Close encounters

There is nothing like the thorny issue of sexual relations between lawyer and client to split the legal profession.

Should there be a rule against it or shouldn't there? If so, what should it prohibit? Lawyers in Texas are going through this at the moment, and a recent seminar reported by Texas Lawyer magazine highlighted the problems of framing such a ban.

One law professor pointed out that a California rule, which prohibits a lawyer from having physical contact with a client, does not cover the lawyer who exposes him or herself to a client (it takes a lawyer to realise this, so presumably it could well happen).

Another complained that the profession is on verge of becoming a laughing stock as it is one of the few not to ban such behaviour: 'Dietitians are prohibited from having sexual relations [with clients], but lawyers aren't, at least not in Texas.' At least one participant called for more research before going ahead with a rule - it might be interesting to see how the call for volunteers is framed.