Legal Ethics
Another Family Relationship Pitfall for Lawyer Who Had Sex With Client’s Mom
Posted Sep 3, 2008, 12:23 pm CST
By Martha Neil
Reinstated to the Wisconsin bar almost exactly one year ago, after he was given a six-month suspension for having sex with a client in one case and for having sex with a client's mother, without a waiver, in another, attorney Carlos Gamino has is now in trouble again over a different kind of client conflict.
He has been suspended for 18 months, starting yesterday, because he represented both husband and wife in a divorce case, without written consent, according to a Supreme Court of Wisconsin opinion (PDF) filed July 30. The waiver was required because the parties' adverse positions in the case.
"Attorney Gamino's prior disciplinary history is troubling, but we note that the conduct at issue here occurred around the same time as the incidents giving rise to his prior discipline," the court writes, agreeing to impose the 18-month suspension recommended by a referee, after accepting his findings of fact and conclusions of law. "On balance, we agree that the recommended sanction is not inconsistent with other cases involving similar misconduct."
Earlier coverage:
ABAJournal.com: "Sex With Client’s Mom Requires Waiver"