Recently, the American Bar Association released its annual technology survey, a comprehensive report that explores how attorneys are using technology. It revealed some troubling trends.
The finding of most concern is that nearly half of the respondents indicated their belief that they were not ethically required to stay apprised of legal technology developments, or that they were unclear regarding their ethical duties. In fact, the ABA formally approved a change to Rule 1.1 of the Model Rules of Professional Conduct in 2012 that clarified that a lawyer’s ethical duty of competence requires knowledge of technology related to their practice. Since that time, approximately half of the states have adopted the revised rule, which provides:
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.”