Law School Case Brief. The client seeks advice on how to deal with employees that may use medical cannabis in a legal manner in the state where the employee resides and then show up to work in Nebraska. This opinion poses these questions because they naturally flow from the narrow question posed; however, the Committee does not attempt to answer these broader questions. For example, if a Nebraska employer has a non-resident employee who travels from South Dakota where they live and use medical cannabis to work in Nebraska, then a Nebraska attorney could advise the Nebraska employer about the issues that arise from the employee's medical cannabis use and the employer's rights under Nebraska law to deal with an employee who might test positive for cannabis, which could be in violation of the employer's drug policy. 15 (safekeeping property), as now codified. If a spouse of a Nebraska attorney is not an attorney, then the Nebraska Rules of Professional Conduct would not apply, and the non-attorney spouse would be free to invest in a medical cannabis operation in another state where the business is legal in that state, though this would be technically illegal at the federal level. E) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; 6. What Happens When Clients Use ABA Free Legal Answers. § 3-304 provides that the following may be considered as discipline for attorney misconduct:(A) Misconduct shall be grounds for: (1) Disbarment by the Court; or (2) Suspension by the Court; or (3) Probation by the Court in lieu of or subsequent to suspension, on such terms as the Court may designate; or (4) Censure and reprimand by the Court; or (5) Temporary suspension by the Court; or (6) Private reprimand by the Committee on Inquiry or Disciplinary Review Board. No appearance for respondent. Should the client have a concern about the lawyer's assistance, he/she will be permitted to contact the state site administrator. The Rule states that it is professional misconduct for a lawyer to: "violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another... or commit a criminal act that reflects adversely on the lawyer's honestly, trustworthiness or fitness as lawyer in other respects... or engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.... ". In considering the appropriate sanction, we note that the evidence in the present case establishes among other facts that Wickenkamp: (1) improperly escalated a simple contract case into a case involving illegal and possibly criminal behavior, (2) contacted opposing parties who were represented by counsel, (3) distributed a portion of her client's funds to herself as fees when she knew her client disagreed with the proposed fee, and (4) forged her client's signature to a purported pro se filing. Lawyer's Advisory Committee Opinions in Nebraska- Visit the Judicial Branch section of the Official Nebraska Government Website.
That relationship, however, will be limited in scope and duration as described in this agreement. Information may be disclosed for legitimate business reasons. The Controlled Substances Act (CSA) of 1970 made it clear that the use and possession of cannabis is illegal in the United States under federal law. Issue: By accepting a matter in which he was not competent, did the respondent violate the Nebraska Rules of Professional Conduct and the Code of Professional Responsibility? The information that users provide to these questions is confidential. Article 5: Nebraska Rules of Professional Conduct- Read the rules adopted on July 8, 2005. If you are interested in redesigning your law firm's website or starting a new internet marketing campaign then you must thoroughly understand the Nebraska Bar Rules.
After reviewing the matter, we find that the proper sanction is ATEMENT OF FACTS. The attorney is a Nebraska licensed attorney or has an In-House Counsel registration for the State of Nebraska and is subject to Nebraska disciplinary requirements. In addition, guest speakers at the seminar have included the Chief Justice of the Iowa Supreme Court, Chief Justice of the Nebraska Supreme Court and the Chief Judge of the Eighth Circuit Court of Appeals. The opinion is qualified however to the limited facts provided, the lawyer remains compliant with all other Rules, and that the federal approach to the enforcement of cannabis laws remain as they are at present. Breaking any of these regulations can mean possible disciplinary actions. The disciplinary rules provide that if no answer is filed, the court may dispose of the matter on a motion for judgment on the pleadings as long as an opportunity for oral argument is given before disbarment is ordered. Conclusion: The court concluded that the attorney committed misconduct by accepting representation in a matter in which he was not competent. Commonly referred to as the "Cole Memo"). In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. Nebraska Rules of Professional Conduct – This website contains the full list of professional conduct rules in Nebraska. Users agree to answer those questions truthfully. You have reviewed and understand your state's ethical rules regarding limited scope representation. At the time Wickenkamp distributed the funds, she knew Lacy disagreed with the proposed fee. Wickenkamp eventually settled with Lacy's employer on the following terms: receipt of a cash payment of $5, 000, the employer's agreement to pay for all future medical services required by Lacy as a result of the injury, and the employer's agreement to waive a construction lien that the employer had against Lacy's grandmother's house.
You believe that participation on this site is consistent with the rules of professional conduct of your jurisdiction. In count two of the formal charges, relator stated that in June 2005, Tiffany Lacy hired Wickenkamp to represent Lacy in recovering for injuries she incurred while *497 working for a roofing contractor. 4 and all other ethical rules must be analyzed on a case by case basis, but investing in a cannabis related company operating in states which permit the medical use of marijuana, without more, is not in violation of the Rules. As warned in the July 21 letter, the subpoenas were not issued out of the federal case, but, rather, were issued out of the separate state court condemnation case.
Rendering advice concerning Nebraska employment issues is readily separate from rendering advice as to the legality of marijuana use and the cannabis industry permitted in other States. G) willfully refuse, as determined by a court of competent jurisdiction, to timely pay a support order, as such order is defined by Nebraska law. The names of the client and anyone adverse to the client concerning the subject matter of the question will be provided to you so that you can make sure not to answer the question if you know that you would have a conflict of interest. 838, 678 N. 2d 491 (2004). And our opinion is indeed qualified. Merely investing in a cannabis company, which presumably operates within the bounds of the applicable state laws, does not in our opinion rise to the level of a criminal act, nor does such conduct reflect adversely on the lawyers honesty, trustworthiness, or fitness to practice as contemplated within 3-508.
If this analysis continues down the rabbit hole, what if the non-attorney spouse dies and leaves a Will bequeathing the investment in the South Dakota cannabis operation to the attorney spouse? Sticky issues indeed, but ones which this opinion does not address. 1 of the Rules permits a lawyer to render legal advice that considers moral, economic, social, and political factors that may be relevant to the client's situation. On February 14, 2008, relator asked this court for permission to serve Wickenkamp by publication. This State Guide lists the major sources of law in Nebraska. 6, 7] With respect to the imposition of attorney discipline in an individual case, we evaluate each attorney discipline case in light of its particular facts and circumstances. Regulatory Scheme: Nebraska Rule of Professional Conduct § 3-507. Wickenkamp and Lacy never memorialized in writing the terms of the fee agreement, but there seems to be an agreement that Wickenkamp was to receive one-third of any recovery. Lacy claims that it was her understanding that Wickenkamp would receive one-third of the $5, 000 cash payment.
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