What must an attorney do if they have a preexisting sexual relationship with a client?

Gain expertise for the California Professional Responsibility Exam. Study with targeted questions and detailed explanations to master ethics and professionalism. Prepare efficiently for your exam!

In evaluating the scenario of an attorney with a preexisting sexual relationship with a client, it's crucial to understand the impact of such a relationship on the attorney-client dynamic. Under California’s Rules of Professional Conduct, specifically Rule 1.8.10, attorneys are prohibited from engaging in sexual relationships with clients unless certain conditions are met.

While option C suggests that the attorney could continue the relationship without restrictions, this is not in alignment with the guidelines that govern attorney conduct. An attorney must ensure that their professional judgment is not adversely affected by personal relationships. Therefore, merely continuing the relationship without restrictions is not what the attorney should do, as it can lead to conflicts of interest and potential exploitation of the client.

The correct course of action typically involves addressing the situation by discontinuing any professional obligations if the relationship can impair the representation, or ensuring full transparency and obtaining informed consent under the right circumstances, rather than continuing as if there were no implications.

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