Saturday, March 21, 2020

Technology competence news: civil liability for incompetence involving technology; the need for technology competence during the coronavirus crisis

Long time readers of this blog know I have posted many stories related to the notion of competence related to the use of "technology" in the practice of law.  Go here and scroll down for many stories on the subject.  And, as you probably know also, many jurisdictions have adopted the notion of knowledge or understanding of technology as an element of the duty of competence under rule 1.1.

I am writing about this today because I recently saw two stories of interest related to technology and the practice of law.

The first one relates to the fact that the measures taken to address the health crisis created by the spread of the COVID-19 coronavirus has forced many lawyers to practice remotely. For many, this is a new experience that has forced them to learn how to use new technology.  The story is called Coronavirus Could Be Tipping Point For Tech Competence In Law and you can read it here

The second story discusses a related issue.  Once we recognize that the duty of competence includes competence in using technology we open the door to possible civil liability for a violation of that duty.  The Law For Lawyers Today recently discussed a decision that recognized a cause of action along those lines here.  In the case, the plaintiff alleged that the law firm failed to adequately protect his personal data from hackers.

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