Multistate Professional Responsibility Examination (MPRE) Practice Test

It is acceptable for a lawyer to engage in sexual conduct with a client before establishing the attorney-client relationship because, at that point, there is no formal professional obligation or ethical duty established that would typically prevent such conduct. The ethical rules governing professional conduct are designed to protect clients from potential exploitation and conflicts of interest that can arise once the attorney-client relationship is formed.

Once the relationship is established, any sexual conduct can complicate that relationship, potentially impairing the lawyer's ability to provide unbiased and effective representation. Additionally, consensual sexual relationships between lawyers and clients can also lead to significant ethical dilemmas, including issues of exploitation, power imbalances, and the potential for a conflict of interest.

Therefore, engaging in sexual conduct is permissible only prior to the formation of an attorney-client relationship, as both parties are not yet bound by the ethical considerations that govern professional conduct in legal practice.