Sex with Current Client and Other New Rules of Professional Conduct
The California Supreme Court approved new Rules on May 10, 2018 via Supreme Court Administrative Order 2018-05-09, and The Rules of Professional Conduct became effective on November 1, 2018.
Basically, a lawyer cannot have sex with a current client UNLESS there was a pre-existing consensual sexual relationship. Thus:
- They must have been having sex before the client became a client.
- The previous sex must be consensual.
Rule 1.8.10 Sexual Relations with Current Client
(Rule Approved by the Supreme Court, Effective November 1, 2018)
(a) A lawyer shall not engage in sexual relations with a current client who is not the
lawyer’s spouse or registered domestic partner, unless a consensual sexual
relationship existed between them when the lawyer-client relationship
(b) For purposes of this rule, “sexual relations” means sexual intercourse or the
touching of an intimate part of another person* for the purpose of sexual arousal,
gratification, or abuse.
(c) If a person* other than the client alleges a violation of this rule, no Notice of
Disciplinary Charges may be filed by the State Bar against a lawyer under this
rule until the State Bar has attempted to obtain the client’s statement regarding,
and has considered, whether the client would be unduly burdened by further
investigation or a charge.
Thus, if George Clooney ever became Amal’s client, their sexual relationship would pass muster under the new rules.