# Conn. R. Prof'l Conduct 1.8: Rule 1.8. Conflict

> Connecticut · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_8

## Section

- **Citation:** Conn. R. Prof'l Conduct 1.8
- **Heading:** Rule 1.8. Conflict
- **Jurisdiction:** Connecticut
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Connecticut Court Rules / Connecticut Rules of Professional Conduct / Conn. R. Prof'l Conduct 1.8

## Text

Conflict
of
Interest:
Prohibited
Transactions
(a) A lawyer shall not enter into a business transaction, including investment services, with a client
or former client or knowingly acquire an ownership,
possessory, security or other pecuniary interest
adverse to a client or former client unless:
(1) The transactionandterms onwhich thelawyer
acquires the interest are fair and reasonable to the
client or former client and are fully disclosed and
transmitted in writing to the client or former client
in a manner that can be reasonably understood by
the client or former client;
(2) The client or former client is advised in writing
that the client or former client should consider the
desirability of seeking and is given a reasonable
opportunity to seek the advice of independent legal
counsel in the transaction;
(3) The client or former client gives informed consent in writing signed by the client or former client,
to the essential terms of the transaction and the
lawyer’s role in the transaction, including whether
the lawyer is representing the client in the transaction;
(4) With regard to a business transaction, the
lawyer advises the client or former client in writing
either (A) that the lawyer will provide legal services
to the client or former client concerning the transaction, or (B) that the lawyer will not provide legal
services to the client or former client and that the
lawyer is involved as a business person only and
not as a lawyer representing the client or former
client and that the lawyer is not one to whom the
client or former client can turn for legal advice concerning the transaction; and
al services
to the client or former client concerning the transaction, or (B) that the lawyer will not provide legal
services to the client or former client and that the
lawyer is involved as a business person only and
not as a lawyer representing the client or former
client and that the lawyer is not one to whom the
client or former client can turn for legal advice concerning the transaction; and
(5) With regard to the providing of investment
services, the lawyer advises the client or former

Rule 1.8
client in writing (A) whether such services are covered by legal liability insurance or other insurance,
and either (B) that the lawyer will provide legal services to the client or former client concerning the
transaction, or (C) that the lawyer will not provide
legal services to the client or former client and that
the lawyer is involved as a business person only
and not as a lawyer representing the client or former
client and that the lawyer is not one to whom the
client or former client can turn to for legal services
concerning the transaction. Investment services
shall apply only where the lawyer has either a direct
or indirect control over the invested funds and a
direct or indirect interest in the underlying investment.
For purposes of subsection (a) (1) through (a)
(5), the phrase ‘‘former client’’ shall mean a client
for whom the two-year period starting from the conclusion of representation has not expired.
(b) A lawyer shall not use information relating to
representation of a client to the disadvantage of
the client unless the client gives informed consent,
except as permitted or required by these Rules.
ent.
For purposes of subsection (a) (1) through (a)
(5), the phrase ‘‘former client’’ shall mean a client
for whom the two-year period starting from the conclusion of representation has not expired.
(b) A lawyer shall not use information relating to
representation of a client to the disadvantage of
the client unless the client gives informed consent,
except as permitted or required by these Rules.
(c) A lawyer shall not solicit any substantial gift
from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the
lawyer or a person related to the lawyer any substantial gift, unless the lawyer or other recipient of
the gift is related to the client. For purposes of this
paragraph, related persons include a spouse, child,
grandchild, parent, grandparent or other relative or
individual with whom the lawyer or the client maintains a close, familial relationship.
(d) Prior to the conclusion of representation of
a client, a lawyer shall not make or negotiate an
agreement giving the lawyer literary or media rights
to a portrayal or account based in substantial part
on information relating to the representation.
