Another state has adopted the ethical duty of technology competence for lawyers, bringing the total that have done so to 32.
This week, the Vermont Supreme Court ordered amendments to the comments to Rule 1.1 of the Vermont Rules of Professional Conduct. The amendments track the 2012 changes to the ABA Model Rules of Professional Conduct, and specifically include Comment 8’s duty of technology competence:
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. (Emphasis added.)
The court also adopted comments 6 and 7, pertaining to outsourcing work by lawyers.
The court entered its order on Oct. 9, 2018, and the changes take effect on Dec. 10, 2018.
Hat tip to Michael Kennedy for letting me know about this.
— Michael Kennedy (@VTBarCounsel) October 12, 2018