Mass. Becomes 14th State to Adopt Duty of Technology Competence

I wrote recently that 13 states had adopted the ethical duty of technology competence reflected in 2012 amendments to the ABA Model Rules of Professional Conduct. Well, make it 14. Today, the Supreme Judicial Court of Massachusetts ordered the adoption of Comment 8 to Rule 1.1, which will now read as follows in Mass.:

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, and engage in continuing study and education.

The change will take effect on July 1, 2015. This was part of a package of changes to the Mass. Rules of Professional Conduct. The order and full text of the revised rules are below.