Is Failing to Keep Abreast of Latest Technology Tantamount to a Possible Ethical Violation?

03 Tuesday Dec 2013

Posted by Celia C. Elwell, RP in Legal Ethics, Technology, Trial Tips and Techniques

≈ Comments Off on Is Failing to Keep Abreast of Latest Technology Tantamount to a Possible Ethical Violation?

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ABA, Duty of Competence, Lawyerist Blog, Legal Ethics, Legal Technology, Megan Zavieh, Model Rules

Luddite Lawyers Are Ethical Violations Waiting To Happen, by Megan Zavieh, Lawyerist Blog

http://lawyerist.com/luddite-lawyers-ethical-violations-waiting-happen/

The ABA made it abundantly clear that lawyers must keep up with technology when it amended comment 8 to Model Rule 1.1 on competence. Comment 8 now reads:

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.)