Saturday, December 7, 2019

South Carolina adopts a limited version of the duty to understand technology as part of the duty of competence -- UPDATED

About a month ago I noted that Georgia was in line to become the 38th state to adopt the notion of understanding "technology" as part of the duty of competence, as suggested by comment [8] to Model Rule 1.1.

Now comes news that will Georgia is still in the process of doing this, South Carolina has in fact become the 38th state.  However, South Carolina’s version of the comment differs from the model rule's one.  The model rule states that “a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.”  In contrast, South Carolina's version adds that the duty extends only to “technology the lawyer uses to provide services to clients or to store or transmit information related to the representation of a client.”

Law Sites has a comment, and criticism of the added restriction, here.

UPDATE 12/8/19:  Louisiana Legal Ethics has more here.

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