Lowe, an attorney since 1985, had known the client for many years. Both are from Valley City, N.D. The woman met with Lowe in August 2011 to discuss pursuing a divorce from her husband.
He agreed to represent her. During a phone call days later, Lowe asked about her sexual relationship with her husband, commented on her appearance and asked if she was interested in sex with him.
The following month, they began an affair that lasted until March. At various points, Lowe billed the woman for legal services on the dates of their sexual encounters, coding the time as meetings or drafting memos.
So it’s true. Lawyers do it in their briefs.
In March, after several arguments with the woman about the affair and his own marriage, Lowe said he was breaking things off. Two days later, he said he was withdrawing as her attorney.
Alas, he withdrew, twice.
Unsurprisingly, this did not end well. Tragically, the client tried to kill herself.
That day, the woman, who was considered vulnerable because of past abuse and mental health treatment, tried to kill herself. While hospitalized, she disclosed the affair.
The attorney will likely be disbarred. I seem to recall that under the Rules of Profesional Conduct, if a sexual relationship exists before the attorney client relationship commences, the sex can continue. Here, it seems he started having sex with her after he started to represent her. Someone’s in trouble.
H/T David Freddoso
Update: Above The Law covered this yesterday.