Monday, December 21, 2009

The Gift (or Conflict?) of Romance


The Texas Supreme Court has set forth changes to the state's attorney discipline rules, changes which all lawyers in the Texas bar will vote on next June. The majority of the changes surround conflicts of interest, such as those rules surrounding arbitration agreements and scienter.


Although fascinating topics, there is another proposed rule change that could directly display how greater numbers of women lawyers are influencing the bar.


The Texas Supremes proposed a rule that would prohibit sex between a lawyer and his or her client unless they were already involved in a sexual relationship. This is not a new rule: several states have such a rule. It was strongly recommended by the ABA's ethics committee back in 1992, where they said the clients are often emotionally vulnerable, and that sexual relations can cause serious conflicts of interest.


And interestingly, the rule has been vetoed twice in the past by the Texas bar's board of directors. As this is the first time it will be voted on by all lawyers, some commentators say that the increasing number of women lawyers may influence how the vote turns out.


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