In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology . . . .” See ABA, Commission on Ethics 20/20 Resolution 105A (August 2012). Since then, at least 15 states have officially adopted Comment 8 as part of their rules of professional conduct. On October 15, 2015, Illinois became the most recent state to join the list. See Order M.R. 3140, Supreme Court of the State of Illinois at p. 10 (Oct. 15, 2015).
This action by the Illinois Supreme Court is a yet another message to practicing lawyers that keeping up with technological change is important in the practice of law. Louisiana should consider sending a similar message to its lawyers.
Robert Ambrogi at LawSites blog has posted a running list of state adoptions of this principle:
- Arizona, effective Jan. 1, 2015.
- Arkansas, approved June 26, 2014, effective immediately.
- Connecticut, approved June 14, 2013, effective Jan. 1, 2014.
- Delaware, approved Jan. 15, 2013, effective March 1, 2013.
- Idaho, approved March 17, 2014, effective July 1, 2014.
- Illinois, approved Oct. 15, 2015, effective Jan. 1, 2016.
- Kansas, approved Jan. 29, 2014, effective March 1, 2014.
- Massachusetts, approved March 27, 2015, effective July 1, 2015.
- Minnesota, approved Feb. 24, 2015.
- New Mexico, approved Nov. 1, 2013 (text of approved rules), effective Dec. 31, 2013.
- North Carolina, approved July 25, 2014. Note that the phrase adopted by N.C. varies slightly from the Model Rule: “… including the benefits and risks associated with the technology relevant to the lawyer’s practice.”
- Ohio, approved Feb. 14, 2015, effective April 1, 2015.
- Pennsylvania, approved Oct. 22, 2013 (text of approved rules), effective 30 days later.
- West Virginia, approved Sept. 29, 2014, effective Jan. 1, 2015.
- Wyoming, approved Aug. 5, 2014, effective Oct. 6, 2014.
