Canadian Lawyer

w w w . c a n a d i a n l a w y e r m a g . c o m S E P T E M B E R 2 0 1 8 11 A L B E R T A COMPLAINT REIGNITES LAWYER-CLIENT SEX DEBATE L ast May, an Edmonton woman, Tammy Downes, filed a complaint with the Law Society of Alberta against her former lawyer, Allan Botan. She alleged sexual misconduct. Those allegations became public dur- ing a lawsuit Botan brought against his one-time client. He successfully sued Downes for contingency fees outstanding from his work on her long, drawn-out medical malpractice suit. However, during submissions, Downes alleged that Botan had sexual relations with her while acting as her lawyer. Botan acknowledged a brief liai- son soon after he was hired, but he said the consensual sex ended quickly. The woman said she felt controlled, she said his sexual advances continued for some time and she felt unable to end their solicitor-client relationship. The court made no finding on the sex allegations, but it awarded Botan his fees. Soon after, Downes filed her complaint with the LSA. No law society in Canada specifically prohibits sex between lawyer and client. And, in July, the Law Society of Alberta's disciplinary panel dismissed the Downes complaint. This case ignited, once again, the debate over sexual relations between client and solicitor. Alice Woolley, influ- ential legal blogger, law professor at the University of Calgary and president of the Canadian Association for Legal Ethics, says "it's ridiculous" that there are no reg- ulations prohibiting the commencement of sex between lawyer and client. She points to such prohibitions south of the border and says Canadian legal regulators should follow the U.S. lead. "Having sex with a client risks under- mining the independence and profes- sional usefulness of the advice that a lawyer provides." — Geoff Ellwand 13,000+ Canadian law firms already trust it Focus on being a lawyer by addressing the business side of your prac ce with a solu on that manages, tracks, and analyzes ma ers, finances, and cri cal processes. For more informa on call our Prac ce Management Team at 1-800-328-2898 or visit lexisnexis.ca/pclaw LexisNexis and the Knowledge Burst logo are registered trademarks of RELX Group plc, used under licence. Other products or services may be trademarks, registered trademarks or service marks of their respective companies. © 2018 LexisNexis Canada Inc. All rights reserved. PCLaw ® a d va ncing what 's possible R E G I O N A L W R A P "Having sex with a client risks undermining the independence and professional usefulness of the advice that a lawyer provides." Alice Woolley University of Calgary

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