Opinion

In Re Randy J. FUERST

  • 157 So. 3d 569
  • 2014 La. LEXIS 2622
Court
Supreme Court of Louisiana
Filed
Dec 9, 2014
Status
Published
Author
Weimer
On the bench
Johnson, Knoll, Weimer
Cited by
1 cases
Authority
More cited than 11.6%

The opinion

WEIMER, J.,

concurs.

hi agree with the concurrence of Justice Knoll, but would add that an attorney’s duty to refrain from entering into a sexual relationship with a former client stems from the prohibition against conduct prejudicial to the administration of justice, as described in Rule 8.4(d). This duty would terminate when the underlying proceedings are concluded or when the sexual relationship would pose no adverse legal consequences to the client. As this court has previously explained, “[t]he proscription against conduct that is prejudicial to *580 the administration of justice most often applies to litigation-related misconduct. Louisiana State Bar Ass’n v. Harrington, 585 So.2d 514 , 520 n. 4 (La.1990) (citing examples). However, Rule 8.4(d) also reaches conduct that is uncivil, undignified, or unprofessional, regardless of whether it is directly connected to a legal proceeding.” In re Downing, 05-1553, p. 12 n. 5 (La.5/17/06), 930 So.2d 897, 904 . In this matter, the respondent was required to refrain from post-representation sexual conduct with the client that could foresee-ably and negatively impact the legal proceeding for which the client had retained the respondent’s representation.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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