Attorneys are increasingly required to demonstrate technological proficiency in addition to remaining current on the law and legal practice. It’s not just a skill requirement but an ethical one, too, as states continue to adopt new rules. The challenge for attorneys, judges, and the rule makers is that technology is generally evolving faster than they can keep up. This creates grey areas and blind spots that pose risks to busy litigators with already full plates and hectic schedules.

In 2012 the American Bar Association amended Comment 8 to Model Rule of Professional Conduct 1.1 (Lawyers Duty of Competence) to address technology competency. “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.” Most states (40) have rules addressing technology competence among attorneys.

Daniel Gold is the Managing Director of BDO's E-Discovery Managed Services practice group and the creator of BDO's Athenagy™, the only patent pending business intelligence solution in the world that created a Common Data Model and data driven insights fueled by both M365 E5 Compliance Suite’s Microsoft Advanced E-Discovery and RelativityOne. Daniel has nearly 20 years of experience in the legal space. As a practicing lawyer, he identified that by harnessing new forms of legal technology, both lawyers and legal professionals could be vastly more productive. This realization led him to the legal service provider space and with it, came years of success at consulting with some of the largest corporate law departments and law firms across the country.

This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.

Technology Ethics for Lawyers with Daniel Gold