A Practical Approach to the Duty of Technology Competence

This presentation covers the duty of technology competence for lawyers and addresses how all legal professionals in a law firm must work together to competently represent clients. Competence includes the substance of the legal work and the technology used to provide legal services to clients. Though this rule specifically addresses lawyers, anyone working with a lawyer must strive to meet the same ethical duties as the lawyer, so paralegals should understand it.

This program will address (a) the duty of technology competence as it relates to the technology used in practice (Model Rule 1.1); (b) the implications of the forward-looking nature of Model Rule 1.1; and (c) how refusal to embrace technology can become an ethical issue, and lead to overbilling clients (Model Rule 1.5). Ivy will also explore how Model Rules 1.6, 5.1, and 5.3 interact with Model Rule 1.1. Examples and discussions will focus on MS Word in legal practice.

Learning Objectives:

1. Discuss the duty of technology competence and its requirements, and dispel common myths

2. Uncover how incompetent use of basic office software may have more implications beyond technical competence and may lead to overbilling clients

3. Illustrate the connection between Model Rule 1.1 and other (more established) rules such as Model Rules 1.5, 1.6, 5.1, and 5.3, to show that even though the new Model Rule 1.1 has not yet been adopted in all 50 states, and has few cases and ethics opinions interpreting it, it is a rule to be taken seriously

4. Demonstrate the importance of properly using MS Word to deliver legal services, and guide legal professionals to developing those skills