Last year at Rusty Duncan I had the pleasure of speaking on the topic of “Technology in the Modern Criminal Defense Law Office.” Normally that level of excitement is reserved for the time of day when everyone is taking a nap, but instead they had me speak at 8:00 a.m. on Thursday morning. One of the topics that had the crowd roused at such an early hour was the ethical implications in maintaining a “modern” law office. Attendees were a little shocked at the idea that if they didn’t maintain a fairly high level of technological understanding in maintaining and securing their technological information, it could be problematic.
As of 2019, comment 8 to Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct states that,
- Because of the vital role of lawyers in the legal process, each lawyer should strive to become and remain proficient and competent in the practice of law, including the benefits and risks associated with relevant technology. To maintain the requisite knowledge and skill of a competent practitioner, a lawyer should engage in continuing study and education. If a system of peer review has been established,the lawyer should consider making use of it in appropriate circumstances. Isolated instances of faulty conduct or decision should be identified for purposes of additional study or instruction.
Changes like that make each of us responsible for so much more knowledge and skill than our predecessors had to deal with. No longer are the days where lawyers could pass off changing technology as something for another professional to have to worry about. We all have an ethical duty to maintain a level of proficiency in the technology associated with the practice of law, and more importantly the associated risks. It isn’t hard to figure out that means we have to maintain a level of understanding of how to minimize those risks. Over the next couple of months, beginning with this edition, we will try to bring you relevant articles on that very topic. Not just from other lawyers, but from professionals who are equipped with the knowledge that not all of us possess to assist in maintaining the level of understanding that we are tasked with knowing. I know it may not always be the most riveting of topics, but I hope each of y’all learn something from the material.
Be safe.
