N.Y. Top Jurist Bans Lawyer-Client Sex, Curbs Fees in Divorce Cases

NEW YORK —  The state’s chief judge announced a package of reforms for divorce lawyers Monday, including a ban on sex between lawyers and clients and an end to the practice of billing clients for time spent discussing fees.

The statewide rules issued by Chief Judge Judith Kaye are aimed at speeding up court procedures and preventing lawyers from taking advantage of clients.

Under the regulations, fee disputes will be subject to binding arbitration and lawyers will be required to provide itemized bills at least every 60 days.

Parties to a divorce will be allowed to attend court conferences, and trial dates should be set within six months of the preliminary conference.

“The reforms we announce today are in response to public dissatisfaction and complaints that in matrimonial matters particularly, which are perhaps unequaled in their stress and emotion, the legal system has often--too often--added to rather than eased the human costs,” Kaye said.

The rules are to take effect Nov. 1.

A 1992 report by then-New York City Consumer Affairs Commissioner Mark Green found that a contested divorce in the city can typically cost $50,000.

Elliot Samuelson, a lawyer who is past president of the New York chapter of the American Academy of Matrimonial Lawyers, accused Kaye of singling out one group of lawyers.

He said everyone agrees that lawyer-client sex is a bad idea, but “if this is a prohibited offense, it ought to apply to corporate lawyers and probate lawyers.”