We keep hearing more about professional competency in our discussions with our clients and even our internal team. Last week I was verbally crucified by an attorney who was convinced a pad of paper for notes and a pot of coffee was all he needed to review 440,000 documents. He had no use for a database or any kind of metadata filtering, keyword querying or date limiting whatsoever.
For some superhumans out there, I suppose this might be true. For the rest of us, there's a ton of brilliant tools available that help us catch up to analog superlawyer. You probably know by now we like Xera:)
One of our partners mentions Rule 1.1's somewhat pointed professional competence statement, and a recent amendment to the tune of:
“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.” (emphasis added)
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You see, The amended ABA Model Rule 1.1 is a good reminder that failing to obtain basic technological proficiency runs contrary to a lawyer’s duty of competence. Unfortunately, many attorneys tend to avoid technology-related issues that fall outside their comfort zone and relinquish important decisions to other departments without proper legal analysis. Recognizing whether to obtain the requisite degree of technological competence directly or by associating with others will likely continue to be a challenge for some lawyers today and in the future. Smart lawyers will realize that obtaining technological proficiency directly will not only help them satisfy the mandate of Model Rule 1.1, but also will empower them to serve as stronger advocates on behalf of their clients and result in competitive advantages.
Read more here:
- Inside Counsel: New Changes to a Model Rules a Wake-Up Call
- Robert Ambrogi's LawSites: Mass Moves to Require Technology Competence
- LawLogix: ABA Model Rules Revision Includes Technology
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