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Bar Exam Blues, Blue-Sky Thinking

The Escalating Cost of Technological Incompetence


The Lawyerist reminds us of several ways in which technological incompetence has caused actual harm to lawyers and their clients. And from the UK, the Solicitors Regulation Authority (SRA) says that cyber criminals have caused “substantial losses” to 50 law firms in 2015.

So far in the U.S. 15 states have amended their rules of professional conduct to bring them in line with the ABA's amended Comment 8 to Model Rule 1.1: 

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. (Emphasis added.)

The State Bar of Michigan's 21st Century Practice Task Force has this issue on its radar and will be making its recommendation in March. In the meantime, stay safe out there. And use the State Bar's free practice management resources to help.


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