August 2016

The smoke might eventually clear for Ohio lawyers who hope to help clients engage in the medical marijuana industry after it becomes legal in the state on September 8. On August 17, the state supreme court said that it had “directed its staff to prepare a draft amendment to the Ohio Rules of Professional Conduct that would clarify the services attorneys can offer clients seeking to comply with the state’s new medical marijuana law.” The announcement follows the ruling 12 days earlier by the Board of Professional Conduct that Ohio lawyers can’t provide any legal services to help clients in connection with a medical marijuana enterprise.

On Tuesday, the ABA House of Delegates amended the Model Rules of Professional Conduct to add a provision barring harassment or discrimination in all conduct related to a lawyer’s practice of law. After months of debate, comment and revision, the revised Resolution 109 passed on a voice vote, without dissenting comment from the floor. The version adopted reflects an amendment introduced last month, which lowered the bar for a finding of misconduct from strict liability to a “knows or should know” standard.…

The opening brief has been filed in a Fourth Circuit appeal that’s sure to be closely watched by the 100,000 members of the D.C. bar, as well as others. A key issue in Moskowitz v. Jacobson Holman PLLC is whether a law firm partnership agreement can reduce a partner’s equity payout if the partner walks out the door with clients. The district court said that the provision violates ethics rules, and is therefore unenforceable as against public policy.…