Technology Competence

California, home to roughly 13% of all U.S. lawyers, has become the 39th state to adopt the ethical duty of technology competence.

Effective this week (March 22), the state’s Rules of Professional Conduct provide that a lawyer’s duty of competence encompasses “the duty to keep abreast of the changes in the law and law practice, including the benefits and risks associated with relevant technology.”

This includes eDiscovery technological competence regarding the benefits and risks associated with the technology.

Maintaining Competence

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.