Law Sites

September 6, 2017

By Robert Ambrogi

 

  

 

 

In my continuing effort to keep a tally of the states that have adopted the duty of technology competence, I’ve discovered another, Nebraska, which brings the total to 28 states.

 

The Nebraska Supreme Court adopted the amendment on June 28, 2017.  It amends comment 6 to Nebraska Rule of Professional Conduct § 3-501.1 — the corollary to ABA Model Rule 1.1 on 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.

 

The italicized phrase is the same as the language that the ABA recommended in 2012 when it approved a change to the Model Rules of Professional Conduct to make clear that lawyers have a duty to be competent not only in the law and its practice, but also in technology.

 

Here is the full list of states that have adopted the duty of technology competence:

 

• Arizona, effective Jan. 1, 2015.
• Arkansas, approved June 26, 2014, effective immediately.
• Colorado, approved April 6, 2016, effective immediately.
• Connecticut, approved June 14, 2013, effective Jan. 1, 2014.
• Delaware, approved Jan. 15, 2013, effective March 1, 2013.
• Florida, approved Sept. 29, 2016, effective Jan. 1, 2017.
• Idaho, approved March 17, 2014, effective July 1, 2014.
• Illinois, approved Oct. 15, 2015, effective Jan. 1, 2016.
• Iowa, approved Oct. 15, 2015, effective Oct. 15, 2015.
• Kansas, approved Jan. 29, 2014, effective March 1, 2014.
• Massachusetts, approved March 27, 2015, effective July 1, 2015.
• Minnesota, approved Feb. 24, 2015.
• Nebraska, adopted June 28, 2017.
• New Hampshire, approved Nov. 10, 2015, effective Jan. 1, 2016.
• New Mexico, approved Nov. 1, 2013 (text of approved rules), effective Dec. 31, 2013.
• New York, adopted on March 28, 2015, by the New York State Bar Association.
• North Carolina, approved July 25, 2014. Note that the phrase adopted by N.C. varies slightly from the Model Rule: “… including the benefits and risks associated with the technology relevant to the lawyer’s practice.”
• North Dakota, approved Dec. 9, 2015, effective March 1, 2016.
• Ohio, approved Feb. 14, 2015, effective April 1, 2015.
• Oklahoma, approved Sept. 19, 2016, effective immediately.
• Pennsylvania, approved Oct. 22, 2013 (text of approved rules), effective 30 days later.
• Tennessee, adopted March 6, effective immediately.
• Utah, adopted March 3, 2015, effective May 1, 2015.
• Virginia, approved Dec. 17, 2015, effective March 1, 2016.
• Washington, approved June 2, 2016, effective Sept. 1, 2016.
• West Virginia, approved Sept. 29, 2014, effective Jan. 1, 2015.
• Wisconsin, approved July 21, 2016, effective Jan. 1, 2017.
• Wyoming, approved Aug. 5, 2014, effective Oct. 6, 2014.

 

 

 https://www.lawsitesblog.com/2017/09/another-state-adopts-duty-technology-competence-bringing-total-28.html