Under RPC 1.2(d), a "lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal . . ." Does this cover lawyers advising clients under Washington's new marijuana law, when possession is still a crime under federal law?
To address this, the Washington Supreme Court is considering a new comment to RPC 1.2:
Anyone may comment on the proposal and, as the court receives comments, you can read what others have sent.Special Circumstances Presented by Washington Initiative 502 At least until there is a change in federal enforcement policy, a lawyer may counsel a client regarding the validity, scope, and meaning of Washington Initiative 502 and may assist a client in conduct that the lawyer reasonably believes in permitted by this initiative and the statutes, regulations, orders and other state and local provisions implementing them.
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