Two or three years ago at a Connecticut Bar Association professionalism symposium, Mike Bowler, the Statewide Bar Counsel, discussed how changes to Rule 1.1, which deals with lawyer competence, now requires lawyers to have technological competence. He predicted that lawyers were going to get into trouble if they ventured into litigation and other areas of representation without having a sufficient grasp of the technological aspects of the undertaking.
While Mike gave an example of a lawyer in a divorce case not doing due diligence on a spouses’ Facebook postings, it was not hard to imagine other areas where a digital “gotcha” might be found. A hapless Massachusetts lawyer recently provided one example.
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