It has been a year since I have reported on a state adopting the duty of technology competence for lawyers, but now there is another: Hawaiʻi, bringing the total number of states that have adopted the duty to 40.
Effective Jan. 1, 2022, the state’s Rules of Professional Conduct were amended to revise Comment 6 to Rule 1.1, pertaining to competence, to add the duty of technology competence. The comment now reads:
Maintaining Competence
To maintain the requisite knowledge and skill, a lawyer should engage in continuing study and education and keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. See comments [18] and [19] of Rule 1.6.
[See my Tech Competence page where I track the states that have adopted this duty.]
The Hawai‘i Supreme Court adopted the revision by order dated Aug. 18, 2021, effective Jan. 1, 2022. The order also amended Rule 5.3,
