My post yesterday about Kentucky having adopted the duty of technology competence brought an email alerting me that Indiana had also adopted the duty, bringing the total to 31. The complete list of states that have adopted this duty can be found here.

A hat tip to William C. Wagner, partner at Taft Stettinius & Hollister LLP in Indianapolis, for pointing me to the Indiana Supreme Court’s order on July 31, 2017, adopting Comment 6 to Rule 1.1 on competence. The revised rule took effect on Jan. 1, 2018.

Indiana’s Comment 6 is now identical to ABA Model Rule 1.1, Comment 6, and 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 the technology relevant to the lawyer’s practice, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

If you know of any others that I have missed, please let me know.

Photo of Bob Ambrogi Bob Ambrogi

Bob is a lawyer, veteran legal journalist, and award-winning blogger and podcaster. In 2011, he was named to the inaugural Fastcase 50, honoring “the law’s smartest, most courageous innovators, techies, visionaries and leaders.” Earlier in his career, he was editor-in-chief of several legal publications, including The National Law Journal, and editorial director of ALM’s Litigation Services Division.