Ride the Lightning

California: 39th State to Adopt the Ethical Duty of Technical Competence

March 29, 2021

Bob Ambrogi reported in his LawSites blog on March 24 that California, which has approximately 13% of U.S. lawyers, has become the 39th state to adopt the ethical duty of technology competence.

Effective on March 22, the state’s Rules of Professional Conduct provide that a lawyer’s duty of competence encompasses “the duty to keep abreast of the changes in the law and law practice, including the benefits and risks associated with relevant technology.”

The California Supreme Court approved the new rule on Feb. 18, 2021, which appears as Comment 1 to Rule 1.1 of California’s professional conduct rules.

The duty came from the American Bar Association’s Model Rules of Professional Conduct. In 2012, the ABA’s House of Delegates voted to amend Comment 8 to Model Rule 1.1, which pertains to competence, to read as follows:

“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.”

Glad to see that California has joined the pack.

Bob has a great resource page on all the states which have adopted this duty, with links to the specific rule adopted by each state, as there is some variance.

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
3975 University Drive, Suite 225|Fairfax, VA 22030
Email:  Phone: 703-359-0700
Digital Forensics/Cybersecurity/Information Technology
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