Things I Did Not Think I Would Ever Have to Teach My Staff About
By michelle | Posted on December 22, 2008 | Filed Under Crime
One rule of the Code of Ethics that I know for sure is Thou Shalt Not Have Sexual Relations With Current Clients. Maybe it was because this is one of the few times in class during law school that we got to talk about sex, or maybe it was because I was (am?) so immature, or, as I like to think, it is just because the rule is so simple. It is also a question people love asking about – I am not sure what they are showing on Law & Order these days, but maybe that has something to do with it.
I was surprised, however, when a current client of mine posed the question to me with a slightly different twist. He asked if it would be unethical of him to date someone in my firm. I paused before I responded, thinking he might ask me on a date, and not sure how I would let him down. He clarified that it was not a lawyer.
“No, that is not unethical. It would be if one of the lawyers at my firm were to do so, but not one of our staff.”
Clear cut as that, I thought, straight out of Missouri Rule 4.1-8. But I had not yet wondered how this relationship would affect firm get-togethers. I would have to be on my best behavior, I worried.
In this case, the client was using our firm for assistance in criminal defense. If he had been a client for a domestic issue, and dated the staff at our firm, or worse, cheated on his wife (or husband) with our firm’s staff, it could present a conflict if the divorce is contested.
Also, there is the potential appearance of impropriety, regardless of the type of case. I have never shied away from handling a traffic ticket for a family member, but to have the outcome of my cases tied more closely to the heart, especially criminal cases, is far from ideal. Perhaps not all attorneys would agree on all types of cases – but I believe in at least domestic and serious criminal cases, careful consideration should be taken if the client is romantically involved with one of your staff members.
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Tags: Code of Ethics, criminal, Divorce, staff
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