Implications of Sexual Relations in the Lawyer’s Workplace | CPDonline.ca

Implications of Sexual Relations in the Lawyer’s Workplace

Paula Puddy, HBA LLB MBA

Not surprisingly, our video entitled, "sexual implications in the lawyer’s workplace", was one of our most popular 2018 videos! Not only is it a "hot" topic, it also qualifies for EDI hours!

Dr. Randal Graham of Western law discusses the ethical and EDI implications of sexual relations in the workplace between lawyer-lawyer, client-lawyer and/or lawyer-staff and answers key questions such as:

  • Can a junior lawyer date a senior partner?
  • Is there a ban on all lawyer-client relationships?
  • Should there be a ban on lawyer-client relationships?
  • What are the relevant rules of professional conduct?
  • Why is this an EDI topic?

In a portion of this video, Dr. Graham addresses this common question - Can a junior lawyer date a senior partner?

Essentially, Dr. Graham comments that virtually all relationships come to an end, and, therefore, going on such a date isn’t a good idea.

During his presentation, Dr. Graham reviews the few rules of professional conduct that apply in these situations.

Essentially the applicable rules are as follows:

  • Rule 6.3-3, the prohibition against sexual harassment
  • Rule 6.3-0 defines sexual harassment to include unwelcome flirtation or advances
  • Rule 6.3.1-1, the prohibition to discriminate in the workplace; and
  • Rule 3.4-1, commentary 4 regarding "personal" conflicts of interest between lawyers and clients.

There is no outright ban on lawyer-client relationships. It should be noted that there is a ban on sexual relationships between lawyers and clients for all US lawyers and many other Canadian professionals such as physicians and psychologists.

Watch the Video

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