(e) A lawyer shall not provide financial assistance
to a client in connection with pending or contemplated litigation, except that:
(1) A lawyer may pay court costs and expenses
of litigation on behalf of a client, the repayment of
which may be contingent on the outcome of the
matter;
(2) A lawyer representing an indigent client may
pay court costs and expenses of litigation on behalf
of the client; and
lawyer shall not provide financial assistance
to a client in connection with pending or contemplated litigation, except that:
(1) A lawyer may pay court costs and expenses
of litigation on behalf of a client, the repayment of
which may be contingent on the outcome of the
matter;
(2) A lawyer representing an indigent client may
pay court costs and expenses of litigation on behalf
of the client; and
(3) A lawyer representing an indigent client pro
bono; a lawyer representing an indigent client pro
bono through a nonprofit legal services or public
interest organization, a law school clinical or pro
bono program, or a state or local bar association
program; and a lawyer representing an indigent client through a public defender’s office may provide
modest gifts to the client to pay for food, shelter,
21
transportation, medicine and other basic living
expenses. A lawyer may not:
(i) promise, assure or imply the availability of such
gifts prior to retention, or as an inducement to continue the client-lawyer relationship after retention,
or as an inducement to take, or forgo taking, any
action in the matter;
(ii) seek or accept reimbursement from the client,
a relative of the client, or anyone affiliated with the
client; or
(iii) publicize or advertise a willingness to provide
such gifts to prospective clients.
A lawyer may provide financial assistance permitted by this Rule even if the representation is eligible
for fees under a fee-shifting statute.
o take, or forgo taking, any
action in the matter;
(ii) seek or accept reimbursement from the client,
a relative of the client, or anyone affiliated with the
client; or
(iii) publicize or advertise a willingness to provide
such gifts to prospective clients.
A lawyer may provide financial assistance permitted by this Rule even if the representation is eligible
for fees under a fee-shifting statute.
(f) A lawyer shall not accept compensation for
representing a client from one other than the client unless:
(1) The client gives informed consent; subject to
revocationbytheclient, suchinformedconsentshall
be implied where the lawyer is retained to represent
a client by a third party obligated under the terms
of a contract to provide the client with a defense;
(2) There is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship; and
(3) Information relating to representation of a client is protected as required by Rule 16.
(g) A lawyer who represents two or more clients
shall not participate in making an aggregate settlement of the claims of or against the clients, or in a
criminal case an aggregated agreement as to guilty
or nolo contendere pleas, unless each client gives
informed consent, in a writing signed by the client.
The lawyer’s disclosure shall include the existence
and nature of all the claims or pleas involved and
of the participation of each person in the settlement.
Subject to revocation by the client and to the terms
of the contract, such informed consent shall be
implied and need not be in writing where the lawyer
is retained to represent a client by a third party
obligated under the terms of a contract to provide
the client with a defense and indemnity for the loss
and the third party elects to settle a matter without
contribution by the client.
ettlement.
Subject to revocation by the client and to the terms
of the contract, such informed consent shall be
implied and need not be in writing where the lawyer
is retained to represent a client by a third party
obligated under the terms of a contract to provide
the client with a defense and indemnity for the loss
and the third party elects to settle a matter without
contribution by the client.
(h) A lawyer shall not:
(1) Make an agreement prospectively limiting the
lawyer’s liability to a client for malpractice unless
the client is independently represented in making
the agreement; or
(2) Settle a claim or potential claim for such liability with an unrepresented client or former client
unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel
in connection therewith.

Rule 1.8
(i) A lawyer shall not acquire a proprietary interest
in the cause of action or subject matter of litigation
the lawyer is conducting for a client, except that the
lawyer may:
(1) Acquire a lien granted by law to secure the
lawyer’s fee or expenses; and
(2) Contract with a client for a reasonable contingent fee in a civil case.
(j) A lawyer shall not have sexual relations with
a client unless a consensual sexual relationship
existed between them when the client-lawyer relationship commenced.
(k) While lawyers are associated in a firm, a prohibition in the foregoing subsection (a) through (i) that
applies to any one of them shall apply to all of them.
Contract with a client for a reasonable contingent fee in a civil case.
(j) A lawyer shall not have sexual relations with
a client unless a consensual sexual relationship
existed between them when the client-lawyer relationship commenced.
(k) While lawyers are associated in a firm, a prohibition in the foregoing subsection (a) through (i) that
applies to any one of them shall apply to all of them.

