ABA Model Rule 1.1: The Duty of Technological Competence
Understanding your ethical obligations as an attorney in the digital age, including security, confidentiality, and staying current with legal technology.
By Michael Clendening, Founder of EverIntent | October 29, 2025 | 8 min read
Executive Summary
In 2012, the ABA amended Model Rule 1.1 Comment 8 to require lawyers to "keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." Since then, 38 states have adopted this duty of technological competence—meaning ignorance of legal tech is no longer defensible.
The 2012 Wake-Up Call
"Competent representation" has always been a cornerstone of legal ethics under ABA Model Rule 1.1. But in 2012, the ABA made technological competence explicit by amending Comment 8 to state that lawyers must "keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology."
What Technological Competence Actually Means
The precise skills required depend on your practice area, the matter at hand, and the technology your clients use. This includes e-discovery competence, cybersecurity and data protection, and understanding legal tech tools including AI systems.
State Variations
While 38 states have adopted some version of the technological competence duty, the language varies. Florida became the first state to require 3 hours of technology CLE per 3-year cycle. California issued Formal Opinion 2015-93 clarifying that technological competence is an expectation.
Consequences of Non-Compliance
Failing the duty of technological competence can trigger malpractice claims, disciplinary actions, court sanctions, and reputational damage. Courts routinely sanction attorneys for e-discovery failures and cybersecurity lapses.