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ABA Legal Technology Resource Center

Legal Ethics and Technology: Technological Competence

Competence in using a technology can be a requirement of practicing law. Requirements for technological competence may appear as part of rules for professional conduct, continuing legal education (CLE) programs, and malpractice insurance premium credits.

Competence as Part of a Code of Professional Conduct

One example of the expectation of technological competence on the part of attorneys is found at the Law Society of Alberta, Canada. The Law Society created a subcommittee on Ethics and the New Technology to tie its Code of Professional Conduct to particular areas of technology.

Technology and the Duty of Competence addresses this in Chapter 2, Rule 1, Commentary G.1.h, listing that "competence" requires "maintenance and improvement of knowledge and skills." The Subcommittee suggests that this requirement includes technological proficiency, especially in areas directly connected to an attorney's area of practice.


Continuing Legal Education Programs on Technology

Many states have Mandatory Continuing Legal Education (MCLE) requirements. (ABA's Summary of State MCLE Requirements) Check to see if courses involving legal technology have been approved for MCLE credit in your state


Risk Management and Malpractice Insurance

Many professional liability insurers will conduct a risk management evaluation of your office to help limit malpractice risk. Having, and using, computer-based systems for calendaring/docketing, time-tracking, and conflict checking may even lower your insurance premiums. Please check with your individual insurer for details.



Below are links to resources on other technology and ethics-related topics:

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