COMMENTARY: Business Transactions between Client
and Lawyer. Subsection (a) expressly applies to former clients
as well as existing clients. A lawyer’s legal skill and training,
together with the relationship of trust and confidence between
lawyer and client, create the possibility of overreaching when the
lawyerparticipatesina business, propertyorfinancialtransaction
with a client, for example, a loan or sales transaction or a lawyer
investment on behalf of a client. The requirements of subsection
(a) must be met even when the transaction is not closely related
to the subject matter of the representation, as when a lawyer
drafting a will for a client learns that the client needs money for
unrelated expenses and offers to make a loan to the client. It
also applies to lawyers purchasing property from estates they
represent. It does not apply to ordinary fee arrangements
between client and lawyer, which are governed by Rule 1.5,
although its requirements must be met when the lawyer accepts
an interest in the client’s business or other nonmonetary property
as payment of all or part of a fee. In addition, the Rule does not
apply to standard commercial transactions between the lawyer
and the client for products or services that the client generally
markets to others, for example, banking or brokerage services,
products manufactured or distributed by the client, and utilities’
services. In such transactions, the lawyer has no advantage in
dealing with the client, and the restrictions in subsection (a) are
unnecessary and impracticable
commercial transactions between the lawyer
and the client for products or services that the client generally
markets to others, for example, banking or brokerage services,
products manufactured or distributed by the client, and utilities’
services. In such transactions, the lawyer has no advantage in
dealing with the client, and the restrictions in subsection (a) are
unnecessary and impracticable.
Subsection (a) (1) requires that the transaction itself be fair
to the client and that its essential terms be communicated to the
client, in writing, in a manner that can be reasonably understood.
Subsection (a) (2) requires that the client also be advised, in
writing, of the desirability of seeking the advice of independent
legalcounsel.Italsorequiresthatthe clientbegivenareasonable
opportunity to obtain such advice. Subsection (a) (3) requires
that the lawyer obtain the client’s informed consent, in a writing
signed by the client, both to the essential terms of the transaction
and to the lawyer’s role. When necessary, the lawyer should
discuss both the material risks of the proposed transaction,
including any risk presented by the lawyer’s involvement, and
the existence of reasonably available alternatives and should
explain why the advice of independent legal counsel is desirable.
See Rule 1.0 (f) (definition of informed consent).
The risk to a client is greatest when the client expects the
lawyer to represent the client in the transaction itself or when
the lawyer’s financial interest otherwise poses a significant risk
that the lawyer’s representation of the client will be materially
limited by the lawyer’s financial interest in the transaction. Here,
the lawyer’s role requires that the lawyer must comply, not only
22
with the requirements of subsection (a), but also with the requirements of Rule 1.7
t the client in the transaction itself or when
the lawyer’s financial interest otherwise poses a significant risk
that the lawyer’s representation of the client will be materially
limited by the lawyer’s financial interest in the transaction. Here,
the lawyer’s role requires that the lawyer must comply, not only
22
with the requirements of subsection (a), but also with the requirements of Rule 1.7. Under that Rule, the lawyer must disclose
the risks associated with the lawyer’s dual role as both legal
adviser and participant in the transaction, such as the risk that
the lawyer will structure the transaction or give legal advice in
a way that favors the lawyer’s interests at the expense of the
client. Moreover, the lawyer must obtain the client’s informed
consent. In some cases, the lawyer’s interest may be such that
Rule1.7 willpreclude thelawyerfrom seekingthe client’sconsent
to the transaction.
If the client is independently represented in the transaction,
subsection (a) (2) of this Rule is inapplicable, and the subsection
(a) (1) requirement for full disclosure is satisfied either by a
written disclosure by the lawyer involved in the transaction or
by the client’s independent counsel. The fact that the client
was independently represented in the transaction is relevant in
determining whether the agreement was fair and reasonable to
the client as subsection (a) (1) further requires.
