Litigation Technology Competence State Law Survey

Summary

This state law survey summarizes whether or not each of the 50 states and the District of Columbia have formally adopted Comment 8 to Model Rule 1.1 of the Model Rules of Professional Conduct concerning litigation technology competence and identifies the applicable rules, where appropriate. With limited exceptions, 40 states have adopted the duty of technology competence. Given the recent explosion of Artificial Intelligence (AI) tools available to litigators, understanding one's duty of technology competence and maintaining that standard in this rapidly changing landscape is even more important.