A paralegal, who had been married for seven years, was employed by a family law attorney. The attorney was retained by a husband to represent him in a divorce case. When the paralegal met the client, she found him to be moderately attractive. Sometime later, after meeting with the client on a matter, the client asked the paralegal if she would meet with him for a drink. She agreed, as a courtesy to the client, and met him for a drink that evening. She met with the client for lunch or drinks several times after that, and eventually the paralegal and the client had an affair-all while the attorney's representation of the client was ongoing. Has the paralegal violated any rule of professional ethics?

Question

Quizplus · Accepted Answer

Yes, because a lawyer cannot have a sexual relationship with a client unless the relationship existed prior to the attorney-client relationship. A lawyer has a concurrent conflict of interest if a significant risk exists "that the representation of one or more clients will be materially limited by . . . a personal interest of the lawyer." Model Rule 1.8(a)(2). "A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced." Model Rule 1.8(j). "A paralegal must not . . . take any actions that attorneys may not take." NALA Code, Canon 1. Answer A is the best choice because it reflects the language of the Model Rules. Answer B is not the best choice because, even if a secret affair is legally recognized as deceit or as a basis for divorce, the conflict of interest could have a direct impact on the paralegal's professional judgment. Neither Answer C, nor Answer D is the best choice because both are incorrect statements.

A Paralegal, Who Had Been Married for Seven Years, Was