Use of Information Relatedto Representation.Useofinformation relating to the representation to the disadvantage of the
client violates the lawyer’s duty of loyalty. Subsection (b) applies
when the information is used to benefit either the lawyer or a
third person, such as another client or business associate of the
lawyer. For example, if a lawyer learns that a client intends to
purchase and develop several parcels of land, the lawyer may
not use that information to purchase one of the parcels in competition with the client or to recommend that another client make
such a purchase
s
when the information is used to benefit either the lawyer or a
third person, such as another client or business associate of the
lawyer. For example, if a lawyer learns that a client intends to
purchase and develop several parcels of land, the lawyer may
not use that information to purchase one of the parcels in competition with the client or to recommend that another client make
such a purchase. The Rule does not prohibit uses that do not
disadvantage the client. For example, a lawyer who learns a
government agency’s interpretation of trade legislation during
the representation of one client may properly use that information
to benefit other clients. Subsection (b) prohibits disadvantageous
use of client information unless the client gives informed consent,
except as permitted or required by these Rules. See Rules 1.2
(d), 1.6, 1.9 (c), 3.3, 4.1 (b), 8.1 and 8.3.
Gifts to Lawyers. A lawyer may accept a gift from a client,
if the transaction meets general standards of fairness. For example, a simple gift such as a present given at a holiday or as a
token of appreciation is permitted. If a client offers the lawyer a
more substantial gift, subsection (c) does not prohibit the lawyer
from accepting it, although such a gift may be voidable by the
client under the doctrine of undue influence, which treats client
gifts as presumptively fraudulent. In any event, due to concerns
about overreaching and imposition on clients, a lawyer may not
suggest that a substantial gift be made to the lawyer or for the
lawyer’s benefit, except where the lawyer is related to the client
as set forth in paragraph (c).
If effectuation of a substantial gift requires preparing a legal
instrument such as a will or conveyance, the client should have
the detached advice that another lawyer can provide. The sole
exception to thisRule is where the client is arelative of the donee
ntial gift be made to the lawyer or for the
lawyer’s benefit, except where the lawyer is related to the client
as set forth in paragraph (c).
If effectuation of a substantial gift requires preparing a legal
instrument such as a will or conveyance, the client should have
the detached advice that another lawyer can provide. The sole
exception to thisRule is where the client is arelative of the donee.
This Rule does not prohibit a lawyer from seeking to have
the lawyer or a partner or associate of the lawyer named as
executor of the client’s estate or to another potentially lucrative
fiduciary position. Nevertheless, such appointments will be subject to the general conflict of interest provision in Rule 1.7 when
there is a significant risk that the lawyer’s interest in obtaining
the appointment will materially limit the lawyer’s independent
professional judgment in advising the client concerning the
choice of an executor or other fiduciary. In obtaining the client’s
informed consent to the conflict, the lawyer should advise the
client concerning the nature and extent of the lawyer’s financial
interest in the appointment, as well as the availability of alternative candidates for the position.
Literary Rights. An agreement by which a lawyer acquires
literary or media rights concerning the conduct of the representation creates a conflict between the interests of the client and

Rule 1.8
the personal interests of the lawyer. Measures suitable in the
representation of the client may detract from the publication
value of an account of the representation. Subsection (d) does
not prohibit a lawyer representing a client in a transaction concerning literary property from agreeing that the lawyer’s fee shall
consist of a share in ownership in the property,if the arrangement
conforms to Rule 1.5 and subsections (a) and (i).
Financial Assistance
n the
representation of the client may detract from the publication
value of an account of the representation. Subsection (d) does
not prohibit a lawyer representing a client in a transaction concerning literary property from agreeing that the lawyer’s fee shall
consist of a share in ownership in the property,if the arrangement
conforms to Rule 1.5 and subsections (a) and (i).
Financial Assistance. Lawyers may not subsidize lawsuits
or administrative proceedings brought on behalf of their clients,
including making or guaranteeing loans to their clients for living
expenses, because to do so would encourage clients to pursue
lawsuits that might not otherwise be brought and because such
assistance gives lawyers too great a financial stake in the litigation. These dangers do not warrant a prohibition on a lawyer
lending a client court costs and litigation expenses, including the
expenses of medical examination and the costs of obtaining
and presenting evidence, because these advances are virtually
indistinguishable from contingent fees and help ensure access to
the courts. Similarly, an exception allowing lawyers representing
indigent clients to pay court costs and litigation expenses regardless of whether these funds will be repaid is warranted.
