The short answer is that all “sexual relations” with clients are forbidden under Rule 1.8(j), unless a consensual relationship existed between the attorney and the client when the attorney-client relationship commenced. However, what constitutes “sexual relations” was previously not defined at all in the rule, and that has led to some interesting questions in our increasingly remote and virtual world.

Violations of Rule 1.8(j) remain a persistent issue for attorneys. Just since 2020, there have been at least four instances of public discipline for Rule 1.8(j) violations. Discipline in these matters has ranged from public reprimand to disbarment. In ODC v. Shainberg, the respondent received a one-year suspension on consent after he made unwanted physical contact with his client including unwanted hugs and kisses and touching her breasts and crotch. However, the contact also included text messages and phone calls “unrelated to her legal matters.” The respondent also took the client to lunch at a hotel and invited her to go up to a room. Although the disciplinary opinion included allegations that the client’s decisions regarding the objectives of representation were not abided by, the main basis for the one-year suspension appears to be unwanted sexual contact.