Lawyer Suspended For Sleeping With Client, Insists 'She Had No Complaints'

The attorney said it was a 'mutual consensual relationship.'

onJanuary 3, 2022 at 12:17 PMJanuary 4, 2022 at 9:41 AM

Gavel surrounded by red hearts, isolated on white, concept of legal action for divorce. Attorney John Kevin Carey has been suspended from the practice of law by the Florida Supreme Court for a period of 90 days. The suspension, plus awarded court costs of $1,640, was handed down for having a sexual relationship with a client. Carey represented this client in multiple litigations, including her divorce.

As reported by the Daily Business Review, the sexual relationship became an issue in the divorce proceedings, which “negatively affected” the case. In the consent decree, available below, Carey acknowledged he should not have engaged in the relationship while representing her. The document also cites Carey’s lack of professionalism in interacting with opposing counsel and his client’s now ex-husband.

Carey’s client told the court she was not exploited, and was satisfied with the legal representation she received. As Carey said:

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“It was a mutual consensual relationship. I’m still my client’s attorney,” Carey told the Daily Business Review. “She had no complaints about my representation. It was the ex-husband who was complaining to his attorney. But in hindsight, I should have delayed the relationship until after the representation.”

Jan Leslie Jacobowitz of Legal Ethics Advisor Consulting Firm, commented on the case, noting, “Attorneys are human, and may experience the powerful emotions evoked by an interpersonal connection that develops in the midst of an intense, stressful circumstance.” But that doesn’t mean you should act on these feelings, “Self-awareness is keys: Stop, pause and gain perspective on the long-term potential damage caused by acting on a temporary, powerful emotion. Take a few breaths, impose logical analysis on top of your feelings, and then proceed.” And the ethical rules are designed to prevent the kinds of complications seen in this case.