INCBA Comments on ABA Model Rule Regarding Representation in the Cannabis Industry
Submitted Tuesday, February 15, 2022
The ABA sought comments on proposed comments to Model Rule 1.0, 1.1, and 1.2 regarding client due diligence and international compliance with the Financial Action Task Force’s recommendations on the legal professions and its obligations to proactively address money laundering concerns.
Language ignoring the difficulty of practicing law in a highly-regulated yet federally illegal industry continues to proliferate, requiring the lawyer to “decline or terminate the representation when the lawyer has reason to believe that the client seeks the lawyer’s services in criminal or fraudulent activity.”
Of course, lawyers serving the cannabis industry face professional sanction in jurisdictions where these comments and the related rules may be adopted.