Article

Why Do Lawyers Resist Ethical Rules Requiring Competence With Technology?

May 4, 2015

Excerpt: Recently, the Virginia State Bar Council voted to adopt changes to the Model Rules of Professional Conduct. The changes were based on the American Bar Association’s modifications to the Comments of Rule 1.1 respecting Competence (“…a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with technology…”) and Rule 1.6 respecting Confidentiality (“(c) A lawyer shall make reasonable efforts to prevent the unintended disclosure of, or unauthorized access to, information relating to the representation of a client.”)

What’s reasonable? The Comments go on to list relevant factors:
1. the sensitivity of the information
2. the likelihood of disclosure if additional safeguards are not employed
3. the cost of employing additional safeguards
4. the difficulty of implementing the safeguards
5. adverse effect on the lawyer’s ability to represent clients

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