The Twenty-First Century Lawyer's Evolving Ethical Duty of Competence

Abstract

Just twenty years ago, lawyers were not expected to know how to protect confidential information from cybersecurity threats, use the Internet for marketing and investigations, employ cloud-based services to manage a practice and interact with clients, implement automated document assembly and expert systems to reduce costs, or engage in electronic discovery. Today, these skills are increasingly essential, and many lawyers want to know whether they are adapting quickly enough to satisfy their ethical duty of competence. This short article describes several relevant recent changes to the Model Rules of Professional Conduct and identifies new skills and knowledge that lawyers should have or develop.