Cal. Rules of Prof. Conduct, rule 1.8.10 · Chapter 1. Lawyer-Client Relationship
Sexual Relations with Current Client
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
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business and Professions Code
California Rules of Professional Conduct
- Cal. Rules of Prof. Conduct, rule 1.1CompetencePrinted as rules 1.1, 1.7, and 2.1
- Cal. Rules of Prof. Conduct, rule 1.7Conflict of Interest: Current ClientsPrinted as rules 1.1, 1.7, and 2.1
- Cal. Rules of Prof. Conduct, rule 1.13Organization as ClientPrinted as rule 1.13
- Cal. Rules of Prof. Conduct, rule 2.1AdvisorPrinted as rules 1.1, 1.7, and 2.1
Cited by 1 provision
Provisions in this library whose text cites Cal. Rules of Prof. Conduct, rule 1.8.10. Each shows the citation as that text prints it.
California Rules of Professional Conduct
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.