Meeting the Duty of Technology Competence

Updated: Oct 18, 2019

In 2012, the American Bar Association amended Comment 8 to the Model Rule of Professional Conduct 1.1 regarding Duty of Competence. The amendment was a strong statement to law firms and attorneys that they could no longer stick their heads in the sand when it came to technology competence. The Rule now reads:

The amendment to the rule came as no shock to the legal community and was even anticipated after the passing of the HITECH Act.

One-by-one, year-after-year, each state began to adopt the ABA amendment into their own Rules of Professional Conduct, and by the end of 2013, three states (Delaware, Pennsylvania, and New Mexico) had adopted the amended Rule. However, by the end of 2014, that number more than doubled at 10 States. Currently, 37 States have adopted the amended Rule.