Articles Tagged with legal ethics

Just last week, I reported that Oklahoma had adopted the duty of technology competence  for lawyers, becoming the 24th state on my ongoing tally of states that have adopted the ABA Model Rule. Now there is another. Yesterday, the Supreme Court of Florida ordered adoption of the duty of tech competence for that state, effective […]

Oklahoma this week became the latest state to adopt the duty of technology competence for lawyers. According to my ongoing tally, that brings the number of states that have adopted the duty to 24. The Supreme Court of Oklahoma adopted the change on Monday, to be effective immediately, in an order amending several of the […]

Recent legal developments have brought both good news and bad news for Avvo. Let’s start with the bad news. Earlier this year, Avvo launched Avvo Legal Services, a service offering fixed-fee, limited-scope legal help through a network of attorneys. In an earlier post, I explained how this works: Avvo sets the services to be provided […]

As I continue to track the states that have adopted the ethical duty of technology competence, I have two more to add, bringing the total to 23. Last week, Wisconsin became the latest state to adopt the duty, which will take effect on Jan. 1, 2017. On July 21, the Supreme Court of Wisconsin adopted […]

Many lawyers understand that a lack of competence in technology puts them at a competitive disadvantage. But do you also realize that it puts you at risk of ethical sanctions or malpractice? In my column this week at Above the Law, I discuss this evolving ethical duty of technology competence for lawyers and what it […]

I have been tracking here the states that have adopted the ethical duty of technology competence for lawyers. I have just learned of one more state that has adopted the duty. That brings the total number of states to 21. The latest state is North Dakota, where the Supreme Court ordered adoption effective March 1, […]

In my continuing effort to track states that have adopted the ethical duty of technology competence for lawyers, I have two more to add, one that adopted it recently and one that I missed from earlier this year: Iowa adopted the rule on Oct. 15, 2015, effective immediately. Here is the rule and here is the […]

The Supreme Court of Illinois yesterday adopted the ethical duty of technology competence, making it the 15th state (by my count) to have adopted the 2012 amendment to the ABA Model Rules of Professional Conduct. The Illinois change mirrors the Model Rule and amends Comment 8 to Rule 1.1, Competence, to read (changed text is underlined): […]

Ever since 2012, when the American Bar Association amended the Model Rules of Professional Conduct to say that lawyers have a duty to be competent in technology, there has been debate over just how far that duty extends. In a decision that could be a harbinger of how other states will rule, the State Bar […]

Nicole Hyland If you haven’t watched Better Call Saul then, well, you’d better. The Breaking Bad spin-off features the travails of Jimmy McGill, aka Saul Goodman, an ethically challenged advocate for whoever will pay his fee. This is a lawyer whose every action seems tailored for a law school ethics exam. But just how ethical […]

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 […]