In light of recent changes to the American Bar Association's Model Rules of Professional Conduct, what are a lawyer's ethical duties arising from new technology? And what should a lawyer know about technology.
Commission's Technology and Confidentiality Recommendations
Recently, the ABA Commission on Ethics 20/20 submitted to the ABA House of Delegates two resolutions and reports 1 on ethics and technology. Based on advances in technology, the commission made two types of recommendations as to confidentiality: (1) To amend the Model Rules to offer general guidance regarding the use of technology and (2) to create a centralized user-friendly website with information about security standards when using technology. The website has not been created,2 but the ABA House of Delegates approved the model rules amendments on August 6, 2012.
Republished with permission. This article first appeared in The Alabama Lawyer Magazine, released on January 2014.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.