William Golden, Author at Legal Ethics Advisor

The American Bar Association (ABA) Offers Access to “Cybersecurity” Insurance

by William Golden in Featured, Legal Services, News. Posted April 10, 2017

This addition comes after the increasing number of firms that have fallen victim to hackers. The purchase and retention of cybersecurity insurance would assist lawyers in following 2012 changes to Model Rule 1.1 Competence found in the Rule’s comments.

Illinois: Attorneys & Clients in the Cloud

by William Golden in Ethics Opinion, Featured, Technology. Posted February 18, 2017

Recently, the Illinois State Bar Association (ISBA) issued a Professional Conduct Advisory Opinion stating that lawyers may use cloud-based services to store client information.

Virginia: Conflict of Interest & Importance of Public Confidence Precludes Law Firm From Lobbying General Assembly

by William Golden in Conflict of Interest, Ethics Opinion, law firms, legal ethics, Legal Services, lobbyists. Posted December 6, 2016

The Virginia State Bar recently opined that lawyer-legislator status creates a conflict of interest such that not only is the lawyer precluded from lobbying the legislative body of which he is a member, but so too are all the other members of the consulting firm of which he is a member and law firm that owns the consulting firm.

New York: No Obligation for a Lawyer to Report a Judicial Misconduct

by William Golden in Ethics Opinion, Featured. Posted October 3, 2016

The New York State Bar Association’s (NYSBA) Committee on Professional Ethics recently opined that lawyers do not have a duty under the Rules of Professional Conduct (“RPC”)to report judicial misconduct; however, a lawyer may report a judge for a violation of the Rules of Judicial Conduct (“RJC”). Obligation

[…] of a non-binding advisory opinion, as has been the case with other jurisdictions such as, Florida, San Francisco, and Delaware, it is important to note that Ohio went a step further and amended its rule regarding […]

Remote Lawyering: New Jersey and Ohio On Board - Legal Ethics Advisor on Remote Work: San Francisco Bar Association Advice in Ethics Opinion 2021-1
Not all jurisdictions have adopted the Model Rule version of the choice of law rule; seems like there might be a different result in at least some of those states. See, e.g., NY RPC 8.5(b)(2)(i) ("If the lawyer is licensed to practice only in this state, the rules to be applied shall be the rules of this state").

Art Lachman on ABA Opinion 499 Green Lights Lawyers’ Passive Investment in Firms with NonLawyer Ownership

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Articles Posted by William Golden

The American Bar Association (ABA) Offers Access to “Cybersecurity” Insurance

Illinois: Attorneys & Clients in the Cloud

Virginia: Conflict of Interest & Importance of Public Confidence Precludes Law Firm From Lobbying General Assembly

New York: No Obligation for a Lawyer to Report a Judicial Misconduct