Embracing Technology in the Legal Profession: Technology-Related 2013 Changes to the Delaware Lawyers Rules of Professional Conduct

Abstract

Technology is seldom embraced when first introduced. Often rejected as an unreliable way of performing tasks, technological innovation tends to bother those who fear change in their habits. And yet, technology now pervades almost every aspect of the legal profession. The more prevalent use of videoconferencing, e-billing, electronic case management, and new innovations in e-discovery are examples of the increasingly important role technology holds in the legal profession. As the legal profession implements new forms of technology, the ethical rules that govern the legal profession must adapt to changes in technology. The 2013 changes to the Delaware Lawyers Rules of Professional Conduct (“DLRPC”) reflect this balancing act. The most pertinent technology-related changes to the DLRPC reflect the Delaware judiciary’s spirit of embracing responsible forms of technology in the practice of law.

Keywords: Delaware, ethical rules, ethics, professional conduct, rules of professional conduct, Delaware Lawyers Rules of Professional Conduct, technology, metadata, ethical issues