When the American Bar Association amended its Model Rules of Professional Conduct in August 2012 to include references to lawyers’ competence in handling technology, some lawyers were nervous. Others who had reason to be downplayed the significance: After all, the provision was buried in the nonbinding comments to the rules:
Comment 8 to Rule 1.1 Competence: 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.
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