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This program was recorded on February 5, 2019
Cannabis-related issues have permeated all aspects of the law, including, but not limited, to civil, administrative, real property, landlord/tenant issues, etc., and they will continue to be an ever-present topic in light of the state legalization efforts sweeping the nation. Representing clients engaged in or related to the cannabis industry can be ethically complicated due to continued federal prohibition. However, various bar associations throughout the country have given specific insight into the appropriate manner of representation in these instances. In this seminar, attorney Heather Burke will present a survey of the relevant ethics opinions, including those from Washington, Colorado and Oregon, and delve into the pitfalls that may arise without understanding the ethical boundaries of cannabis-related representation.
Heather L. Burke
Heather is a Partner of Origin Group Law LLP in Nevada City where her practice focuses on legal issues affecting Northern California cultivators. She also recently co-founded The OG Law and Collaboration Center in Nevada City, California, a community collaboration center designed to support cannabis farmers throughout Northern California. Graduating from Humboldt State University in 2005, Heather has consistently set new legal precedent in California cannabis law. She was instrumental in the seminal California cannabis case, People v. Jovan Jackson, which established the rule that large-scale collectives and cooperatives may operate lawfully in California. She also co-drafted a proposed initiative for California cannabis legalization (2016), entitled The California Craft Cannabis Initiative, and drafted the legal pleadings that resulted in a five-day evidentiary hearing regarding cannabis’ Schedule I status in U.S. v. Pickard in the Eastern District of California (federal court).
1 Ethical Credit
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- Federal law and regulation overview
- State by state survey of ethics opinions, compare/contrast of each
- The crime-fraud exception to attorney-client privilege
- Advising vs assisting
- Engagement letter parameters