I heard a wonderful speaker the other day, a fellow named John T. Broderick, Jr., who is the retired chief justice of the New Hampshire Supreme Court and is now a law school dean. Justice Broderick posited that if a lawyer from the 19th century were to be magically dropped into a modern courtroom, he could quickly master the new environment and start trying a case. He contrasted what would happen if a doctor from the same time period were to be put into a modern operating room. Disaster. Where are the leeches? Give me one of those blood-letting fleems! What do you mean x-ray?
His point was that courts have to get with technology in a big way or cease being relevant to society. Apropos of this point is the fact that the solons who have been working on the American Bar Association’s Ethics 20/20 proposed amendments to the Rules of Professional Conduct have proposed adding a provision that the duty of competence includes technical competence. And technical competence means more than knowing how to e-file.
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