As you know the Model Rules, and now at least 36 states, consider that understanding and keeping up with developments in "technology" is part of a lawyer's duty of competence.
Yet, only two states require that lawyers' CLE programs include hours devoted to issues related to technology and the practice of law. Two recent articles touch on these subjects:
Law Technology Today has a recent article on why every state should require technology CLEs. You can read it here.
Also, Above the Law has a comment on a recent Ethics Opinion in Louisiana which the author of the comment argues misses the point on tech competence. First, he argues that the opinion wrongly presumes that using technology in law practice is optional and that a lawyer must be competent in technology only if the lawyer chooses to use technology. Second, he argues that the opinion also presumes that a lawyer's competence only relates to the lawyers’ direct use of technology on behalf of a client. As he argues, and I agree, "that misses a critical component of the duty of technology competence — understanding the client’s use of technology. A lawyer cannot competently represent a client if the lawyer does not understand the client’s technology usage and systems and how they may relate to the matter at hand."
I agree on both points, and I would add that a lawyer needs to be competent in the use of technology also because lawyers need to understand other lawyers' use of technology.
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