Monday, November 4, 2019

Georgia to join majority of states that require lawyers to possess professional competence in technology use

Robert Ambrogi's always timely and informative LawSites blog is reporting that the Board of Governors of the Georgia Bar has voted to approve a change to the Rules of Professional Conduct that would mandate a duty of competence when it comes to a lawyer's use of technology.  The new rule is now open for public comment until December 1, 2019 at which point it will be submitted upon motion to the Georgia Supreme Court for approval. If adopted, Georgia will join 37 states, according to Mr. Ambrogi, that have embraced similar professional duties of technology competence. The proposed change to the state bar of Georgia's Rules of Professional Conduct states as follows:

Rule 1.1 Competence

Maintaining competence

[6] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject. (emphasis added)

Mr. Ambrogi has more details about a lawyer's professional duty of technology competence here.


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