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UPDATED: Lawyers’ Duty of Technology Competence By State [Infographic]

(Updated April 18, 2019)

In 2012 the American Bar Association amended Comment 8 to Model Rule of Professional Conduct 1.1 (Duty of Competence) to address changes in technology. 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, several other states adopted the amended comment or something similar so we update this post periodically.

To date, more states than not require attorneys to stay abreast of changes in technology relating to law practice.

If we missed any states, please let us know. Also, if you are interested in a free copy of our e-book on E-Discovery and a Lawyer’s Duty of Competence click here.


Lawyers Duty of Tech Competence Rule 1.1


Posted on April 18, 2019 in Ethics and Rules of Professional Conduct, Legal Technology

About the Author

Chad Main is an attorney and the founder of Percipient. Prior to founding Percipient, Chad worked as a litigator in Los Angeles and Chicago. He is a member of the Seventh Circuit Electronic Discovery Pilot Program Committee and may be reached at cmain@percipient.co.
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