Articles Tagged with legal ethics

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 […]

It was big news in 2012 when the American Bar Association amended the Model Rules of Professional Conduct to make clear that lawyers have a duty to be competent in technology. Specifically, the ABA amended the comment to Model Rule 1.1, governing lawyer competence, to say that, in addition to keeping abreast of changes in the […]

A former American Bar Association ethics lawyer has launched a web service that serves as an “emergency room” for lawyers who need immediate assistance with legal ethics issues. The site, ER for Lawyers, provides ethics research to lawyers nationwide. The site’s founder, Kathryn A. Thompson, is an Illinois lawyer who formerly served eight years as […]

The ABA Legal Technology Resource Center has a useful collection of cloud ethics opinions from around the U.S. For anyone researching the topic, however, you should note that the list is incomplete. My research found three states not listed on the LTRC site — Connecticut, Florida and Virginia — and feedback to this post has alerted […]

A lawyer may ‘friend’ an unrepresented adversary to obtain information for a case, provided the lawyer first discloses the client that he or she is representing, the Committee on Professional Ethics of the Massachusetts Bar Association has ruled. A lawyer for a party may ‘friend’ an unrepresented adversary in order to obtain information helpful to […]