Navigating the Changing Seas of E-Discovery Ethics: Key Considerations for Counsel
As technology continues to pervade every facet of life and business, the scope of the lawyer's ethical duty of competency has swelled to encompass technology's burgeoning role in litigation.
October 31, 2019 at 02:00 PM
6 minute read
Competency is a cornerstone of ethical duty in the legal profession. Lawyers today have a duty of competence to understand technology and stay apprised of continual changes in new tools, systems and applications. As technology continues to pervade every facet of life and business, the scope of the lawyer's ethical duty of competency has swelled to encompass technology's burgeoning role in litigation.
ABA Model Rule 1.1 was updated seven years ago with a comment formally declaring a lawyer's duty of technological competency. Since this 2012 update, a sea of change has ensued as state bar associations have adopted or amended their respective rules to capture the ethical duty of technological competency. Model Rule 1.1, Comment 8 states:
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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