This is the second article in this column addressing the meaning and implications of Comment 8 to New York Rules of Professional Conduct 1.1, which states that “To maintain the requisite knowledge and skill, a lawyer should … (ii) keep abreast of the benefits and risks associated with technology the lawyer uses to provide services to clients or to store or transmit confidential information.”
In the first column published on March 1, 2019, we discussed the first two areas of technological competence reasonably necessary for today’s lawyers: data security and the technology used to practice law. In this article we address four other areas that require technological competence: social media; electronic discovery; technology used by clients to build products or offer services; and technology used to present information in court.
Social Media Competence
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