Hon. Ellen L. Koblitz, P.J.A.D. (Ret.) Quoted in Law360 Regarding New Jersey’s Adoption of Bright Line Ethics Rule
The Hon. Ellen L. Koblitz, P.J.A.D (Ret.), special counsel at Pashman Stein Walder Hayden P.C., was quoted in Law360, “NJ Justices Adopt Atty Rule Barring Sex With Clients.” Effective September 1, 2026, new ethics Rule 1.8(k) creates a per se conflict whenever a lawyer engages in sex with a client, unless the relationship predated the representation. This bright-line rule, which is consistent with ABA Model Rule 1.8(j), replaces New Jersey’s case-by-case approach.
In July 2025, Judge Koblitz wrote to the Professional Responsibility Rules Committee to address what she considered to be an ethical gap - at the time, New Jersey was one of only ten states in the country that did not ban sexual relations between attorneys and their clients. In her letter, Judge Koblitz called for a bright line rule. “A bright-line rule would obviate the need to determine in each instance whether the attorney improperly took advantage of the power imbalance," she wrote. "It would clarify acceptable behavior for all attorneys."
The Committee then recommended the proposed rule change, which was adopted on July 23, 2026. Judge Koblitz explained to Law360:
"By adopting a bright-line rule already in effect for many years in the vast majority of states, our Supreme Court has clarified appropriate behavior for New Jersey lawyers…The rule is needed because of the power imbalance in most attorney-client relationships, making it extremely hard, if not impossible, to evaluate when an attorney-client sexual relationship is truly consensual."
Read the full article here NJ Justices Adopt Atty Rule Barring Sex With Clients - Law360 Pulse.
The rule change was also covered by law.com here NJ High Court Adopts Rule Barring Sexual Relationships with Clients | Law.com
