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Such agreements have become commonplace in recent years, and are typically entered into by consenting adults to reduce the risk of a sexual harassment claim arising from an office romance gone awry by documenting the relationship is consensual. However, the hearing panel found the agreement between Robinson and P.B. contributed to Robinson’s “quid pro quo” sexual harassment of P.B. — essentially a coercive demand by a supervisor for sexual favors in exchange for continued employment — because it put P.B. “in a position where she could not as a practical matter assert a claim of discrimination or harassment against her employer going forward.” The panel noted Robinson’s failure to obtain written acknowledgement from P.B. that he had advised her to get her own lawyer to represent her legal interests in the affair. “Any lawyer in a situation where he or she felt the need to give such advice to an unrepresented person would do so in writing,” the decision said. In its 103-page ruling the board also found credible other allegations against Robinson, including that he masturbated in the presence of women in his office, and that he threw paper clips toward the breasts and cleavage of P.B., who, the panel found, had been subjected to a hostile work environment. The board also found that by engaging in a sexual relationship with a client, C.M., whom he was representing in a divorce, Robinson created a conflict of interest between his professional role and personal involvement that violated legal ethics rules. Simpson had argued to the board that the relationship had interfered with Robinson’s ability to represent his client. Robinson “recklessly permitted his desire to preserve that relationship to prevent him from providing her with a dispassionate assessment of her case,” one of Simpson’s filings said.

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