Research Guides : Social Media: Law, Ethics and Current Awareness: Ethics and Rules

ABA Model Rules of Professional Conduct

ABA Rule 1.1: Competence
Maintaining Competence
Comment [8]
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.

Rules Regulating the Florida Bar

Petition to Amend the Rules Regulating the Florida Bar 4-1.1 and 6-10.3 (Technology)
CHAPTER 4 RULES OF PROFESSIONAL CONDUCT SUBCHAPTER 4-1 CLIENT-LAWYER RELATIONSHIP
Rule 4-1.1 COMPETENCE
Explanation: Within the comment, adds that lawyers may need the assistance of nonlawyers with technological competence, that lawyers must safeguard confidentiality of information including electronically stored information, and that lawyers must understand the benefits and risks of technology used.

Social Media Ethics Guidelines New York State

Each state has their own guidelines and some are more developed than others. New York state has one of the more detailed guidelines for social media use by attorneys. Social Media Ethics Guidelines of the Commercial and Federal Litigation Section of the New York Bar Association are a particular thorough review of social media ethical issues. They were updated in June of 2015

States Adopting an Ethical Duty of Technology Competence

SUPREME COURT OF ARKANSAS Maintaining Competence [8] 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.
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I N R E A R K A N S A S B A R
A S S O C I A T I O N P E T I T I O N
PROPOSING AMENDMENTS TO THE
A R K A N S A S R U L E S O F
PROFESSIONAL CONDUCT

Rules of Professional Conduct Maintaining Competence [6] 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.

Rules of Professional Conduct Maintaining Competence. 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.

Colorado Rules of Professional Conduct Maintaining Competence [68] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, and changes in communications and other relevant technologies, engage in continuing study and education, and comply with all continuinglegal education requirements to which the lawyer is subject.

In the Supreme Court of the State of Delaware In accordance with the ABA’s proposals, the Committee has recommended changes to the Delaware Lawyers’ Rules of Professional Conduct relating to technology and confidentiality, prospective clients and advertising, retaining lawyers and outsourcing, conflicts and disclosure. The Committee’s Report does not recommend adoption in Delaware of the ABA proposals relating to practice pending admission and admission by motion. The Court unanimously approves and adopts the recommendations in the Committee’s Report.

Amendments to Rules Regulating the Florida Bar 4-1.1 and 6-10.3 After considering the Bar’s petition, we adopt these straightforward amendments as proposed. The comment to rule 4-1.1 (Competence) is amended to add language providing that competent representation may involve a lawyer’s association with, or retention of, a non-lawyer advisor with established technological competence in the relevant field. Competent representation may also entail safeguarding confidential information related to the representation, including electronic transmissions and communications. Additionally, we add language to the comment providing that, in order to maintain the requisite knowledge and skill, a lawyer should engage in continuing study and education, including an understanding of the risks and benefits associated with the use of technology

Idaho Rules of Professional Conduct Maintaining Competence *[8] 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. (*Section [8] amended 3-17-14 effective 7-1-14)

In the Supreme Court of the State of Illinois

Iowa Rules of Professional Conduct
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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.

Supreme Court of Kentucky

Supreme Judicial Court holden at Boston

State of Minnesota In Supreme Court

Supreme Court of Missouri

Chapter 3: Competence

Rules of Professional Conduct
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(These amendments to the New Hampshire Rules of Professional Conduct
were recommended by the New Hampshire Bar Association Ethics Committee.
They were prompted by recent changes made to the American Bar Association
(“ABA”) Model Rules of Professional Conduct and accompanying comments in
light of advances in technology and global legal practice development. The New
Hampshire Supreme Court does not adopt or amend the ABA Model Rules or ABA
Comments. However, the changes to those texts that have been made by the
ABA are included here to provide context to the amendments to the New
Hampshire Rules. Similarly, the New Hampshire Supreme Court does not adopt
or amend the Ethics Committee comments. The Ethics Committee Comments are
included here to provide context to the amendments to the New Hampshire Rules).

In the Supreme Court of the State of New Mexico Maintaining Competence [6] 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. If a system of peer review has been established, the lawyer should consider making use of it in appropriate circumstances. [Adopted by Supreme Court Order No. 08-8300-29, effective November 3, 2008; as amended by Supreme Court Order No. 13-8300-038, effective December 31, 2013.]

New York Rules of Professional Conduct
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To maintain the requisite knowledge and skill, a lawyer should (i) keep abreast of
changes in substantive and procedural law relevant to the lawyer’s practice, (ii) keep abreast of
the benefits and risks associated with technology the lawyer uses to provide services to clients or
to store or transmit confidential information, and (iii) engage in continuing study and educationand comply

Amendments to the Rules of Professional Conduct of the North Carolina State Bar Maintaining Competence [6][8] 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 the technology relevant to the lawyer’s practice, engage in continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.

