Attorney Ethics, Conflicts, Disclosures, and Risks

An attorney who represents a client engaged in marijuana-related activity faces numerous ethical issues and risks. For example, the attorney might be charged with a crime, along with the client, for aiding and abetting a federal crime under 21 USC §846. The attorney must make appropriate disclosures to the client regarding such risks and potential conflicts of interest

Marijuana Legalization and You: Avoiding Pitfalls

By Bill Ross

Bar Counsel is not out to prosecute lawyers who, in good faith, assist clients in conduct that is in strict compliance with District of Columbia law. Until such time as we have more guidance on the ethical boundaries in this area, we anticipate exercising discretion similar to that laid out in the Department of Justice guidance memos.

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