How does California's rule on attorney-client sexual relations differ from the ABA's rule?

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California's rule regarding attorney-client sexual relations specifically identifies that it does not apply to sexual relationships with a lawyer's spouse or registered domestic partner. This distinction is essential because it means that, unlike other client relationships, a lawyer's marriage or registered domestic partnership is not considered a violation of the rules.

In contrast, the ABA's Model Rules generally do not make this particular exemption, focusing instead on the potential for a conflict of interest or a breach of the fiduciary duty owed to the client when an attorney engages in sexual relations with a client. This emphasis on protecting the client's interests in the context of attorney-client relationships without specific exemptions highlights a difference in approach between California's rules and those of the ABA.

Therefore, the correct choice underscores a significant component of California's rules, signaling a more nuanced understanding of personal relationships that empowers lawyers to maintain their familial bonds without introducing ethical conflicts that might arise from other types of client interactions.

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