Consensual sex with client leads to reprimand in one state, resignation from practice in another
Suspended from practice in New York for two years, over the same conduct that earned him a reprimand (PDF) in Florida, a New York lawyer has opted to resign from practice in the Empire State.
Howard Raab, a matrimonial lawyer, admittedly had consensual sex with a client on one occasion, as the representation was drawing to a close. That contravenes what the Appellate Division, First Department in New York described as “New York’s strong public policy prohibiting lawyers from engaging in sexual relations with clients in domestic relations matters during the course of their representation,” the New York Law Journal (sub. req.) reports.
It cited Rule 1.8(j) of the state’s Rules of Professional Conduct (PDF) for attorneys.
A comment to the rule notes:”Because domestic relations clients are often emotionally vulnerable, domestic relations matters entail a heightened risk of exploitation of the client. Accordingly, lawyers are flatly prohibited from entering into sexual relations with domestic relations clients during the course of the representation even if the sexual relationship is consensual and even if prejudice to the client is not immediately apparent.”
Raab, who currently practices in New Mexico, did not immediately respond to requests for comment from the ABA Journal left both at his office phone there and a listed Florida office number.
