88-1.

• Case Date: January 09, 1988
• Court: Alaska

Alaska Ethics Opinion 1988. 88-1. Ethics Opinion No. 88-1Potential Impropriety of Sexual Relationship with a client during the time the attorney represents a client.The Committee has been asked whether it is in violation of the Code of Professional Responsibility for an attorney to engage in a sexual relationship with a client during the time the attorney is representing that client. While the opinion request submitted to the Committee provided specific facts regarding the professional representation of an attorney, during which a sexual relationship occurred, it was felt by the Committee that more effective guidance could be given to the Bar Association by dealing with the question in a general context. It is the opinion of the Committee that a sexual relationship between a client and an attorney during the time the attorney is representing the client is improper under circumstances that would include, but not be limited to, the following:

The relationship is initiated by the attorney under circumstances which may have deprived the client of the ability to exercise free choice;

The attorney exchanges legal services for sexual favors from a client;

The sexual relationship has an adverse affect on the lawyer's ability to protect his client's interest, or is otherwise prejudicial or damaging to the client's case; or

Where the client is in an emotionally fragile condition, and the sexual relationship may have an adverse affect on the client's emotional stability;

Where the sexual conduct is illegal.

There are some circumstances and types of representation under which that sexual relationship is inconsistent with the professional relationship. Sexual relationships are potentially harmful to the client in a situation involving the loss or potential loss or incarceration of other persons of significance to the client. Examples of this principle may include, but are not limited to, situations involving wrongful death, divorce and separation, child custody or adoption disputes, and criminal defense representation of the client's spouse or other family member. A sexual relationship with a client that is initiated by the attorney under circumstances reflecting that the client may have been deprived of a free choice with regard to the relationship is unethical. As an example, in the case of People v. Gibbons, 685 P.2d 168 (Co...