Arizona Supreme Court Rules Petition No. R-21-0041
The Court has rejected a similar amendment to Rule 1.2 twice before.
How clear is the intended scope of proposed Rule 1.2(e)? Does the proposed rule, in the words of the petition, “clarify a lawyer’s ethical ability to assist a client with matters expressly permitted under state law, even when the law may conflict with federal law, until or unless the state law is declared invalid.”? Petition, page 14.
Would it allow a lawyer to counsel or assist a client regarding conduct expressly permitted by Arizona law – any current or future Arizona law – notwithstanding the lawyer’s knowledge the conduct is criminal or fraudulent under federal law? The only proviso would be that the lawyer counsel the client about the legal consequences, under other applicable law, of the client’s proposed course of conduct. No mention is made of the lawyer’s need for counsel about the legal consequences, under other applicable law, of the lawyer’s proposed course of conduct.
Notwithstanding – despite; in spite of; regardless of. Despite/In spite of/Regardless of Rule 1.2(d), can lawyers engage in the conduct permitted by proposed new Rule 1.2(e) even if they know the conduct is criminal or fraudulent under other applicable law?
What about Arizona municipal law? If adopted, does the amendment cover a lawyer counseling or assisting a client regarding conduct expressly permitted by municipal law - any current or future municipal law - notwithstanding that the lawyer knows the conduct is criminal or fraudulent under state or federal law?
This proposed amendment creates more issues than the petition suggests it will solve. Concerns about the possibility of discipline of lawyers for advising or assisting clients under the Arizona Medical Marijuana Act and the Safe and Smart Arizona Act have morphed into an overly broad and ambiguous exception to the prohibition against counseling clients to engage, or assisting clients, in conduct lawyers know is criminal or fraudulent. The Court should deny the petition.
George A. Riemer
State Bar of Arizona Member No. 017034
23206 N Pedregosa Drive
Sun City West, AZ 85375
[email protected] 623-238-5039