Articles Tagged with legal ethics

My post yesterday about Kentucky having adopted the duty of technology competence brought an email alerting me that Indiana had also adopted the duty, bringing the total to 31. The complete list of states that have adopted this duty can be found here. A hat tip to William C. Wagner, partner at Taft Stettinius & […]

Just a week ago, I reported on the 29th state to have adopted the duty of technology competence, as part of my ongoing tally of states, and now there is the 30th to add: Kentucky. The duty took effect on Jan. 1, 2018, having been adopted by the Supreme Court of Kentucky on Nov. 15, 2017 […]

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 […]

I’ve written any number of posts about the duty of technology competence under ABA Model Rule 1.1, Comment 8, and I’ve been tracking its adoption by the states. But one aspect of this duty that does not get as much attention is how lawyers can get and remain technologically competent. There have been several developments on this […]

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 […]

During the past week, I’ve had the great honor and pleasure of presenting a four-hour program on legal ethics and technology to members of the Solo & Small Firm Section of the Florida Bar. What made this program particularly special was that it took place during a 10-day cruise along the Danube River, from Vilshofen, […]

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility has issued a major new opinion providing guidance on the steps lawyers should take to protect client confidentiality in electronic communications. The new opinion, Formal Opinion 477 (embedded copy below), updates Formal Opinion 99-413, issued in 1999, to reflect changes in the digital landscape as […]

Do you have attachment issues? Email attachments, that is. Or questions about encryption, client portals and other forms of client communications? Tomorrow, from 1 to 2:30 p.m. Eastern, Above the Law (@atlblog) and I (@bobambrogi) are hosting a Twitter chat, sponsored by Citrix (@sharefile), called “Attachment Issues: Ethics of Client Communications for Lawyers.” The primary themes […]

Add Tennessee to the list of states that have adopted the duty of technology competence, bringing the total to 27 states. And keep an eye on our neighbors to the north — Canada may be on its way to adopting a parallel duty. (See the full tally of states here.) In Tennessee, the Supreme Court […]

As this blog continues to follow the states that adopt the duty of technology competence for lawyers, there is another to add: Colorado. That brings to 26 the number of states that have adopted some version of Comment 8 to ABA Model Rule 1.1. Actually, Colorado adopted the rule last April. I missed that one […]

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 […]