Skip to main content

Before you Buy: Check the Credit Tab to Make Sure Your Jurisdiction is Accredited!

Back to Search

On Demand

Balancing Zealous Advocacy With the Duty of Candor - and Conscience


Average Rating:
Not yet rated
Bundle:
CLI2023 On-Demand
Categories:
Ethics |  Mindfullness |  Specialty Credits
Faculty:
Joslin E. Monahan |  Shoran Williams |  Timothy L. Alger |  Shay Gilmore
Duration:
1 Hour 09 Minutes
Format:
Audio and Video
SKU:
INCBA072023candorOD
License:
Access for 6 month(s) after purchase.



Description

As the cannabis industry grows and more states allow cannabis licensing, the ethical duties that cannabis attorneys must balance have grown more complicated. These ethical duties require lawyers to balance and re-evaluate their duty to zealously advocate for their clients with the duty of candor, their duties to all of their cannabis clients – and, at times, their belief systems and why they entered cannabis law originally. Join our expert panel to discuss these duties and how they try to balance them in their cannabis practices and emerge with a renewed sense of how to identify issues that may challenge competing duties as attorneys and ways to resolve these conflicts.

Credits


Specialty

This program is eligible for 1 hours of Specialty CLE credit in 60-minute states, and 1.2 hours of Specialty CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. 

INCBA webinars are generally eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.

The on-demand version of this webinar is eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees.

(Default credit disclaimer updated 02.08.2024)


For current accreditation status, please select your jurisdiction below.



Handouts

Faculty

Joslin E. Monahan's Profile

Joslin E. Monahan Related Seminars and Products

Member Attorney

Miller Johnson


Joslin Monahan is a trial and appellate litigation attorney experienced in municipal, real estate, business, receiverships, adversarial bankruptcy, and land use and zoning litigation. Ms. Monahan has a robust, full-service cannabis law practice serving individuals and companies that grow, produce, distribute and sell a wide variety of goods and amenities.
Cannabis Law

Ms. Monahan is a recognized authority in emerging cannabis law matters, including entity formation, applicant requirements and background checks, and licensing with Michigan’s Cannabis Regulatory Agency as well as municipal licenses, permits and ordinances. She counsels business interests in the cannabis industry, which encompasses marijuana, industrial hemp and CBD. Ms. Monahan has helped with financing structures, real property use, insurance coverage, dispute resolution, and regulatory compliance.

Beginning in 2012, Ms. Monahan served as Cooperating Attorney with the ACLU of Michigan in the critical decision making process supporting the decriminalization of the possession and use of marijuana in Grand Rapids. Ms. Monahan continues to be a vocal advocate for social justice issues, with particular emphasis on ensuring participants within the cannabis space create opportunities for persons of color wherever possible. The Michigan Supreme Court denied further review of the signature case in 2015, affirming the Michigan Court of Appeals 2013 dismissal of the prosecutor’s lawsuit. This case helped pave the way for the eventual vote legalizing cannabis for recreational use in a statewide ballot in 2018.

Ms. Monahan is a member of the International Cannabis Bar Association (INCBA) and the State Bar of Michigan’s Marijuana Law Section.

Articles and Presentations

Ms. Monahan is a frequent speaker on various cannabis and litigation related topics, including presentations on licensing, professional ethics, hemp regulations, and FDA compliance.

Professional Affiliations, Activities, and Honors

Ms. Monahan is Chair of the Western Branch of the ACLU of Michigan (6/2015 – Present) as well as a member of the Western Branch of the ACLU of Michigan (6/2014 – Present). She is also a member of the Lawyers Committee for the Western Branch of the ACLU of Michigan (10/2013 – Present).

