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<i>CYBER-ETHICS:</i> Technological Competence Obligations and the Interplay of the ABA Model Rules and Attorney Cybersecurity
The American Bar Association (ABA) has long published its Model Rules of Professional Conduct and modifies them from time-to-time to stay current with legal and technological developments and advances. While these Model Rules are not officially binding on attorneys, they have been adopted in large part by nearly every state (with the exception of California), and provide a guideline for attorneys across the country regarding standards of professional responsibility and ethical conduct. In 2012, the ABA implemented several changes to certain of the Model Rules, and the Comments thereto, related to technology and an attorney's professional responsibilities, and to date approximately 20 states have adopted those modifications.
Rule 1.1 requires technological competence by attorneys.
The current Model Rule 1.1 on competence provides that:
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
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