Technology is seldom embraced when first introduced. Often rejected as an unreliable way of performing tasks, technological innovation tends to bother those who fear change in their habits. And, yet, technology now pervades almost every aspect of the legal profession. The more prevalent use of videoconferencing, e-billing, electronic case management and new innovations in e-discovery are examples of the increasingly important role technology holds in the legal profession. As the legal profession implements new forms of technology, the ethical rules that govern the legal profession must adapt to changes in technology. The 2013 changes to the Delaware Lawyers’ Rules of Professional Conduct reflect this balancing act. The most pertinent technology-related changes to the DLRPC reflect the Delaware judiciary’s spirit of embracing responsible forms of technology in the practice of law.
Competence
Although Rule 1.1 remains unchanged, language added to Comment 6 for Rule 1.1 makes clear that Delaware attorneys have an affirmative obligation to make themselves aware of developments in technology. Comment 6 now reads:
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