Education

Ms. Monahan was awarded her law degree from the University of Maryland Francis King Carey Law School in 2007. While in law school, Ms. Monahan was a member of the Journal of Health Care Law and Policy and a member of Phi Delta Phi. Ms. Monahan also received her Masters of Arts degree in Philosophy from the University of Montana in 2003, where she was the recipient of the University of Montana Philosophy Department full scholarship teaching assistantship. She obtained her B.A., summa cum laude, from Hope College in 2000 where she was awarded the Hope College Presidential Scholarship and was a member of Phi Beta Kappa.

Ms. Monahan is admitted to practice in the State of Michigan, the United States District Court for the Western District of Michigan, the State of Montana, the United States District Court for the District of Montana, United States Bankruptcy Court for the District of Montana, and the United States Court of Appeals for the Ninth Circuit.


Shoran Williams's Profile

Shoran Williams Related Seminars and Products

General Counsel and Chief Regulatory Officer

FLURESH


Shoran Reid Williams’ litigation practice spans more than 25 years.  It ranges from in-house counsel for a Fortune 500 insurance company to law firm practices in both Georgia and Michigan.  In addition, she has spent several years as an adjunct law professor, author and small business owner.
Litigation Practice

Ms. Williams’ litigation practice experience extends into the areas of administrative law, civil litigation, appellate law, personal injury and family law.  Regardless of the type of dispute, as an experienced lead attorney she is adept at working with a wide-range of clients on:

Advising on legal implications
Drafting and arguing briefs
Negotiating agreements
Resolving cases through appropriate dispute resolution including mediation, arbitration and trial
Ms. Williams has successfully obtained favorable results for her clients in state and federal courts and before government agencies.

Cannabis and Hemp Industry

Ms. Williams is a trusted advisor on legal issues related to the rapidly growing and evolving cannabis and hemp industry in North America.  Two noteworthy bills that have accelerated the interest in the industry are the United States 2018 Farm Bill and Michigan’s activation of authority pursuant to the United States 2014 Farm Bill being utilized to launch the State’s Industrial Hemp Ag pilot.

Ms. Williams is familiar with the ins and outs of the 2018 Farm Bill and including the fact that marijuana remains a Schedule 1 drug in the U.S.  She can counsel Michigan entities on the licensing process, THC testing procedures, inspections, disposal of plants carrying >0.3% TNS and record keeping.

Ms. Williams assists business owners with issues related to being in the cannabis and hemp industry or wanting to do business with growers and suppliers in this industry.  Some of the legal issues that intersect including: compliance, trade secrets, finance, interstate transportation, dispute resolution, and acquisitions.

Change Agent and Thought Leader

Ms. Williams works with clients to gain their respect through realistic, strategic initiatives that anticipate the changing needs of the workforce, building a winning culture and driving continuous improvement. She endeavors to decrease the costs and complexity of initiatives in order to optimize resources focused on business outcomes.

Ms. Williams is an advocate for sustainable change with regard to diversity and believes that requires involving the right parties and effectively engaging with them on issues.

Professional Affiliations and Activities

Ms. Williams is a member of the American Bar Association Personal Injury Law Section.  She is also a member of the State Bar of Michigan and the Grand Rapids Bar Association.  She is licensed in the state of Georgia and practiced in Atlanta for a number of years. She continues to be a member of the Georgia State Bar, and is a past member of the Georgia Trial Lawyers Association and the Georgia Association of Black Women Attorneys.

Ms. Williams was an adjunct professor at Florida Coastal School of Law for several years. She created and taught the Personal Injury Law course in addition to Pre-Trial Litigation and Contract courses.

In 2020, Ms. Williams was accepted into the Leadership Council on Legal Diversity (LCLD) Fellows Program.  The program accepts mid-career attorneys with strong leadership and relationship skills who are committed to fostering diversity within the country’s leading law firms and largest companies, and the legal profession at large.

Publications and Presentations

Ms. Williams is the author of “Waking the Sleeping Demon: 26 Hours of Terror in Atlanta”, a non-fiction account following the life of a prosecutor during the hours that Brian Nichols escaped from and eluded police.  The book was selected as a Freshmen Reading Experience by Tiffin University and was later made into a MSNBC documentary.  She spoke across the country on topics raised in the book.

