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August 16, 2015

Massachusetts adopts new disciplinary rules addressing lawyers maintaining confidentiality when using new technologies in the practice of law


Massachusettsadopts new disciplinary rules addressing lawyers maintaining confidentiality when using new technologies in the practice of law
Source: The Daily Record, Rochester, New York

Nicole Black, Esq., writing in the Daily Record, notes that technological change has increased dramatically in recent years, making it difficult for lawyers to keep abreast of new developments.

Ms. Black reports that on July 1, 2015 the revised Massachusetts Rules of Professional Conduct became effective. These new rules included revisions to sections addressing the obligation to maintain the confidentiality of client information when using new technologies and the duty to stay abreast of changes in technology.

In particular, Ms. Black notes that “Comment 8 to Rule 1.1, which addresses the duty of competence, was revised to require lawyers to stay abreast of changes in technology. It now states that ‘(t)o 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, and engage in continuing study and education.’”

Ms. Black’s article is posted on the Internet at:

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