Recently, the New Jersey Supreme Court suspended an attorney for making indecent proposals to at least four female clients in exchange for discounted legal fees or free legal work. His defense, in part, was that he was “joking;” his office atmosphere was “relaxed,” allowing for conversations regarding very personal subjects; and that he never intended to insult or demean any clients. Nevertheless, the four women who complained believed he was offering discounted legal fees in exchange for sexual favors. Again. To quote an ESPN football commentator, “Come on, man!”
Please do not misunderstand. I enjoy a good joke as much (maybe more) as the next person. In fact, I used to get a bit hacked off when I would walk in an office, and the guys would stop telling what was probably a funny joke because it was slightly off-color – out of fear of offending me.
But, really, it is past time for all attorneys (and professionals) to exercise what the military refers to as “situational awareness.” Most people do not come to an attorneys’ office for stand-up comedy. What might seem funny outside the office (or not funny but might result in a slap in a face in a bar), is simply not appropriate in the context of a legal consultation. Does a state Supreme Court actually have to tell people that?
Perhaps the biggest joke is the imposition of “sensitivity training” before the attorney in question can return to practice. Have any of you ever sat through a “sensitivity training” class? Red lights; yellow lights; and green lights are simply not practical training tools when a person, such as an attorney or any other professional, deals with highly emotional situations such as the filing of a lawsuit; a divorce; or bankruptcy.
So, please tell me a good joke at one of the receptions at the Annual Meeting (my rules – must be funny; and I cannot have heard it before), but PLEASE do not try to joke about sexual favors to your clients. They probably will not think it is funny.
Link to the original article: http://www.law.com/jsp/article.jsp?id=1202464064588&Lawyers_Indecent_Proposals_to_Female_Clients_Bring_OneYear_Suspension