Technology

Technology Competence For Lawyers: How Bar Associations Are Stepping Up

What would you expect from your local bar association's technology and law practice committee?

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I often hear lawyers gripe about bar associations, asserting that they serve no real purpose in today’s world. It’s true that the legal landscape has changed dramatically over the last decade and keeping up with the rapid pace of change has been a challenge for many bar associations, particularly local ones. Some remain stagnant, clinging to outdated customs and services of year’s past. But others are making efforts to change with the times and need your input to assist them in doing so. More on that at the end of this column.

But first, let’s examine why it’s imperative for bar association leaders to have a thorough understanding of the forces that are reshaping the legal industry and, in turn, affecting the needs of the lawyers that they serve. One of the most obvious trends affecting the practice of law and the delivery of legal services is rapid technological advancements. Because technology is increasingly impacting the legal industry, the technology competence of lawyers is an issue that has been front and center in recent years.

My fellow Above the Law columnist Bob Ambrogi recently noted on his LawSites blog that the number of jurisdictions requiring technology competence from attorneys is now up to 28. He explained that Nebraska recently joined the ranks by amending the comments to its ethics rules to include the following language, which is modeled after the ABA’s comment to Model Rule 1.1:

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.

As each jurisdiction rolls out this amendment, there is increasing pressure on lawyers to stay updated on technology changes. This added task can be challenging given their already hectic schedules and continuous obligation to maintain competence in their practice areas, all while managing busy law practices.

Fortunately, bar associations at the national, state, and local levels are stepping up to the plate to help lawyers meet their ethical obligation to stay abreast of technological advancements. For example, my state bar association is doing its part: New York State Bar President Claire P. Gutekunst and President-elect of the New York State Bar Association, Sharon Stern Gerstman, jointly announced the launch of the newly formed Committee on Technology and the Legal Profession in May of this year. This Committee is chaired by tech-savvy Mark Berman, a Manhattan-based litigation attorney who helped to write the original and updated Social Media Ethics Guidelines released by the Commercial and Federal Litigation Section of the New York State Bar Association, which I wrote about in May.

The mission of the NYSBA’s technology committee is to:

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  • Identify ways attorneys can use technology to enhance their practice;
  • Assist attorneys in achieving “reasonable technological competence” in all areas of their practice;
  • Enhance protection of the public by developing and recommending regulations and best practices for legal service technology providers; and
  • Explore ways that new technologies might bridge the “justice gap” and provide better access to courts and legal service to individuals who cannot afford lawyers.

Similarly, my local bar association, the Monroe County Bar Association, launched a new Committee dedicated to educating lawyers about technology and how it can be used to further their practices and increase access to justice — and I’ve agreed to chair it.

The Committee on Technology and Law Practice was the brainchild of the MCBA’s recently hired Executive Director, Kevin Ryan, whom I wrote about in April 2016, right after he began his tenure at the MCBA. As I noted at the time, I was impressed by Kevin’s in-depth understanding of technology’s impact on the practice of law and his forward-thinking nature, so I wasn’t surprised when he spearheaded the creation of this MCBA committee (nor was I surprised to learn that he was invited to be one of the 17 inaugural members of the NYSBA’s Committee on Technology and the Legal Profession, discussed above).

Now that I’m the chair of the MCBA’s technology committee, I’m tasked with helping Rochester attorneys to better understand how — and why — to use technology in their law practices.

This brings me to the challenge I posed at the beginning of this column: I need your input. What would you expect from your local bar association’s technology and law practice committee? What resources and tools could be provided to help you to: 1) increase your technology competence and 2) use technology wisely in your law practice? How can a committee of this type have the most impact, whether it’s CLEs, monthly speakers, a newsletter, a listserv or online forum, or an idea I’ve not yet seen or thought of?

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I would greatly appreciate your feedback, whether it’s based on useful resources already provided by your local bar association or ideas you have about what you wish was available to you. Please email your thoughts to me at niki.black@mycase.com or share them with me on Twitter: @nikiblack. Thanks in advance for your willingness to help me do my part in making technology more accessible and understandable for lawyers.

Niki BlackNicole Black is a Rochester, New York attorney and the Legal Technology Evangelist at MyCase, web-based law practice management software. She’s been blogging since 2005, has written a weekly column for the Daily Record since 2007, is the author of Cloud Computing for Lawyers, co-authors Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York. She’s easily distracted by the potential of bright and shiny tech gadgets, along with good food and wine. You can follow her on Twitter @nikiblack and she can be reached at niki.black@mycase.com.

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