D.C. Includes Ethical Duty of Technology Competence — and Adds a Twist
(a 2-minute read that is worth your while)
Are you an attorney that is licensed to practice law in the District of Columbia? If so, heads up – on April 7, 2025, the District of Columbia Bar approved a change that incorporated technology within the meaning of competent lawyering. It joined what is now 40 states that added knowledge of technology to Model Rule 1.1, which defines competency to practice law. Unlike the other states, however, the D.C. Bar inserted their language under Comment 5, pertaining to thoroughness and preparation. Here is the text of the new language:
Thoroughness and Preparation
Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods, procedures, and technology meeting the standards of competent practitioners. It also includes adequate preparation and continuing attention to the needs of the representation to assure that there is no neglect of such needs. The required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily require more elaborate treatment than matters of lessor consequences.
The explanation given to the D. C. Court of Appeals in the D.C. Bar’s 2020 report is as follows:
“The Committee recommends that adding the words ‘procedures, and technology’ to existing D.C. Rule 1.1, Comment [5] would sufficiently address competence in keeping abreast of technological changes, i.e., cloud computing, as well as the requirement of certain courts to use technologies such as e-discovery and e-filing,”
The bottom line here is that while the definition of “competency” includes a working knowledge of legal technology, the D.C. Bar goes further in stating that knowledge needs to be applied to a lawyer’s competent handling of “a particular matter.”
There is no excuse for ignorance or improper use of programs, applications or services when it comes to providing legal services to your clients.
- That includes using programs in ways they were never meant to do (such as hand-typing legal documents by overwriting the last client’s name with new ones instead of using templates with merge features).
- Using Word or Excel to produce invoices and other documents containing math errors.
- Lack of knowledge of how to use existing programs, cloud applications and services.
- Lack of firm workflows and standard operating policies, or the knowledge thereof.
- Inadequate security for client-sensitive documents and files.
- Inadequate knowledge regarding e-discovery and e-filing.
Having the right programs, training your staff, and establishing policies and workflows are not luxuries. They are proactive solutions to ensure your practice is following Bar standards. We provide needs analysis services, recommendations, training and support for firms in these areas and are here to assist you. You are welcome to call us at 202-466-3740 or contact us on our website, https://bsi-dc.com/contact/.
See also:
The court’s full order: NoR-284_24-ORDER_Adopting-Proposed-Changes-to-DC-Rules-of-Professional-Conduct_04-2025.
Dana Riel is President and Founder of Business Solutions, Inc., serving the Washington, D.C. metropolitan area since 1985. Her firm is the authorized training center for the region for Time Matters and PCLaw by PCLaw|Time Matters, PLLC; Timeslips and Sage 50 Accounting by Sage Software; and QuickBooks by Intuit Corporation. She also serves as a consultant for Caret Legal (formerly known as Zola Suite), CosmoLex, Soluno & TimeSolv. As a trainer, Dana has provided training services to organizations such as the DOD Defense Logistics Agency, Judge Advocate General’s Office (JAG)/Department of the Navy, University of the District of Columbia School of Law, U.S. Department of Commerce and the U.S. Department of Veterans Affairs, as well as with small‐ to mid‐size law firms in the Baltimore‐Washington D.C. area. In 2009, she participated in the series of day‐long seminars sponsored by the District of Columbia Bar Association Practice Management Section, titled “Basic Training: Learn About Running a Law Office”. Ms. Riel also served as an Adjunct Professor in Georgetown University’s Paralegal Studies Program, having taught the course, “Legal Ethics/Legal Technology” in 2009; and “Legal Technology” for the Spring and Summer Semesters of 2010.