As I continue my effort to keep a tally of the states that have adopted the duty of technology competence. I’ve just learned, belatedly, of another.
On Sept. 26, 2017, the Supreme Court of Missouri adopted the amendment. It amends Rule 4-1.1 of Missouri’s Rules of Professional Conduct by revising Comment 6, Maintaining Competence, to be in accord with ABA Model Rule 1.1. The Missouri rule now reads:
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 phrase I’ve italicized 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.
(A big tip of the hat to Carole Levitt of Internet for Lawyers for alerting me to this change.)