By Frank Mascagni You’re sitting in your office overwhelmed from the pressures of the day, running late and are scheduled to meet a new client.
You walk in the conference room and to your surprise, sits an attractive, well -dressed woman in a figure flattering outfit (if you know what I mean) that knocks your socks off !
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The attorney was a plaintiff’s personal injury lawyer and allegedly conducted an examination of the client in his office.
Nine more complaints followed in the next six months.
She offers her car title, mortgage on her home, her forthcoming income tax refund, etc.
The civil lawsuit was settled on the eve of trial in December 1997.SCR 3.130(1.7)(12) now states: “A lawyer is prohibited from engaging in sexual relationship with a client, unless the sexual relationship pre-dates the formation of the client-lawyer relationship.See Rule 1.8(j) SCR 3.130(1.8)(j) now states: “A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them before the client-lawyer relationship commenced.” You discuss the facts of her case then discover she has very limited money to fund her legal needs. 100% Free Online Dating for Owensboro Singles at Mingle2Our free personal ads are full of single women and men in Owensboro looking for serious relationships, a little online flirtation, or new friends to go out with.Online dating allows you to meet people you wouldn't usually meet in your everyday life. Sign up now and start flirting with single Christian women in Owensboro. Then she says she doesn’t have it and asks “Is there anything I can do to persuade you to help me? I’ll do anything.” She looks suggestively into your eyes.“I really want you to represent me, I’ll do anything you ask.” Since these rules were enacted effective July 15, 2009, there have not been any reported decisions in the Commonwealth of Kentucky under these new rules.All lawyers, male and female, would be well-advised not to put themselves in a position of being exposed to any claim by a client that they took advantage of the client or were less than competent or diligent in the representation because they were distracted by a sexual relation with a client. KBA Disciplinary Statistics According to the KBA, there were 69 disciplinary files opened during the 2009-2010 fiscal year under Rules 1.7-1.9, the conflict of interest section. The attorney, obviously, is in a superior position in an attorney-client relationship.I have been advised that these two new rules have not generated any significant number of complaints over the last two years. “The attorney who succumbs to a sexual encounter during representation risks financial, profession and personal destruction.” They point out the lawyer has other exposures by way of civil liability for sexual misconduct with a client: claims based on negligence, civil battery, deceit, intentional infliction of emotional distress, legal malpractice, breach of fiduciary duties, negligent infliction of emotional distress (a controversial legal tort), etc.