According to the ABA rules, when is it permissible for a lawyer to have sexual relations with a client?

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A consensual relationship between a lawyer and a client is permissible only if it preexists the establishment of the lawyer-client relationship, as outlined in the ABA Model Rules of Professional Conduct. This is primarily rooted in the need to maintain professional integrity, protect the client's interests, and avoid potential conflicts of interest.

The rationale is that after a lawyer-client relationship is formed, the inherent power dynamics and influence the lawyer possesses may compromise the client's ability to give truly voluntary and informed consent to the sexual relationship. Thus, to prevent exploitation and to uphold the ethical standards of the legal profession, it is essential that any romantic or sexual relationship must be established prior to, and independently of, the legal representation.

This principle serves to safeguard the trust and confidence central to the lawyer-client relationship, ensuring that the legal advice given is not tainted by personal motives or conflicts arising from a sexual relationship. In contrast, the other options cited—such as a client initiating the relationship, a client no longer seeking legal advice, or a signed acknowledgment—do not sufficiently address the potential for conflict of interest or coercive dynamics present in lawyer-client relationships once they are formed.

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