The New Jersey State Bar Association opposed a new rule making sexual relationships between attorneys and clients a “per se” ethics violation, arguing that – while sexual relations with a client are never a good idea and the rule is well-intentioned – such a rule could be overly rigid, problematic to investigate and fails to account for the complexities of attorney/client relations. The Association believed that maintaining the existing rules that have been applied on a case-by-case approach that focused on the effect of the relationship on the representation would better address the nuances and limited exceptions that inevitably arise, while continuing to protect clients and preserve the integrity of the profession. Although the Supreme Court ultimately reached a different conclusion and adopted the rule, the NJSBA respects the Court’s decision and extends its sincere thanks to the Court, and the Professional Responsibility Rules Committee, for providing the opportunity to present its views during the rulemaking process.