Subsection (e)(3) providesanotherexception. A lawyer representing an indigent client who does not pay a fee may give the
client gifts in the form of modest contributions toward basic
necessities of life such as food, shelter, transportation, clothing,
and medicine. If the gift may have consequences for the client,
including, e.g.,forreceipt ofgovernment benefits,socialservices,
or tax liability, the lawyer should consult with the client about
such consequences. See Rule 1.4.
The subsection (e) (3) exception is narrow. Modest contributions towards basic necessities are allowed only in circumstances where it is unlikely to create conflicts of interest or
invite abuse
gift may have consequences for the client,
including, e.g.,forreceipt ofgovernment benefits,socialservices,
or tax liability, the lawyer should consult with the client about
such consequences. See Rule 1.4.
The subsection (e) (3) exception is narrow. Modest contributions towards basic necessities are allowed only in circumstances where it is unlikely to create conflicts of interest or
invite abuse.
Financial assistance, including modest gifts pursuant to subsection (e) (3), may be provided even if the representation is
eligible for fees under a fee-shifting statute. However, subsection
(e) (3) does not permit lawyers to provide assistance in other
contemplated or pending litigation in which the lawyer may eventually recover a fee, such as contingent-fee personal injury cases
or cases in which fees may be available under a contractual
fee-shifting provision, even if the lawyer does not eventually
receive a fee.
Person Paying for a Lawyer’s Services. Subsection (f)
requires disclosure of the fact that the lawyer’s services are
being paid for by a third party. Such an arrangement must also
conform to the requirements of Rule 1.6 concerning confidentiality and Rule 1.7 concerning conflict of interest. Where the client
is a class, consent may be obtained on behalf of the class by
court-supervised procedure.
Lawyers are frequently asked to represent a client under
circumstances in which a third person will compensate the lawyer, in whole or in part. The third person might be a relative or
friend, an indemnitor (such as a liability insurance company) or
a co-client (such as a corporation sued along with one or more
of its employees)
may be obtained on behalf of the class by
court-supervised procedure.
Lawyers are frequently asked to represent a client under
circumstances in which a third person will compensate the lawyer, in whole or in part. The third person might be a relative or
friend, an indemnitor (such as a liability insurance company) or
a co-client (such as a corporation sued along with one or more
of its employees). Because third-party payers frequently have
interests that differ from those of the client, including interests
in minimizing the amount spent on the representation and in
learning how the representation is progressing, lawyers are prohibited from accepting or continuing such representations unless
the lawyer determines that there will be no interference with
the lawyer’s independent professional judgment and there is
informed consent from the client. See also Rule 5.4 (c) (prohibiting interference with a lawyer’s professional judgment by one
who recommends, employs or pays the lawyer to render legal
services for another).
Sometimes, it will be sufficient for the lawyer to obtain the
client’s informed consent regarding the fact of the payment and
23
the identity of the third-party payer. If, however, the fee arrangement creates a conflict of interest for the lawyer, then the lawyer
must comply with Rule 1.7. The lawyer must also conform to
the requirements of Rule 1.6 concerning confidentiality. Under
Rule 1.7 (a), a conflict of interest exists if there is significant risk
that the lawyer’s representation of the client will be materially
limited by the lawyer’s own interest in the fee arrangement or by
the lawyer’s responsibilities to the third-party payer (for example,
when the third-party payer is a co-client). Under Rule 1.7 (b),
the lawyer may accept or continue the representation with the
informed consent of each affected client, unless the conflict is
nonconsentable under that subsection. Under Rule 1.7 (b), the
informed consent must be confirmed in writing.
Aggregate Settlements
ent or by
the lawyer’s responsibilities to the third-party payer (for example,
when the third-party payer is a co-client). Under Rule 1.7 (b),
the lawyer may accept or continue the representation with the
informed consent of each affected client, unless the conflict is
nonconsentable under that subsection. Under Rule 1.7 (b), the
informed consent must be confirmed in writing.
