Comment 8 to Rule 1.1
Rule 1.1 of the Model Rules of Professional Conduct addresses an attorney's duty of competency. It reads in full that, "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." The question for us is how much knowledge and skill in legal technology is required.
Comment 8 to Rule 1.1 states that, "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."
20 different states have adopted this comment to Rule 1.1, including New York.