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Lately Texas has been in the news on account of their presence in the World Series. But recently, the state of Texas has also been making headlines for other reasons. In the legal world, Texas lawyers have recently drafted a rule governing lawyer interactions with clients. Rule 1. Texas currently does not have an ethics rule governing sexual relationships between a lawyer and their client. Supporters of this rule argue that it will protect clients from being forced into an unwanted sexual relationship. The drafters of the rule state that attorney-client relationships are almost always financially unequal, and that there is a danger that the lawyer will use their position for personal motives.

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If you believe that your solicitor may have a conflict you should raise this with them. Your solicitor cannot make any decisions without your instructions.

They must carry out your instructions promptly and efficiently in accordance with the law.

The solicitor/client relationship has always been a tricky one - and usually problems refer to a client's unhappiness with a bill, rather than matters literally closer to home. Is it unethical for a lawyer to begin dating a client? I'm not talking about morally ethical, but rather, can an attorney get in any kind of trouble for dating a current (or former client)? The American Bar Association (ABA) has already addressed the issue of lawyer-client sexual relations in their Model Rules of Professional Conduct. ABA Model Rule states that "a lawyer shall not have sexual relations with a client" (unless a consensual relationship existed between them when the client-lawyer relationship commenced).

As the client, you should receive regular ates on the progress of your matter, preferably in writing. Your solicitor must provide advice about all your options, including the best course of action, which may be alternative forms of dispute resolution. Your solicitor must also treat you with respect, be polite and assist in your understanding of the law.

Your solicitor may ask you to pay some of their fees in advance to cover any expenses they incur during their work for you.

This money must be held in trust and cannot be paid to anybody for any expenses without your specific permission, which you may provide in your original costs agreement. Breadcrumb Home For the public Solicitor client relationship Solicitors duties to clients.

In our legal system, the solicitor/client relationship has long been recognized as a fiduciary relationship. The term 'fiduciary' means trust, so in a fiduciary relationship one person (the client) places his or her confidence, good faith, reliance and trust in another (the solicitor), whose . The attorney-client privilege encourages clients to disclose to their attorneys all pertinent information in legal matters by protecting such disclosures from discovery at trial. The privileged information, held strictly between the attorney and the client, may remain private as long as a court does not force disclosure. The privilege does not. An assistant solicitor who backdated a string of client letters to cover his mistakes has been struck off the roll. Andrew Christopher Aitchison, a solicitor for 16 years, backdated letters on six.

What are the duties? Disclosure Your solicitor must tell you in writing how much they will charge you and about other expenses before they start working for you.

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Confidentiality Conversations, correspondence and documentation between you and your solicitor are confidential and can only be revealed in limited situations. Conflicts of interest Your solicitor must not allow their own interests, or the interests of an associate, to conflict with those of a client. They also state that lawyers who get too close to their clients may end up clouding their ability to maintain professional judgment.

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Not surprisingly, most of those opposed to this rule are lawyers. They argue that the new rule would create a whole host of frivolous lawsuits by clients who claim that their attorney has taken advantage of them. ABA Model Rule 1.

Jul 01,   A solicitor who is in a relationship with his client while she goes through an acrimonious contact dispute is to be investigated by the Solicitors Regulation Authority (SRA), with a High Court judge saying that the lawyer is "in a situation where he cannot give independent professional advice". Solicitors' duties to clients. In our legal system, the solicitor/client relationship has long been recognised as a fiduciary relationship. The term 'fiduciary' means trust, so in a fiduciary relationship one person (the client) places his or her confidence, good faith, reliance and trust in another (the solicitor), whose aid, advice or protection is sought in some matter.

In contrast to the Texas rule, the ABA rule is basically an all-out prohibition on lawyer-client sexual relationships. This means that it does not contain any exceptions besides the prior relationship clause- it applies equally to all lawyer-client relationships across the board.

Every lawyer is discouraged from having sexual relations with a client under the ABA standards.

New Rules for When Lawyers Can Have Sex with their Clients

She states that a per se rule is consistent with the standards imposed on other professions. Doctors, social workers, and other health professionals are all subject to a per se standard when it comes to sexual relationships with clients.

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Laws are all about exceptions, but ironically, it appears that the legal field is the exception when it comes to professional ethical standards. Johnson also points out that prior to the introduction of ABA Rule 1.

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Under conflicts of interests rules, a per se standard is also the norm. States that have Texas-style rules include, of all places, California. That is a much more lenient standard than a per se approach.

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It appears that the two states actually do have something in common besides penance, I mean, pennants. Personally, I am more in favor of a per se approach when discussing lawyer-client interactions. Also, why should lawyers be subject to different standards than other professional guilds?

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Professionals should be held to higher and clearer ethical standards, especially those professionals who represent the law of the land. Understandably, the legal profession does not require physical contact as in the medical field.

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But that does not mean that lawyers should be excused from representing their clients in a reasonable manner. The rule makes it seem like all lawyers in general are unscrupulous, money-hungry pimps who abuse their positions of influence though a number of them probably are.

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In my opinion the rule subtly suggests that exchanging favors for fees is just standard practice for all attorneys. On a different note, part of this particular ethical issue lies in the fact that many clients involved in violations do not report such incidences to authorities.

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Such courageous client responses might help prevent abuses more than any rules ever could. You can refer to our reviews page if you want to know what our clients have to say about us. There are enough people in the planet. While could his judgement.

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But thankfully you can still have sex with your therapist.

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