Attorney Richard L. Jones, of Milwaukee, was retained by a female client on April 24, 1990 to represent her regarding a divorce. Attorney Jones had been her instructor at a business college from January through March 1990. On April 24, 1990, prior to being retained, Attorney Jones asked the woman to go out with him and to have an affair. She agreed and asked him that night to represent her regarding the divorce and a temporary restraining order.

Between April and September 6, 1990, while the divorce was pending, Attorney Jones and the client engaged in a sexual relationship. During that time, they had numerous quarrels regarding the divorce, and Attorney Jones would refer to the client with an obscene term, tell her that she was incompetent, and threaten to drop the case. On August 14, 1990, Attorney Jones gave the client a sexually explicit card for her 21st birthday.

On September 7, 1990, Attorney Jones called the client and requested $5,000 for attorney fees. On September 9, 1990, a shouting match ensued during several telephone conversations between Attorney Jones and the client. During the first call, they discussed a settlement of the divorce and engaged in an argument in which Attorney Jones called the woman an obscene name. A short time later, Attorney Jones called again and employed further obscenities when speaking to the client. During the third call, a friend of the client's, who was present at the time the calls occurred, talked with Attorney Jones. He swore at this person as well. In addition, Attorney Jones threatened to put a lien on the client's furniture and jewelry and threatened to legally interfere with her leaving the country. The client was a native of another country and was planning to return there at about that time.

Attorney Jones was employed by a local university at the time he represented this client. She filed a complaint with the Board on September 27, 1990 and also notified the university of her allegations at about this same time. The university investigated the allegations and conducted interviews of Attorney Jones and the client. During the interview, Attorney Jones denied that there had been a sexual relationship and indicated that he had not bought the birthday card for the client. He contended that she had bought it and asked him to sign it. Attorney Jones subsequently admitted to the Board that he had purchased the card.

The Board found that the sexual relationship was initiated by Attorney Jones just prior to his being retained to represent the client regarding a divorce, that it continued during the time that he represented the client, and that it was a consensual relationship. The Board then concluded that Attorney Jones' sexual relationship with the client, while he was representing her regarding a divorce and a temporary restraining order, created a conflict of interests, in violation of SCR 20:1.7(b). The Board also found that Attorney Jones' statements to the client during their September 9, 1990 conversations constituted offensive personality, in violation of SCR 20:8.4(g) relating to the Attorney's Oath (SCR 40.15). Finally, the Board concluded that Attorney Jones misrepresented the facts regarding the birthday card to the University during the course of its investigation, in violation of SCR 20:8.4(c). The Board believed that this constituted a material misrepresentation in that it was designed to support his position that there had been no sexual relationship with the client.

In evaluating an appropriate sanction, the Board considered the fact that Attorney Jones has no prior disciplinary record.

In accordance with SCR 21.09(2), the Board of Attorneys Professional Responsibility does hereby publicly reprimand Attorney Richard L. Jones, of Milwaukee.