The Sex Police Cometh: Lawyer-Client Sexual Relationships
AbstractThe fiduciary aspect of a lawyer-client relationship is capable of being undermined if a lawyer and his client become sexually involved. Currently, the various law society regulations in Canada are too broad to properly address the problem of unbecoming conduct arising in situations of lawyer-client sexual relationships. Sanctions imposed in cases of lawyer misconduct in this area are too lenient and could lead to a trivialization of this problem by failing to acknowledge the potential harm that exists and by discouraging future complainants from taking action. Sexual involvement is proscribed in other professions' conduct codes. It is suggested the legal profession could benefit from an addition to its conduct codex of a provision proscribing lawyer-client sexual relationships.
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