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New Technologies Make for a Shifting Definition of 'Technical Competence'

By Tinamarie Feil
September 01, 2022

In 2012, the ABA amended Comment 8 to Model Rule of Professional Conduct 1.1 (Lawyers Duty of Competence) to address technology competency. The comment now reads: To maintain the requisite knowledge and skill, a lawyer shall keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology … (emphasis added).

Nearly 10 years later, in 2021, a now-infamous Texas lawyer appeared in a virtual legal proceeding over Zoom unwittingly using a filter that turned his face into that of an adorable kitten — and then couldn't figure out how to turn it off. "I'm here live. I'm not a cat," said the lawyer. "I can see that," the judge responded before kindly attempting to walk the lawyer through fixing the filter issue.

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