(Updated March 30, 2020)
In 2012 the American Bar Association amended Comment 8 to Model Rule of Professional Conduct 1.1 (Duty of Competence) to address lawyers and technology–specifically changes in technology and its use in legal practice.
The Comment 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.”
We originally posted this infographic in July 2016 but since then, many other states adopted the amended comment to MRPC 1.1 or something similar requiring technology competence so we update this post periodically.
To date, more states than not require attorneys to be “technologically competent” and stay abreast of changes relating to law practice and legal tech.
Check out this episode of the Technically Legal podcast for a more in depth look at MRPC 1.1 and lawyers’ duty of tech competence.
If we missed any states, please let us know.