Document Type

Article

Publication Date

2025

Abstract

Thousands of attorneys experience rape and sexual assault by clients, as well as indecent exposure, public masturbation, unwanted touching, verbal threats, and stalking. These incidents are not often publicly reported, but client sexual violence against attorneys is not uncommon. The ethical rules currently fail to account for an attorney who has experienced client sexual violence, whether to allow for termination of representation or to mitigate future harm to other lawyers. While the ethical rules are usually thought of as neutral, this Article critically examines the gender stereotypes and structures of oppression corseting the rules. Relying on a fifty-state survey of U.S. ethical rules and personal experiences with sexual violence while practicing law as a cisgender white woman and abolitionist, the author explores what type of ethical guidance would be appropriate for attorneys who have experienced client sexual violence.

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