With states passing laws permitting the medicinal and recreational use of marijuana, there are new opportunities for attorneys to provide legal services to clients in the cannabis industry. However, New Jersey attorneys seeking to counsel clients in complying with the New Jersey Compassionate Use Medical Marijuana Act (the “NJ Marijuana A...
In this post I examine the attorney witness rule incorporated in New Jersey Rule of Professional Conduct ("RPC") 3.7, and how the Rule can be used to disqualify a lawyer representing a party in litigation when the lawyer possesses factual knowledge of contested issues that go to the heart of the case. Because courts generally are reluctant to dis...
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