Technology Competence Is Now An Ethical Issue

Co-Authored by Rebekah Lee*

In February 2021, California became the 39th state to adopt a duty of technology competence when it added Comment 1 to Rule 1.1 ("Competence") of the California Rules of Professional Conduct. That comment explains that the duty of competence set forth in Rule 1.1 requires that all California attorneys "keep abreast of the changes in the law and its practice, including the benefits and risks associated with relevant technology."¹ This change places California in sync not only with the majority of states, but also with the American Bar Association ("ABA"), whose Model Rules of Professional Conduct require attorneys to keep up with the ever-evolving uses of technology in the practice of law.²