Attorneys run the gamut in adopting technologies, from those who eagerly embrace and utilize new technologies, to those who tend to fear them. Changes in technology create opportunities for growth and efficiency, and create pitfalls for the unwary practitioner. As the pace of technological change increases, the risks and benefits of relevant technologies increase as well.
The amendments to the Federal Rules of Civil Procedure that specifically permitted e-discovery are eight years old. The courts have seen the first legal malpractice actions based upon e-discovery and electronic data, and the Pennsylvania Rules of Professional Conduct were amended to specifically include a requirement of technological competency. Attorneys around the country have faced sanctions and ethical discipline for technology-based reasons.
