Tech Competence

In my continuing effort to track states that have adopted the ethical duty of technology competence for lawyers, I have two more to add, one that adopted it recently and one that I missed from earlier this year:…

The Supreme Court of Illinois yesterday adopted the ethical duty of technology competence, making it the 15th state (by my count) to have adopted the 2012 amendment to the ABA Model Rules of Professional Conduct.

The Illinois change mirrors the Model Rule and amends Comment 8 to Rule 1.1, Competence, to read (changed text…

Ever since 2012, when the American Bar Association amended the Model Rules of Professional Conduct to say that lawyers have a duty to be competent in technology, there has been debate over just how far that duty extends.

In a decision that could be a harbinger of how other states will rule, the State Bar…

I wrote recently that 13 states (see full list) had adopted the ethical duty of technology competence reflected in 2012 amendments to the ABA Model Rules of Professional Conduct. Well, make it 14. Today, the Supreme Judicial Court of Massachusetts ordered the adoption of Comment 8 to Rule 1.1, which will now read as…

Important note: I have moved this list to a new page. This page is no longer being updated. For the up-to-date list, please see the new page. 

[Update 3/15/18: Indiana adopted the rule, so the total is now 31.]

[Update 3/14/18: Kentucky adopts the rule, bringing total to 30.]

[Update 3/5/18:…

It was big news in 2012 when the American Bar Association amended the Model Rules of Professional Conduct to make clear that lawyers have a duty to be competent in technology. Specifically, the ABA amended the comment to Model Rule 1.1, governing lawyer competence, to say that, in addition to keeping abreast of changes in the…