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Bankruptcy Legal Ethics and Attorney Discipline Technology Media and Telecom

The Duty and Benefits of Technology Competence

We all have experienced technology’s dramatic effect on bankruptcy practice, particularly in the electronic filing of documents and in the electronic communication and sharing of information among parties.

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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).

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