Sexual Relations With Client Rule 3-120. Where a lawyer in a firm has sexual relations with a client but does not participate in the representation of that client, the lawyers in the firm shall not be subject to discipline under this rule solely because of the occurrence of such sexual relations. Rule 3-120 is intended to prohibit sexual exploitation by a lawyer in the course of a professional representation. Often, based upon the nature of the underlying representation, a client exhibits great emotional vulnerability and dependence upon the advice and guidance of counsel.
Attorneys owe the utmost duty of good faith and fidelity to clients.
The relationship between an attorney and client is a fiduciary relationship of the very highest character and all dealings between an attorney and client that are beneficial to the attorney will be closely scrutinized with the utmost strictness for unfairness. Where attorneys exercise undue influence over clients or take unfair advantage of clients, discipline is appropriate. In all client matters, a member is advised to keep clients' interests paramount in the course of the member's representation. For purposes of this rule, if the client is an organization, any individual overseeing the representation shall be deemed to be the client.