Swipe Right into a Disciplinary Hearing: How The Use of Dating Apps Could Earn an Attorney More Than a Bad First Date

The Model Rules of Professional Conduct seek to police the conduct of attorneys. Each jurisdiction adopts its own rules of professional conduct to apply to the attorneys licensed within it. Notably, the model rules prohibit any sexual relationship between the attorney and client unless that relationship precedes the attorney-client relationship. Traditionally, defining a "sexual relationship" was simple, particularly if the attorney and client engaged in sexual intercourse. The introduction of dating apps, however, has blurred the line. This article outlines the inherent risks of attorneys using dating apps at a time when most newly-licensed attorneys make up the majority of dating app users by drawing similarities between "real world" sexual relationships and those that can be found alone. This article seeks to warn new attorneys of these risks, as well as offer a basic policy outline for law firms and other employers of attorneys to implement until the model rules can catch up to this new reality.