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malaise

(269,157 posts)
Sun May 12, 2013, 08:56 PM May 2013

Minnesota 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."
------------------------
How low is low?


17 replies = new reply since forum marked as read
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Minnesota Lawyer Thomas P. Lowe suspended for billing a client for the time he spent having sex with (Original Post) malaise May 2013 OP
Wasn't falsified billing records exboyfil May 2013 #1
Lawyers have sex with clients all the time malaise May 2013 #9
It's against the state's rules of professional conduct for lawyers pinboy3niner May 2013 #16
This is another reason why people hate lawyers. MrSlayer May 2013 #2
Tacky. Very, very tacky. nt Buns_of_Fire May 2013 #3
I know some people like to call lawyers "whores", but this is ridiculous. baldguy May 2013 #4
Listen...you prick...when you both were in the heat of passion and she... BlueJazz May 2013 #5
Why don't sharks mate with lawyers? Fumesucker May 2013 #6
What looks good on a lawyer? pinboy3niner May 2013 #7
What do you call 10,000 lawyers on the bottom of the ocean? MrScorpio May 2013 #11
What do they say when a lawyer dies malaise May 2013 #13
So was the problem the sex, the billing, or the falsification of the invoice. FarCenter May 2013 #8
Wish I knew malaise May 2013 #10
All of the above pinboy3niner May 2013 #12
Many states' rules of practice forbid sex with clients... jberryhill May 2013 #15
Isn't prostitution illegal in Minnesota? nolabear May 2013 #14
That's chutzpah treestar May 2013 #17

exboyfil

(17,865 posts)
1. Wasn't falsified billing records
Sun May 12, 2013, 09:04 PM
May 2013

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)
9. Lawyers have sex with clients all the time
Sun May 12, 2013, 09:55 PM
May 2013

I doubt that it's criminal but billing the client for consensual sex should be a crime

pinboy3niner

(53,339 posts)
16. It's against the state's rules of professional conduct for lawyers
Sun May 12, 2013, 10:17 PM
May 2013

And it's one of the violations that got him suspended. (See Post #12.)

 

BlueJazz

(25,348 posts)
5. Listen...you prick...when you both were in the heat of passion and she...
Sun May 12, 2013, 09:29 PM
May 2013

...said: "Oh My Darling, fuck me", she meant it sexually not monetarily.

 

FarCenter

(19,429 posts)
8. So was the problem the sex, the billing, or the falsification of the invoice.
Sun May 12, 2013, 09:45 PM
May 2013

Considering it is a lawyer involve, probably the latter. Tripped up on a technicality again.

pinboy3niner

(53,339 posts)
12. All of the above
Sun May 12, 2013, 10:01 PM
May 2013

These are the violations of the Minnesota Rules of Professional Conduct that were cited:

Rule 1.5 Fees

(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)
15. Many states' rules of practice forbid sex with clients...
Sun May 12, 2013, 10:09 PM
May 2013

...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.

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