Aggregate Settlements. Differences in willingness to make
or accept an offer of settlement are among the risks of common
representation of multiple clients by a single lawyer. Under Rule
1.7, this is one of the risks that should be discussed before
undertaking the representation, as part of the process of
obtaining the clients’ informed consent. In addition, Rule 1.2 (a)
protects each client’s right to have the final say in deciding
whether to accept or reject an offer of settlement and in deciding
whether to enter a guilty or nolo contendere plea in a criminal
case. The rule stated in this paragraph is a corollary of both
these Rules and provides that, before any settlement offer or
plea bargain is made or accepted on behalf of multiple clients,
the lawyer must inform each of them about all the material terms
of the settlement, including what the other clients will receive or
pay if the settlement or plea offer is accepted. See also Rule
1.0 (f) (definition of informed consent). Lawyers representing a
class of plaintiffs or defendants, or those proceeding derivatively,
may not have a full client-lawyer relationship with each member
of the class; nevertheless, such lawyers must comply with applicable rules regulating notification of class members and other
procedural requirements designed to ensure adequate protection of the entire class.
Limiting
Liability
and
Settling
Malpractice
Claims.
Agreements prospectively limiting a lawyer’s liability for malpractice are prohibited unless the client is independently represented
in making the agreement because they are likely to undermine
competent and diligent representation
ation of class members and other
procedural requirements designed to ensure adequate protection of the entire class.
Limiting
Liability
and
Settling
Malpractice
Claims.
Agreements prospectively limiting a lawyer’s liability for malpractice are prohibited unless the client is independently represented
in making the agreement because they are likely to undermine
competent and diligent representation. Also, many clients are
unable to evaluate the desirability of making such an agreement
before a dispute has arisen, particularly if they are then represented by the lawyer seeking the agreement. This subsection
does not, however, prohibit a lawyer from entering into an
agreement with the client to arbitrate legal malpractice claims,
provided such agreements are enforceable and the client is fully
informed of the scope and effect of the agreement. Nor does
this subsection limit the ability of lawyers to practice in the form
of a limited-liability entity, where permitted by law, provided that
each lawyer remains personally liable to the client for his or her
own conduct and the firm complies with any conditions required
by law, such as provisions requiring client notification or maintenance of adequate liability insurance. Nor does it prohibit an
agreement in accordance with Rule 1.2 that defines the scope
of the representation, although a definition of scope that makes
the obligationsof representation illusorywill amount toanattempt
to limit liability.
Agreements settling a claim or a potential claim for malpractice are not prohibited by this Rule. Nevertheless, in view of the
danger that a lawyer will take unfair advantage of an unrepresented client or former client, the lawyer must first advise such
a person in writing of the appropriateness of independent representation in connection with such a settlement. In addition, the
lawyer must give the client or former client a reasonable opportunity to find and consult independent counsel.
Acquiring Proprietary Interest in Litigation
t a lawyer will take unfair advantage of an unrepresented client or former client, the lawyer must first advise such
a person in writing of the appropriateness of independent representation in connection with such a settlement. In addition, the
lawyer must give the client or former client a reasonable opportunity to find and consult independent counsel.
Acquiring Proprietary Interest in Litigation. Subsection (i)
states the traditional general rule that lawyers are prohibited

Rule 1.8
from acquiring a proprietary interest in litigation. Like subsection
(e), the general rule, which has its basis in common-law champerty and maintenance, is designed to avoid giving the lawyer
too great an interest in the representation. In addition, when
the lawyer acquires an ownership interest in the subject of the
representation, it will be more difficult for a client to discharge
the lawyer if the client so desires. The Rule is subject to specific
exceptions developed in decisional law and continued in these
Rules.Theexceptionforcertain advancesofthecosts oflitigation
is set forth in subsection (e). In addition, subsection (i) sets forth
exceptions for liens authorized by law to secure the lawyer’s
fees or expenses and contracts for reasonable contingent fees.
The law of each jurisdiction determines which liens are authorized by law. These may include liens granted by statute, liens
originating in common law and liens acquired by contract with
the client. When a lawyer acquires by contract a security interest
in property other than that recovered through the lawyer’s efforts
in the litigation, such an acquisition is a business or financial
transaction with a client and is governed by the requirements
of subsection (a). Contracts for contingent fees in civil cases are
governed by Rule 1.5.
