Can being a Luddite expose a lawyer to discipline? Maybe, said ABA members at a program during its annual meeting in Boston, pointing to a recent revision to the ABA's Model Rules as the culprit.
In 2012, the ABA modified Comment 8 to Rule 1.1 (that "a lawyer shall provide competent representation to the client") to require lawyers to "keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology" (emphasis added).
Andrew Perlman, the Ethics 20/20 Commission's reporter (and a professor at Suffolk University Law School) emphasized reasonableness as the standard: "You don't have to be paranoid. No one is expecting you to be perfect." But what is reasonable when it comes to lawyers understanding technology?