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The Duty and Benefits of Technology Competence
In 2012, the ABA amended Comment 8 to Model Rule of Professional Conduct 1.1 (Lawyers Duty of Competence) to address technology competency. The comment now reads: To maintain the requisite knowledge and skill, a lawyer shall keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology … (emphasis added).
Nearly 10 years later, in 2021, a now-infamous Texas lawyer appeared in a virtual legal proceeding over Zoom unwittingly using a filter that turned his face into that of an adorable kitten — and then couldn't figure out how to turn it off. "I'm here live. I'm not a cat," said the lawyer. "I can see that," the judge responded before kindly attempting to walk the lawyer through fixing the filter issue.
In the court of public opinion, this particular scenario likely underscored a tool (Zoom) that was giving people worldwide some consternation as being a rapid pivot during COVID-19 lockdowns, without much time for training or "getting up to speed." However, people do expect more from those in the legal profession.
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