Another State Adopts Duty of Technology Competence, Bringing Total to 28

In my continuing effort to keep a tally of the states that have adopted the duty of technology competence, I’ve discovered another, Nebraska, which brings the total to 28 states.

The Nebraska Supreme Court adopted the amendment on June 28, 2017.  It amends comment 6 to Nebraska Rule of Professional Conduct § 3-501.1 — the corollary to ABA Model Rule 1.1 on competence — to read as follows:

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, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

The italicized phrase is the same as the language that the ABA recommended in 2012 when it approved a change to the Model Rules of Professional Conduct to make clear that lawyers have a duty to be competent not only in the law and its practice, but also in technology.

Here is the full list of states that have adopted the duty of technology competence.