Letter From Judge Ellen L. Koblitz, P.J.A.D., (Ret.) Sparks Consideration of Bright Line Ethics Rule As Recommended by the ABA
The Hon. Ellen L. Koblitz, P.J.A.D, (Ret.), special counsel at Pashman Stein Walder Hayden, was mentioned in a Law.com article, “Still? NJ Weighing Rule to Ban Attorney-Client Sex.” The article explains:
New Jersey is one of 10 states that haven't banned sex between lawyers and their clients. The others are Georgia, Louisiana, Maryland, Michigan, Mississippi, Rhode Island, Tennessee, Texas and Virginia.
The [Professional Responsibility Rules Committee] took up the issue of sex with clients after receiving a letter from Ellen Koblitz, a former presiding Appellate Division judge, in July 2025. Koblitz objected to the current practice of regulating the issue on a case-by-case basis, and expressed preference 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 to convince the client to engage in sexual activity. It would clarify acceptable behavior for all attorneys," Koblitz wrote to the committee.
After receiving Judge Koblitz’s letter, the Professional Responsibility Rules Committee recommended a proposed rule change that, consistent with American Bar Association Model Rule 1.8 (j), would ban sexual relations between lawyers and their clients, unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced. The New Jersey Supreme Court currently is considering this rule change, with the period for public comment ending on June 1, 2026.
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