She is a requested presenter and author for topics related to the burgeoning hemp industry.  In Winter 2020, Ms. Williams authored the article, “The Best-Laid Plans. Social Equity Programs and the Cannabis Space.” in MiCIA Magazine, the official trade journal of the Michigan Cannabis Industry Association.  In June 2019, Ms. Williams presented “Is Hemp Worth the Hype?” at the Business of Marijuana in Michigan seminar in Grand Rapids. The conference offered continuing education credits and was hosted by the Rossdale Seminar Group out of Miami, Florida.  She is also sought-after by civic organizations and community groups for monthly meetings.  In addition, Ms. Williams was interviewed for the article “A Legal State: Women in Marijuana Give Their Perspective on Michigan’s Green Frontier” in West Michigan Women’s Lifestyle magazine in the March 2019 issue.

Community Activity

Ms. Williams is always exploring avenues and ways to give back to the community especially in areas that impact women and families. She currently serves on the Advisory Board for the Womens’ Resource Center and is a member of Inforum – women’s alliance.

Education

Ms. Williams earned her J.D. from The Ohio State University Moritz College of Law in 1994.  She participated in the St. Anne’s College of Law Program at Oxford University.  She was on the National Moot Court Team.  Ms. Williams received a Bachelor of Public Administration degree from Miami University in Ohio in 1991.

She is licensed to practice in Michigan and Georgia.


Timothy L. Alger's Profile

Timothy L. Alger Related Seminars and Products

Owner

Alger Law APC


Timothy L. Alger is a civil litigator, mediator, and owner of Alger Law APC. Formerly the head of litigation, employment law and trademarks at Google and an equity partner at three major law firms, Mr. Alger has represented leading internet, media, entertainment and advertising companies in litigation over trademarks, copyrights, unfair competition, contracts, free speech, defamation and privacy. Mr. Alger also represents legal cannabis businesses in civil litigation and regulatory disputes with governmental entities. Recent representations in this industry include civil litigation over trademarks, contracts, relocation of a cannabis dispensary, excessive fines on cannabis cultivators, civil rights violations by law enforcement agencies, and ownership and management disputes in cannabis business partnerships.
Mr. Alger makes himself available to mediate disputes among businesses and individuals. His expertise in the cannabis industry and 33 years in commercial litigation makes him a valuable resource for resolution of disagreements without the high cost of litigation in court.

 


Shay Gilmore's Profile

Shay Gilmore Related Seminars and Products

Attorney at Law

The Law Office of Shay Aaron Gilmore


Shay Aaron Gilmore advises and counsels exclusively cannabis operators and investors through the corporate, commercial, and regulatory complexities of California’s legal cannabis markets, focusing on private mergers & acquisitions, joint ventures, private equity financings, cannabis distribution and supply agreements, cannabis licensing and product development and regulatory compliance matters. Shay has been recognized by the Los Angeles/San Francisco Daily Journal, the state’s largest legal news periodical, as one of the Top 20 Cannabis Lawyers in California, and Super Lawyers® Magazine has named Shay a Northern California Super Lawyer in Cannabis Law and in Business & Corporate Law as well. Shay serves as a member of the Board of Directors of the International Cannabis Bar Association and as the Immediate Past Chair of the Bar Association of San Francisco Cannabis Law Section where Shay helped research and articulate the State Bar of California’s Committee on Professional Responsibility and Conduct (COPRAC) opinion in 2020 finding a lawyer may ethically advise a client concerning compliance with California’s cannabis laws and may assist the client in conduct permitted by those laws, despite the fact that the client’s conduct may violate federal law. Shay holds a B.A. in Economics from Rice University and a J.D. from The University of Texas School of Law.


Reviews