General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMinnesota Lawyer Thomas P. Lowe suspended for billing a client for the time he spent having sex with
her
http://www.businessinsider.com/minnesota-lawyer-billed-client-for-having-sex-with-her-2013-5
From the complaint (pdf):
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Thomas P. Lowe committed professional misconduct, namely, engaging in a sexual relationship with a vulnerable client and billing the client for meetings in which they engaged in sexual relations, in violation of Minn. R. Prof. Conduct 1.5(a) and (b), 1.7(a)(2), and 1.8(j).
The woman met with Lowe in August 2011 to discuss pursuing a divorce from her husband. Lowe asked about her sexual relationship with her husband, complimented her appearance and asked if she was interested in sex.
They began an affair that lasted until March 2012. After several arguments about their affair and his own marriage, Lowe said he was breaking things off and quitting as her lawyer.
That day the woman tried to kill herself. While hospitalized, she revealed her affair with Lowe.
Adding to the insult, Lowe apparently billed the woman for "legal services" for the time they spent on their trysts. The specific activities cited during these hours were "drafting memos" and "meetings."
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How low is low?
exboyfil
(17,865 posts)a significant part of The Firm movie? He is getting 15 months from the bar. Shouldn't it also be looked at as a criminal matter?
malaise
(269,157 posts)I doubt that it's criminal but billing the client for consensual sex should be a crime
pinboy3niner
(53,339 posts)And it's one of the violations that got him suspended. (See Post #12.)
MrSlayer
(22,143 posts)What a scumbag move.
Buns_of_Fire
(17,191 posts)baldguy
(36,649 posts)BlueJazz
(25,348 posts)...said: "Oh My Darling, fuck me", she meant it sexually not monetarily.
Fumesucker
(45,851 posts)They're afraid their progeny will be too vicious.
pinboy3niner
(53,339 posts)A Doberman.
MrScorpio
(73,631 posts)A good start.
malaise
(269,157 posts)Even when he's dead he lies still
FarCenter
(19,429 posts)Considering it is a lawyer involve, probably the latter. Tripped up on a technicality again.
malaise
(269,157 posts)What a scumbag
pinboy3niner
(53,339 posts)These are the violations of the Minnesota Rules of Professional Conduct that were cited:
(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
...
(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client. All agreements for the advance payment of nonrefundable fees to secure a lawyer's availability for a specific period of time or a specific service shall be reasonable in amount and clearly communicated in a writing signed by the client.
...
Rule 1.7 Conflict of Interest: Current Clients
(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:
...
(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client, or a third person or by a personal interest of the lawyer.
...
Rule 1.8 Conflict of Interest: Current Clients: Specific Rules
...
(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. For purposes of this paragraph:
(1) "sexual relations" means sexual intercourse or any other intentional touching of the intimate parts of a person or causing the person to touch the intimate parts of the lawyer;
(2) if the client is an organization, any individual who oversees the representation and gives instructions to the lawyer on behalf of the organization shall be deemed to be the client; in-house attorneys while representing governmental or corporate entities are governed by Rule 1.7 rather than by this rule with respect to sexual relations with other employees of the entity they represent;
(3) this paragraph does not prohibit a lawyer from engaging in sexual relations with a client of the lawyer's firm provided that the lawyer has no involvement in the performance of the legal work for the client;
(4) if a party other than the client alleges violation of this paragraph, and the complaint is not summarily dismissed, the Director of the Office of Lawyers Professional Responsibility, in determining whether to investigate the allegation and whether to charge any violation based on the allegations, shall consider the client's statement regarding whether the client would be unduly burdened by the investigation or charge.
...
http://www.law.cornell.edu/ethics/mn/code/MN_CODE.HTM
jberryhill
(62,444 posts)...and for precisely situations that arise in family and estate law practice.
And while everyone enjoys another round of "lawyers are scum", it was an organization solely of lawyers which brought this one to account. Presumably they had a momentary lapse of decency.
nolabear
(41,990 posts)treestar
(82,383 posts)or male prostitution