ABA Applies Professional Rules of Responsibility to Technology

The American Bar Association’s (ABA) House of Delegates, at its recent annual meeting in Chicago, approved recommendations that amend the ABA’s Model Rules of Profession Conduct.  Resolution 105A amended Model Rules 1, 1.4, 1.6, and 4.4 regarding the use of technology  and confidentiality while Resolution 105B , concerned with technology and client development, changed Model Rules 1.18, 5.5, 7.1,  and 7.2.

Monica Bay, editor-in-chief, of Law Technology News interviewed Michael Arkfeld of Arkfeld and Associates and John Barkett, a partner at Shook, Hardy & Bacon, about the proposed changes shortly before the delegates voted.  The interview was podcast on Legal Talk Network.

Robert J. Ambrogi succinctly summarized the changes with 10 tips that include:

“*  Remember that the same rules apply;

*  Do not betray client confidences;

*  Avoid inadvertently forming attorney-client relationships;

*  Do not solicit;

*  Steer clear of unauthorized practice;

*  Understand the rules on recommendations;

*  Remember the rule on trial publicity;

*  Make no false or misleading statements;

*  Become competent in technology and social media ; and

*  Use common sense.”

Hat Tip:  Law Technology News, American Bar Association 

About Lisa Smith-Butler

Associate Professor of Law Charleston School of Law 385 Meeting St., Suite 322B Charleston, S.C. 29403 843.377.2144
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