Client-Lawyer Sexual Relationships. The relationship
between lawyer and client is a fiduciary one in which the lawyer
occupies the highest position of trust and confidence
’s efforts
in the litigation, such an acquisition is a business or financial
transaction with a client and is governed by the requirements
of subsection (a). Contracts for contingent fees in civil cases are
governed by Rule 1.5.
Client-Lawyer Sexual Relationships. The relationship
between lawyer and client is a fiduciary one in which the lawyer
occupies the highest position of trust and confidence. The relationship is almost always unequal; thus, a sexual relationship
between lawyer and client can involve unfair exploitation of the
lawyer’s fiduciary role, in violation of the lawyer’s basic ethical
obligation not to use the trust of the client to the client’s disadvantage.Inaddition, sucharelationshippresentsa significantdanger
that, because of the lawyer’s emotional involvement, the lawyer
will be unable to represent the client without impairment of the
exercise of independent professional judgment. Moreover, a
blurred line between the professional and personal relationships
may make it difficult to predict to what extent client confidences
will be protected by the attorney-client evidentiary privilege, since
client confidences are protected by privilege only when they are
imparted in the context of the client-lawyer relationship. Because
of the significant danger of harm to client interest and because
the client’s own emotional involvement renders it unlikely that
theclient couldgiveadequateinformed consent,this Ruleprohibits thelawyer from having sexual relations with a client regardless
of whether the relationship is consensual and regardless of the
absence of prejudice to the client.
Sexualrelationships thatpredatetheclient-lawyerrelationship
are not prohibited. Issues relating to the exploitation of the fiduciary relationship and client dependency are diminished when
the sexual relationship existed prior to the commencement of
the client-lawyer relationship
a client regardless
of whether the relationship is consensual and regardless of the
absence of prejudice to the client.
Sexualrelationships thatpredatetheclient-lawyerrelationship
are not prohibited. Issues relating to the exploitation of the fiduciary relationship and client dependency are diminished when
the sexual relationship existed prior to the commencement of
the client-lawyer relationship. However, before proceeding with
the representation in these circumstances, the lawyer should
consider whether the lawyer’s ability to represent the client will
be materially limited by the relationship. See Rule 1.7 (a) (2).
Imputation of Prohibitions. Under subsection (k), a prohibition on conduct by an individual lawyer in subsections (a) through
(i) also applies to all lawyers associated in a firm with the personally prohibited lawyer. The prohibition set forth in subsection (j)
is personal and is not applied to associated lawyers.

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- [Conn. R. Prof'l Conduct 1.2 Rule 1.2. Scope of Representation and Allocation of Authority between Client and](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_2.md)
- [Conn. R. Prof'l Conduct 1.3 Rule 1.3. Diligence](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_3.md)
- [Conn. R. Prof'l Conduct 1.4 Rule 1.4. Communication](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_4.md)
- [Conn. R. Prof'l Conduct 1.5 Rule 1.5. Fees](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_5.md)
- [Conn. R. Prof'l Conduct 1.6 Rule 1.6. Confidentiality of Information](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_6.md)
- [Conn. R. Prof'l Conduct 1.7 Rule 1.7. Conflict of Interest: Current Clients](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_7.md)
- [Conn. R. Prof'l Conduct 1.8 Rule 1.8. Conflict](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_8.md)
- [Conn. R. Prof'l Conduct 1.9 Rule 1.9. Duties to Former Clients](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_9.md)
- [Conn. R. Prof'l Conduct 1.10 Rule 1.10. Imputation of Conflicts of Interest:](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_10.md)
- [Conn. R. Prof'l Conduct 1.11 Rule 1.11. Special Conflicts of Interest for Former and Current Government Officers and](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_11.md)
- [Conn. R. Prof'l Conduct 1.12 Rule 1.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_12.md)
- [Conn. R. Prof'l Conduct 1.13 Rule 1.13. Organization as Client](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_8. Check the current official text before relying on it. Not legal advice.