Extract from Rose Jones, Sarah Tona and Colleen Casey Voshell’s article “Navigating the Changing Seas of E-Discovery Ethics: Key Considerations for Counsel”
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.