Last week, I presented Tech Talk for Attorneys: Using Computers Efficiently in the Workplace at the D.C. Bar's Lunch and Learn program. One of the "tips" included a discussion of an attorney's bar association competency requirement as it relates to using tech in their practice. The ABA adopted a Comment, #8, to its Competence Rule, #1.1, that requires us to not only remain competent in the law and in our lawyering skills but in our use of technology as well.

• Rule 1.1: Competence: Client-Lawyer Relationship - A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

• Comment 8: Maintaining Competence: To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

As of this posting, there are 38 states that require a lawyer to be competent the her/his use of technology: Is your state one of them?

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