Bob

As I read the concern expressed by the ABA when opining on the topic, it is the abuse of the fiduciary relationship that is problematic — that the qpp is a means of taking advantage of the relationship of trust and confidence that the a/c relationhip should represent. In that context, perhaps you (and the ABA) are suggesting there can be no informed consent, even between adults, in an a/c context.

Still, in the instant case, it looks like the sexual relationship was icing — a salacious detail — rather than the basis for the sanction, which was my initial point.

For this guy, perhaps better warnings/prohibitions would be to not (i) alter evidence; (ii) suborn perjury; (iii) steal clients’ money; (iv) ignore trust account requirements; or (v) misrepresent facts to the courts (by, say, editing a videotape to remove scenes that would be harmful to your case).

The “couch fee” in this case is problematic but not the most egregious lapse in ethics. Sex with your client — minus the quid pro quo — isn’t a violation of ethical standards in most jurisdictions anyway and, alone, can’t be a basis for suspension.

That said, isn’t the joke that sex with your client is tantamount to double billing?

and you have to love the fact that the disbarrment is not necessarily permanent.