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Cal. Rules of Prof. Conduct, rule 1.8.10 · Chapter 1. Lawyer-Client Relationship

Sexual Relations with Current Client

Verbatim from the official edition

Text — 2026 edition, as the State Bar of California publishes it (read October 22, 2026)

(a) A lawyer shall not engage in sexual relations with a current client who is not the lawyer’s spouse or registered domestic partner, unless a consensual sexual relationship existed between them when the lawyer-client relationship commenced.

(b) For purposes of this rule, “sexual relations” means sexual intercourse or the touching of an intimate part of another person* for the purpose of sexual arousal, gratification, or abuse.

(c) If a person* other than the client alleges a violation of this rule, no Notice of Disciplinary Charges may be filed by the State Bar against a lawyer under this rule until the State Bar has attempted to obtain the client’s statement regarding, and has considered, whether the client would be unduly burdened by further investigation or a charge.

Notes and commentary — not rule text

Comment

[1] Although this rule does not apply to a consensual sexual relationship that exists when a lawyer-client relationship commences, the lawyer nevertheless must comply with all other applicable rules. (See, e.g., rules 1.1, 1.7, and 2.1.)

[2] When the client is an organization, this rule applies to a lawyer for the organization (whether inside counsel or outside counsel) who has sexual relations with a constituent of the organization who supervises, directs or regularly consults with that lawyer concerning the organization’s legal matters. (See rule 1.13.)

[3] Business and Professions Code section 6106.9, including the requirement that the complaint be verified, applies to charges under subdivision (a) of that section. This rule and the statute impose different obligations.

Source of truth

Edition
2026 edition, as the State Bar of California publishes it (read October 22, 2026)
Official file
https://www.calbar.ca.gov/sites/default/files/portals/0/documents/rules/Rules-of-Professional-Conduct.pdf (PDF pages 29–30)
Text hash
sha256 2db2e04f25e583612c45bd10e4b2b72ab3ea77dcf40cda0d060470ded191448c
Composed by
rpc/build 2026-10-22: the State Bar's 2026 PDF (pages 12-71) read by two readers, PyMuPDF glyph positions and pdfminer with the PDF's tagged structure, agreeing on 834 of 843 paragraphs character for character, the other nine (paragraph boundaries only) resolved against the rendered page; 205,485 printed glyphs accounted for; the State Bar's chapter pages a third reading

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Cited by 1 provision

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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.