Navigating Technology Competence in Transactional Practice
Posted: 29 May 2018
Date Written: 2018
In 2012 the American Bar Association House of Delegates, based on the work of the ABA Commission on Ethics 20/20, amended the Model Rules of Professional Conduct (“MRPC”) to include a new requirement concerning lawyer competence. The obligation, enacted as a comment to existing Model Rule 1.1 (outlining a lawyer’s requisite competence), requires lawyers “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology”. To date, this Comment 8 to MRPC 1.1 has been adopted in 31 states, and has begun generating scholarship and debate as to its enforcement, efficacy, and extent. However, very little has been written regarding the requirements of this comment on practitioners of transactional law. This Article will examine the potential pitfalls and parameters of technology competence in transactional lawyering, and provide workable guidelines for compliance with this requirement in the quickly changing landscape of deal-making in the legal profession.
Keywords: Model Rules of Professional Conduct, MRPC, technology, competence, transactional law
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