Ethics Opinions

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Your search for 11-01 returned the following 2 opinions

11-01: Scope of Representation (02/2011)   A lawyer may ethically counsel or assist a client in legal matters expressly permissible under the Arizona Medical Marijuana Act (“Act”), despite the fact that such conduct potentially may violate applicable federal law.  Lawyers may do so only if: (1) at the time the advice or assistance is provided, no court decisions have held that the provisions of the Act relating to the client’s proposed course of conduct are preempted, void or otherwise invalid; (2) the lawyer reasonably concludes that the client’s activities or proposed activities comply fully with state law requirements; and (3) the lawyer advises the client regarding possible federal law implications of the proposed conduct if the lawyer is qualified to do so, or recommends that the client seek other legal counsel regarding those issues and appropriately limits the scope of the representation.

NOTE: This opinion is limited to the specific facts discussed herein. Because the opinion is based on the Act as currently in effect, subsequent legislative or court action regarding the Act could affect the conclusions expressed herein.

02-05: Conflict of Interest; Former Government Lawyers; Administrative Proceedings; Imputed Disqualification; Screening (09/2002)   This Opinion discusses the general conflict analysis for government lawyers switching to private practice that may involve representing private clients against the lawyer’s former government agency.



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