Presentation
Cannabis Ethical Issues for Attorneys
Strategic Cannabis Conference 2019
(2019)
Abstract
While marijuana remains a Schedule I drug under the Controlled Substances Act, the legalization of medical marijuana and recreational marijuana in a number of states raises ethical issues for attorneys. Attorneys encounter ethical issues related to cannabis in two situations. First, Rule 1.2(d) of the Code of Professional Responsibility bars attorneys from, inter alia, assisting clients in conduct that the lawyer knows is criminal. Second, the personal conduct of attorneys is subject to Rule 8.4 of the Code of Professional Responsibility, defining as professional misconduct commission of “a criminal act that reflects adversely on the lawyer’s trustworthiness or fitness as a lawyer in other respects”. Personal use may also implicate Rule 1.1 (Competence) and Rule 1.16 (physical or mental condition materially impairing the lawyer’s ability to represent the client). Although state bar associations (including West Virginia) have amended rule 1.2 to address at least some of those concerns, the issues raised by personal conduct remain unchanged. This presentation will discuss these issues, as well as collateral damage that may result from personal use or representation. The possible collateral damage includes adverse impacts on professional liability insurance coverage.
Keywords
- West Virginia,
- Legal Ethics,
- Canabis
Disciplines
Publication Date
March 1, 2019
Citation Information
Jesse J. Richardson. "Cannabis Ethical Issues for Attorneys" Strategic Cannabis Conference 2019 (2019) Available at: http://works.bepress.com/jesse-richardson/63/