Home -> Law Blog Directory -> Criminal Law Blogs -> Law Of Criminal Defense

Criminal Law

: Law Of Criminal Defense

SC: Sex with client's spouse during the representation is a per se conflict of interest under 1.7

By John Wesley Hall, Jr.

Sex with client's spouse during the representation is a per se conflict of interest. In the Matter of Anonymous, No. 26879 (S.C. September 13, 2010): The Panel specifically stated it did not condone Respondent's conduct in this case, noting: "we find it morally inappropriate and ill-advised at best." However, the Panel found that sleeping with the spouse of a client did not constitute a per se violation of the Rules of Professional Conduct, and that in viewing the totality of this case, it did not believe Respondent's conduct rose to the level of a Rule 1.7 violation. We disagree. The circumstances and facts of this case come dangerously close to an outright conflict of interest under Rule 1.7(a)(1). ODC maintains the Panel erred because it found Respondent's conduct to be morally inappropriate and ill-advised, yet still found the conduct did not rise to the level of a Rule 1...continue to full post

Full post as published by Law Of Criminal Defense on September 15, 2010 (boomark / email).