Robert Ambrogi Blog
Ever since 2012, when the American Bar Association first adopted a duty of technology competence for lawyers as part of its Model Rules of Professional Conduct, its approach has been the template for state adoption of the duty. That approach was to incorporate the duty in a comment (Comment 8) to Model Rule 1.1, which pertains generally to competence.
Of the 40 states that have since adopted the duty, all have followed the ABA’s lead in doing so through a comment to the general rule of lawyer competency (although not all have followed the ABA’s precise language).
But now Puerto Rico has taken a different tack. In adopting the duty of tech competence, it has done so through a separate rule — not a comment to Rule 1.1 but a whole new Rule 1.19 titled “Technological Competence and Diligence.”
Manuel Quilichini, the past president of the Puerto Rico Bar Association and member of a Puerto Rico Supreme Court committee that recently updated the Rules of Conduct, told me that, with regard to the duty of technological competence, “we decided to write a specific rule instead of following the ABA’s comment on Rule 1.1.”
The change came as part of a historic order issued yesterday by the Supreme Court (ER-2025-02) approving adoption of a full set of Rules of Professional Conduct, modeled on the ABA’s Model Rules, to replace Puerto Rico’s code of professional ethics, which had been in place since 1970.
“This approval marks a milestone in the evolution of the legal profession in the country and reaffirms a strong commitment to the highest standards of integrity, competence, and professional responsibility,” the court said in an announcement of the changes.
The new rules go into effect on Jan. 1, 2026.
My Take
I like Puerto Rico’s approach of separating the duty of tech competence into its own rule. In my opinion, it accomplishes two things that the ABA rule does not:
- It underscores and emphasizes the importance of the duty of tech competence — not just as an afterthought to lawyers’ general duty of competence, but as an independent and essential requirement of competently practicing law.
- It eliminates the vagueness of the ABA rule. The ABA rule is nothing but a clause inserted in a longer sentence, and all it tells us is that lawyers should keep abreast of “the benefits and risks associated with relevant technology. Puerto Rico’s rule, as you can see below, goes into more detail, setting out a clear rule and then further comments that elaborate on that rule. In that simple way, the rule provides more detail and guidance than the ABA approach.
The full rule is below.
Here is the full text of the Puerto Rico rule:
RULE 1.19. TECHNOLOGICAL COMPETENCE AND DILIGENCE
Persons practicing law must acquire the necessary skills and maintain a reasonable knowledge of technological developments that may impact legal practice and notarial functions. This includes the duty to use technology diligently and with awareness of its benefits and risks in order to provide competent and effective legal representation or notarial services.
COMMENTS
Technological Competence
[1] This rule recognizes that technology has become an indispensable tool in legal and notarial practice. The dynamic nature of technology requires its use to be assessed within the specific context of legal practice, acknowledging the diversity of legal fields and the needs of clients or service requesters. Thus, technological competence involves reasonably understanding its capabilities, benefits, limitations, and risks; verifying the accuracy of its results; and maintaining independent professional judgment, without expecting legal practitioners to be experts in all technologies. Reasonableness will be assessed considering all circumstances, including experience in the legal profession and area of practice, among other factors.
The duty of technological competence works in conjunction with other rules, such as Rule 1.1 on competence, Rule 1.3 on diligence, Rule 1.4 regarding communication, Rule 1.6 concerning confidentiality of information, Rule 3.3 on conduct and the duty of candor before the courts, Rule 5.1 regarding supervision of legal practitioners, and Rule 5.3 on responsibility for supervising support staff.
Technological Diligence
[2] Technological diligence means using technological tools or solutions in a timely, responsible manner without causing undue delays or harm. For example, failing to check an electronic notification, submitting documents without validating content generated by technological tools, or delegating tasks to such tools without proper oversight may constitute a lack of diligence—even when technological competence exists.
Confidentiality
[3] Legal practitioners must be competent and diligent in protecting confidential and privileged information. This includes considering how to protect information inputted into a technological tool concerning legal representation and the risk of exposing or permitting unauthorized access to such information. Reasonable measures must be taken to prevent access by individuals who should not have it.
Disclosure
[4] When the use of technology involves a significant risk of exposure or disclosure, legal practitioners must inform their clients or service requesters and, if necessary, obtain informed consent.
Fees
[5] Legal practitioners should bill only for time actually spent on a matter. Generally, time spent learning technologies that are or will be generally used in practice cannot be billed.
Supervision
[6] The considerations of this rule also apply in the context of supervision. Those with authority in a legal office must establish clear policies on the use of technologies—including artificial intelligence—and train all office personnel, whether or not they are licensed practitioners, to use them ethically, safely, and responsibly.
Technological Tools and Artificial Intelligence
[7] Technological tools or solutions within the scope of this rule include, but are not limited to, legal research platforms, electronic communications, cloud storage, digital evidence, electronic discovery, artificial intelligence, and other digital resources used in legal or notarial practice. This list is not exhaustive and must be interpreted in light of technological evolution and its integration into legal practice.
In today’s context, artificial intelligence is a branch of computer science that uses algorithms to mimic human reasoning and generate predictions, recommendations, or content based on databases and objectives set by developers and users. Therefore, when using complex technological tools, legal practitioners must have a reasonable understanding of how they function or seek specialized advice. Technological tools like AI and other advanced information processing systems can be helpful in legal analysis, document drafting, or information organization. However, they must not replace the professional judgment of lawyers or notaries. All content generated by technological means must be carefully reviewed—especially documents filed with a court—to ensure accuracy, relevance, and legal correctness.