It’s been a while since I’ve posted. I love easing my way back into blogging with quick hitters. So, without further ado: Tip #1. During a remote hearing, whether angry at yourself, opposing counsel, the court, or a screen that’s blank, frozen, or otherwise not working properly, don’t “flip the bird” at your camera. Tip … Continue reading Tech Competence and . . . flipping the bird?
Last week I posted about the Florida Bar’s proposed advisory opinion that would authorize lawyers to accept payment for legal fees via mobile apps as long as they protect client confidences and safeguard clients funds. My post focused on the “client confidences” aspect of the proposed opinion. Today, I’ll address the “safeguard client funds” aspect. … Continue reading Safeguarding Client Funds: Tech Competence & Mobile Payment Apps.
Back when I blogged more often than I do now, I’d post about tech on Tuesdays. Today, I didn’t intend to blog. Alas, in the past hour, numerous readers have emailed or texted me the same story. Initially, it came from lawyers. Then, my friend Waskow texted me and my brother, with my brother replying, … Continue reading Tech Competence & Cats
Today’s post updates/revisits topics I’ve previously discussed: duties to clients when a lawyer leaves a firm. Tech competence: it’s been 16 years (!) since Zubulake. Arizona adopts significant regulatory reform. Duties to Clients when a Lawyer Leaves a Firm In September, I posted Leaving A Law Firm: Breaking Up Is Hard To Do. The post highlights the … Continue reading Updates on Leaving a Firm, Tech Competence, and Regulatory Reform.
A few minutes ago, I finished HBO’s I Love You, Now Die: The Commonwealth v. Michelle Carter. Directed by Erin Lee Carr, the two-part documentary delves into the relationship between teenagers Michelle Carter and Conrad Roy, and the involuntary manslaughter charge that was filed against Carter following Roy’s suicide. As a person, I found the documentary disturbing, … Continue reading I Love You, Now Die: what an HBO documentary can tell us about the duty of tech competence.
This blog was built on the idea that competence includes tech competence. As I’ve hammered home that point over the years, I’ve touched upon the ethics issues associated with web bugs. My most recent post on the issue is here: Don’t Let the Web Bugs Bite. It discusses an advisory opinion issued by the Illinois State … Continue reading Court Martials, Web Bugs, and Tech Competence
The first rule in the Vermont Rules of Professional Conduct requires lawyers to provide clients with competent representation. I’ve long argued that Rule 1.1’s duty of competence includes tech competence. Last week, the Vermont supreme Court promulgated amendments to Rule 1.1. The amendments add three new comments, including one that makes it clear that, in … Continue reading Court Adopts Comment on Tech Competence
Last week, the Professional Responsibility Board voted to recommend that the Vermont Supreme Court follow the lead of ABA and 31 other states and adopt a duty of tech competence. Specifically, the Board voted to recommend that the Court amend Comment 6 to Rule 1.1 to read as follows: “ To maintain the requisite knowledge … Continue reading Got Tech Competence? The VBA Does.
Last week, the Illinois State Bar Association (ISBA) became the 4th to opine that a lawyer violates the ethics rules by using secret email tracking software. The opinion is here. The opinion was reported by 2Civility . Secret email tracking software?? What is this? 007, Archer, and Get Smart? I wish. Alas, it’s tech competence. As … Continue reading Tech Competence: Don’t Let the Web Bugs Bite
As Olivia might sing, let’s get techical, techical. Last week, the Professional Responsibility Board voted to recommend a series of amendments to the Vermont Rules of Professional Conduct. The package will be forwarded to the Supreme Court for publication for comment. Rule 1.1 requires lawyers to provide clients with competent representation. Among other things, the … Continue reading Tech Competence: Tips and a Conference