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While working out a contract for his employer, my husbands female lawyer invited him todinner, which ended up in her bed, and they had sexual relations (all types) for a year. They live in Minnesota. Is this legal?
What happened to taking advantage of lawyer client relationships?

2006-07-18 13:38:57 · 23 answers · asked by Anonymous in Politics & Government Law & Ethics

OK so I meant Husbands but it came out wrong........

2006-07-18 13:40:22 · update #1

ok, so I will no longer be with him, but- she will pay too

2006-07-18 13:42:50 · update #2

I just found this out 3 weeks ago- Fathers day you know. I have a beautiful email from one to another and the answer back about the affair

2006-07-18 13:45:59 · update #3

The work contract they were working onwas so he could live here withhis family in Costa rica part time-
PS SHES 52- I am 30

2006-07-18 13:57:59 · update #4

23 answers

Here in California, sexual relations with a clients is considered a breach of professional ethics if the attorney (1) requires or demands sexual relations with a client incident to or as a condition of any professional representation; or (2) employs coercion, intimidation, or undue influence in entering into sexual relations with a client; or (3) continues representation of a client with whom the member has sexual relations if such sexual relations cause the attorney to perform legal services incompetently.

I have no knowledge of Minnesota law on this subject. You might try contacting the Minnesota State Bar, but I doubt they would accept a complaint under these circumstances.

2006-07-18 13:49:08 · answer #1 · answered by Carl 7 · 1 0

I don't think it is illegal having an affair but rather unethical of both your husband and his lawyer in this situation. If there is a conflict of interests which adversely affects the contract of his employer, then it is illegal and the lawyer is obviously aware of the consequences as a legal professional. Reporting them would surely affects both parties employment status and probably dismissal.
Anyway, your husband may not be just sleeping with this lawyer beside you if he is so 'freely' available. Sorry to said this but I sympathise with you. Do you have 'affairs' too! It is a personal question you have to answer yourself.

2006-07-18 20:53:29 · answer #2 · answered by Nice Guy 2 · 0 0

Generally, there's no specific legal penalty for having sex with a client. There may be other penalties, as this is incredibly unprofessional behavior. Also, in civil court, this may help to establish who was at fault should the parties decide to get a divorce. So she may get fired, and you may end up better off if you dump him, but it's highly unlikely she'd go to jail.

2006-07-18 20:45:25 · answer #3 · answered by Rondo 3 · 0 0

Yes, it is legal, and possibly not even a conflict of interest. It would be a conflict of interest, but still not illegal, if YOUR lawyer had sex with him, but not his own. It could be construed as unethical, depending on the circumstances. For instance, if their business together was job related, it would not even be unethical; if it was personal, like if she was a divorce or family law attorney, THAT would be unethical. BUT, not illegal.

2006-07-18 20:41:46 · answer #4 · answered by Bartmooby 6 · 0 0

chslaw is right on California Legal Ethics. Depending on your state (actually on the lawyer's state) it may be a breach of herprofessional and ethical duties and she may be sanctioned, disciplined, or even disbarred (unlikely) for having sex with a client and interfering with the attorney-client relationship and her competent legal representation. The general rule is its not OK to foo, around with your clients, unless you were fooling around with them before they were your client.

2006-07-18 22:12:03 · answer #5 · answered by I 5 · 0 0

Yes it was legal,,the only time it would be looked at by the bar is if she were representing in a divorce where no prior relationship existed.

2006-07-18 20:43:47 · answer #6 · answered by brp_13 4 · 0 0

Of course it wasn't legal. He was committing adultery, maybe she was also, I don't know. Was she married ? Oh, and it wasn't ethical either due to the lawyer/client relationship.

2006-07-18 20:40:58 · answer #7 · answered by yodeladyhoo 5 · 0 0

I don't think that's illegal but might be frowned on by the state Bar.

You should become a lawyer so you can have sex with her husband.

2006-07-18 20:41:58 · answer #8 · answered by I Know Nuttin 5 · 0 0

Its definitely unethical. Is this man still your husband? He was involved too ya know. He would be the one I would be going after.

2006-07-18 20:42:56 · answer #9 · answered by Anonymous · 0 0

It is ethically wrong, and morally wrong.

You have every right to file for divorce. But, why was he working there, and you were someplace else? Arent you supposed to be with him??

You didnt desert him, now, did you? Just curiosity on my part...

I wish you well..

Jesse

2006-07-18 20:41:34 · answer #10 · answered by x 7 · 0 0

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