Lawyers and Technology

Revisions to the ethics rules on competence clearly demonstrate a desire to nudge lawyers into the 21st century when it comes to technology. ABA Model Rule 1.1 provides that a lawyer owes clients what is commonly referred to as a “duty of competence.”   Newly amended Comment 8 to Model Rule 1.1 provides additional guidance by explaining that: “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.” (emphasis added). The highlighted language is in Connecticut’s Rules of Professional Responsibility, Rule 1.1 Commentary, effective January 1, 2014.

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