Attorneys approach technology in drastically different ways. Some are eager to incorporate the latest programs or software into their practice. Others may use their smartphones as part of their practice—for things like email and texting or calling other members of the firm, clients or opposing counsel—but may rely on other staff to help them navigate the complexities of cloud computing or e-discovery. And still other attorneys may shun advancements in technology altogether, preferring instead to practice with the tools they have always used, even if they have been commonly replaced with more secure or efficient alternatives.

For attorneys that fall into that final category, turning a blind eye to evolving technology could create risk. Comment 1 to California Rule of Professional Conduct 1.1 provides that a lawyer’s duty of competence “include[s] the duty to keep abreast of the changes in the law and its practice, including the benefits and risks associated with relevant technology.”