Law Practice Essentials

Lawyers are required to maintain technological competence (Rule 3.1-2 of the Code of Conduct, Commentary [5] and [6]). They should understand the technology they use in their practices and should understand its risks and benefits. Lawyers also have an obligation to supervise employees or consultants to ensure they maintain technological competence.  

The duty of technological competence is related to functions such as:

• conducting legal research;
• communicating with clients;
• maintaining the continuity of a practice in the face of interruptions; and
• maintaining privilege and confidentiality.

It is your responsibility to ensure that employees are technologically competent and ethically responsible. Protection of confidentiality is the legal profession’s most basic obligation and must always be top of mind. It is up to you to ensure that all employees using technology can do so while protecting confidentiality.

For more information, see the Law Society’s announcement on Code of Conduct Changes (February 27, 2020).