Rule 1.1 Competence [5] To maintain the requisite knowledge and skill, a lawyer must 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.

Ohio Rules of Professional Conduct 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.

In the Supreme Court of the State of Kansas

Oklahoma Rules of Professional Conduct To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject, including the benefits and risks associated with relevant technology.

In the Supreme Court of Pennsylvania Technology and Confidentiality (see Annex D) The purpose of the proposed amendments to RPC's 1.0, 1.1, 1.4, 1.6 and 4.4 is to offer guidance to lawyers about their duty to protect confidential information in light of technology changes that have transformed how lawyers communicate with their clients and store confidential information. Paragraph (n) of RPC 1.0 (Terminology) updates the existing definition of a ''writing'' by replacing the word ''e-mail'' with the term ''electronic communications.'' Comment (9) to RPC 1.0, which discusses the mechanism of screening of a disqualified lawyer within a law firm, clarifies that the screened lawyer is to be denied access to ''information in electronic form'' as well as law firm files. Although Comment (6) to RPC 1.1 (Competence) implicitly encompasses a lawyer's duty to remain current with changes in the law and its practice, including the benefits and risks associated with relevant technology, the proposed amendment to Comment (6) makes that duty explicit. Comment (4) to RPC 1.4 (Communication) currently requires a lawyer to promptly return or acknowledge client telephone calls. Technology has overtaken that duty, and the proposed amendment to Comment (4) would require a lawyer to ''promptly respond to or acknowledge client communications.'' New paragraph (d) of RPC 1.6 (Confidentiality of Information), which appears in Annex A, imposes a duty on a lawyer to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. Guidance for applying the text of paragraph (d) would be included in new Comment (25) to RPC 1.6, which also appears in Annex A. That Comment requires a lawyer to act competently to safeguard privileged information against ''unauthorized access by third parties'' and ''inadvertent or unauthorized disclosure by the lawyer.'' The Comment requires that the lawyer make ''reasonable efforts'' to prevent the access or disclosure and provides five factors to be considered in determining the reasonableness of the lawyer's efforts, although those factors are not all-inclusive. Those five factors are: 1) the sensitivity of the information; 2) the likelihood of disclosure if additional safeguards are not employed; 3) the cost of employing additional safeguards; 4) the difficulty of implementing the safeguards; and 5) the extent to which the safeguards adversely affect the lawyer's ability to represent clients (e.g., by making a device or important piece of software excessively difficult to use). The Comment provides that a client may require the lawyer to implement special security measures not required by the Rule and may give informed consent to forgo security measures that would otherwise be required by the Rule. Current paragraph (b) of RPC 4.4 (Respect for Rights of Third Persons) addresses a lawyer's obligation upon receipt of inadvertently disclosed documents. Amendments to paragraph (b) and to Comment (2) to RPC 4.4 make clear that the term ''documents,'' which typically refers to information existing in paper form, includes ''electronically stored information'' such as emails and embedded data, commonly referred to as ''metadata,'' but ''only if the receiving lawyer knows or reasonably should know that the metadata was inadvertently sent to the receiving lawyer.'' Another amendment to Comment (2) defines the phrase ''inadvertently sent,'' as follows: ''when it is accidentally transmitted, such as when an email or letter is misaddressed or a document, including electronically stored information, is accidentally included with information that was intentionally transmitted.'' Interested persons are invited to submit written comments by mail, facsimile, or email regarding the proposed amendments to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, 601 Commonwealth Avenue, Suite 5600, PO Box 62625, Harrisburg, PA 17106-2625, Facsimile number (717-231-3382), Email address Dboard.comments@pacourts.us on or before May 16, 2013.

Rule 8: Rules of Professional Conduct

Rule. 1.1 Competence
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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

RPC 1.1 COMPETENCE [8] 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.

State of West Virginia Maintaining Competence. [8] To maintain the requisite knowledge and skill, a lawyer should must 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. If a system of peer review has been established, the lawyer should consider making use of it in appropriate circumstances.

Supreme Court of Wisconsin 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.

In the Supreme Court State of Wyoming Maintaining Competence [6] 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.

Amendments to Rules Regulating the Florida Bar

States with Competency Requirements

Social Media: What Lawyers Need to Know
A Slideshare Presentation by
Joshua Lenon - Clio
Kemp Edmonds- Hootsuite

ABA Formal Opinions - Social Media

Florida Bar Opinions - Social Media

Proposed Advisory Opinion 14-1 (June 25, 2015)

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