Ethics and Technology

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.