September 2012

As a result of the ABA's recent actions, lawyers have a duty to stay current on technology's risks and benefits, and to ensure that they engage make reasonable efforts to protect client confidences in use of technology. Specifically, the ABA House of Delegates recently approved changes to the Model Rules of Professional Conduct relating to lawyers' use of technology. Among the changes to the Model Rules of Professional Conduct were changes to Model Rule 1.6, which relates to a lawyer's obligation to keep information relating to representation of a client confidential. Likewise, the changes to the Model Rules of Professional Conduct modify the competency rule (Rule 1.1) by imposing obligations upon lawyers to stay current on technology. The changes to the Model Rules also address a lawyer's obligation with respect to metadata. Finally, the changes to the Model Rules clarify a lawyer's obligation when using outsourced legal services, when using the internet or other technology for marketing or solicitation, and when a lawyer is moving from one firm to another.

Mr. Rothrock and Mr. Rackham will discuss some of these changes, what impact they may have on lawyers practicing in Colorado, and how lawyers can ensure that they are in compliance with the new amendments to the Model Rules.