A public defender’s sexual relationship with a client wasn’t unethical given their on-again/off-again relationship beginning more than 10 years earlier when the lawyer was in junior high school, a sharply divided West Virginia Supreme Court of Appeals ruled Nov. 17.
The lawyer’s resumption of intimacies amounted to a preexisting sexual relationship and therefore didn’t violate the ethics rule against sex with clients even though the sexual relationship was in a dormant phase at the time she was appointed to represent the man, the court decided (Lawyer Disciplinary Bd. v. Campbell, 2017 BL 413673, W. Va., No. 16-1036, 11/17/17). ...
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