Mark Hinderks of Stinson, LLP. Courtesy photo

Dear Ethics Lawyer

This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.

Question: I am a domestic relations lawyer representing clients in divorces. I have recently been unexpectedly attracted to a particular client. The client is obviously lonely and in need of companionship; their spouse was unfaithful and had become remote. I find myself drawn to this client, engaging in extended conversations and complimenting them on their appearance as well as how they are handling the separation.

Because the client works during the day, I've even scheduled some of our meetings as dinner meetings at a restaurant. Some of our conversations have become a little flirty, and I believe there is mutual attraction. Last night, as we were texting, the client asked if I would be interested in getting together after the divorce is final, and sent me a sexually revealing picture. I responded in kind, saying that would be nice and attached my own photo.