroe had a sexual relationship with his client that spanned several weeks. Cf. Comm. on Prof’l Ethics & Conduct v. Durham, 279 N.W.2d 280, 285–86 (Iowa 1979) (publicly reprimanding attorney who had inappropriate physical contact with client during prison visit with client). There is no gray area with respect to the prohibition of such conduct, no nuance subject to differing interpretations...continue to full post

Full post as published by Law Of Criminal Defense on July 17, 2010 (boomark / email).