Legislation
New Jersey Bars Lawyers From Sex with Clients: Ethics Rule Change
The New Jersey Supreme Court has adopted a new ethics rule that explicitly prohibits lawyers from having sex with clients, effective September 1, 2026.
This development is significant for practitioners in New Jersey as it clarifies the boundaries of professional conduct and provides clear guidance on what constitutes an impermissible relationship. The rule applies to any attorney who assists in representing the client, but does not automatically extend to other lawyers in the same law firm who have no role in the client's case.
The relevant statutes and regulations involved are the New Jersey Rules of Professional Conduct, which are part of the state's code of professional responsibility. The rule is also influenced by the American Bar Association's Model Rules of Professional Conduct, which provide a framework for states to adopt their own rules. The New Jersey Supreme Court has taken a proactive approach in addressing this issue, joining nine other states that have explicit rules prohibiting lawyers from having sex with clients.
The key parties involved are the New Jersey Supreme Court, which adopted the new rule, and the New Jersey State Bar Association, which may provide guidance to its members on the implications of the rule. Practitioners should be aware of this development and take steps to ensure compliance with the new rule, particularly in cases where they have preexisting relationships with clients or colleagues.
Practitioner takeaway: Attorneys in New Jersey should review their firm's policies and procedures to ensure compliance with the new rule, and consider seeking guidance from the state bar association on how to navigate any potential conflicts of interest.