LEGAL INTELLIGENCER: …[According to the Disciplinary Board of the Supreme Court of Pennsylvania:]
“It is apparent that once a jurisdiction makes the policy decision to authorize some form of marijuana-related activity, those who choose to engage in such activity are better served if the legal profession is able to advise clients engaged in such activities without fear of professional discipline,” the board said in its notice.
The proposed amendments affect Rule of Professional Conduct 1.2(d), which currently states that a lawyer cannot counsel clients on conduct the lawyer knows to be illegal. The Disciplinary Board suggested that section be amended to include “except as stated in paragraph (e).”
Newly proposed Rule 1.2(e) then states, “A lawyer may counsel or assist a client regarding conduct expressly permitted by the law of the state where it takes place or has its predominant effect, provided that the lawyer counsels the client about the legal consequences, under other applicable law, of the client’s proposed course of conduct.”… (more)
