Technology Competency: the Urgency to Clarify Comment 8 of Model Rule 1.1

Abstract

Technology connects attorneys to publications, cases, courts, legislatures, and clients. The American Bar Association (ABA) recognized the trend and created the Commission on Ethics 20/20 in 2009 to study the impact of technology and globalization on the legal profession.” One result of the Commission was amending Comment 8 (formerly comment 6) of Rule 1.1 to reflect, “A lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. The problem resides in the vagueness of the phrase because the 20/20 Commission’s intent on including the phrase was as a reminder only. This article reviews technological advances in the legal profession and the impact of those advances commencing in ancient Roman through present day; provides an analysis of how society defines technology and how understanding the actual technology is in contrast to knowing technology. The article continues by breaking down the suggested core technologies and explaining the benefits and risks associated with each. Lastly, the article breaks down why a new proposed comment is more viable and concludes by urging the ABA and the State Bar Associations either adopt the proposed comment or use it as a blueprint to create their own technology focused comments.