Surviving the Fire Swamp: Ethical Pitfalls When Lawyers Wear Multiple Hats

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.

Sari W Montgomery Related Seminars and Products

Partner

Robinson, Stewart, Montgomery & Doppke LLC

Sari W. Montgomery has devoted her career to the law of lawyering, legal ethics and professional responsibility for more than nearly 30 years.

After more than a decade as Litigation and Senior Litigation Counsel at the Illinois Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC), where she conducted hundreds of investigations and prosecuted dozens of cases before the ARDC Hearing Board, Sari decided to apply her extensive knowledge of the ARDC and legal ethics to helping lawyers who may be facing disciplinary proceedings or who need guidance on ethics matters. Since 2010, she has successfully represented lawyers at every stage of the disciplinary process from investigation and hearing, to appeals before the ARDC Review Board and the Illinois Supreme Court. Sari also represents judges in disciplinary proceedings, and bar applicants in navigating Character and Fitness proceedings.

In addition to defending lawyers, judges, and bar applicants in disciplinary and bar admissions proceedings, Sari provides preventative consulting services and legal advice to lawyers regarding all manner of ethical and practice management issues. She has issued opinion letters on behalf of lawyers, law firms, government agencies, and law-related businesses to assist in clarifying their ethical obligations and to ensure their business models and procedures are consistent with the Rules of Professional Conduct. Sari also serves as an expert witness in legal malpractice and fee matters.

Sari is a leader in local, state and national bar associations and frequently presents at national, state, and local CLE programs. She is the Treasurer of the Association of Professional Responsibility Lawyers, serves on the American Bar Association Standing Committee on Professional Regulation and on the Illinois State Bar Association Committee on Professional Conduct, as well as on the Board of Managers of the Chicago Bar Association. Sari is also an Adjunct Professor of Legal Ethics at Northwestern Pritzker School of Law, and is a faculty member of the Practising Law Institute (PLI) and the National Academy of Continuing Legal Education (NACLE).

Sari has published numerous articles on a wide range of ethics and professional responsibility issues and has been appointed as a Subject Matter Expert/Drafting Committee Member for the Multistate Professional Responsibility Exam (MPRE). Sari is a graduate of the University of Chicago and Loyola University of Chicago School of Law.

Mary L. Tabin Related Seminars and Products

Member

Miller Johnson

Mary L. Tabin is a Member at Miller Johnson and has been practicing law since 1998. She is vice-chair of Miller Johnson’s Family Owned Business and Closely Held Companies practice, and is a member of the Wage and Hour Practice Group, FMLA / ADA Solutions Practice Group, and on the firm’s Health Care Reform Team.
Employment Law

Ms. Tabin represents owners, executives and human resource professionals for privately held and family owned businesses of all sizes.  She is also counsel to employers and managers of major providers in the health care industry. She provides day-to-day HR guidance in areas such as employee relations, retention, employee handbooks/policies and employment contracts including non-compete agreements and restrictive covenants. Ms. Tabin has vast experience in counseling on issues related to discrimination, harassment and retaliation. She also works with clients regarding compliance with laws governing wage and hour (FLSA), leaves of absence (FMLA), disability accommodation (ADA), and health and safety (OSHA/MIOSHA). Because she provides training in all of these areas, she is highly sought after as a speaker and for interviews.

Ms. Tabin routinely assists companies identify and resolve workplace issues that pose a threat to business operations. A large portion of Ms. Tabin’s practice includes conducting workplace investigations regarding employee misconduct, regulatory and compliance concerns, and discrimination, harassment and retaliation allegations. Ms. Tabin understands the importance of completing investigations in a prompt yet thorough and discreet manner. A key outcome of successful investigations is the creation and implementation of appropriate corrective actions that can help maximize employee relations and minimize future liability. To this end, Ms. Tabin partners with her clients, their boards and audit committees to recommend and implement any necessary disciplinary actions, evaluate policy changes, provide training to supervisors and managers, and institute programmatic operational and compliance changes to improve the organization’s business operations and protect against legal challenges.