Consilio Advanced Learning Institute

ED101 – The Evolving Duty of Technology Competence

practice guide


In discovery specifically, and in legal practice generally, the role of electronically-stored information (ESI) and new technology has grown exponentially over the past decade, as new sources have proliferated, new tools have become normalized, and new communication channels have supplanted the old. As a result, it has become a practical reality that effective legal practice and effective discovery requires some level of technology literacy and competence. Since 2012, that practical reality has been slowly transforming into a formal requirement as more than three quarters of state bars have incorporated some form of technology competence requirement into their professional conduct rules. In this free Practice Guide, Consilio Director of Education Matthew Verga, Esq., reviews the ABA Model Rule change, discusses state variations on that model, and uses California’s approach as a guide to the duty of technology competence for eDiscovery.

In this Practice Guide

  • ABA Model Rule Change
  • State Adoption and Variations
  • The California Approach

Key Insights

  • The Nine Core Competencies to Fulfill the Duty
  • The Critical Importance of Identification and Preservation
  • The Role of Relevant Experts in Fulfilling the Duty

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