Brett v. Berkowitz

Here, the plaintiff sued her former attorney for sexual misconduct and malpractice. Under 11 Del. C. § 601, there are criminal penalties for sexual harassment. The statute does not explicitly provide for a private right of action. Further, the plaintiff did not bring her cause of action under this statute, and instead, claimed she could bring a common law cause of action for sexual harassment. The court held that the plaintiff did not have a private cause of action under § 601; in other words, she could not bring common law private claims under that section for sexual harassment. Id. at 512-13