ABA Model Rule of Professional Conduct 1.1, Comment [8] (technological competence)
American Bar Association · Current text of Comment [8] as published by the ABA and verified on 2026-09-12
Access and status
Cost
Free
Free to read or download at source. No account, no purchase.
Status
Current
Current as at the verification date below. Standards and tools both move — confirm at source before you rely on it.
What it is
The comment on maintaining competence, which provides that 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 applicable CLE requirements.
Who it is for, and when
This is the hook for the proposition that a litigator handling ESI has to understand enough of the technology to supervise it, and it is the provision most often cited when a lawyer's handling of electronic evidence is criticised. Read it before deciding you can delegate a forensic question entirely to a vendor. Examiners should know it exists because it explains why counsel will ask them to explain rather than merely conclude.
What it does not cover
It is a comment to a model rule: it is not law anywhere until a jurisdiction adopts it, adoption and wording vary by state, and it sets no standard of what technological competence actually requires. It creates no cause of action and says nothing about a non-lawyer expert's obligations.
Go to the source
Open at americanbar.org (opens in a new tab)https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/comment_on_rule_1_1/
Details
- Type
- Standard or guidance
- Written for
- Lawyers and courtsWorking examinerLawyers and courts, Working examiner
- Publisher
- American Bar Association
- Version verified
- Current text of Comment [8] as published by the ABA and verified on 2026-09-12
- Topics
- ethics, ediscovery, legal-admissibility
- Checked at source
- Standards are revised. Confirm the current revision with the publisher before citing this.
Related entries
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