Staying current with technology is included in comment eight of 1.1 competence rule. In other words, everyone, I think, is familiar with the 1.1 competence rule of professional conduct that says a lawyer shall provide competent representation to the client. Commenting to that rule 1.1 says to maintain the relevant knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including benefits and risks associated with relevant technology. 

A lot of the issues that come up today that I see are either lawyers’ use of technology as far as utilizing Facebook, Twitter and things like that in their own practice, as well as advising a client as to their use of technology. And there is a pretty good ethics PBA opinion that describes the lawyer’s role with regard to technology and the lawyer’s role in the use of technology on behalf of the lawyer and also representing the client and advising the client on the use of technology.

Meet Scott Eberle

Scott Eberle is on several insurance carriers defense panels. He’s been doing this type of work for many years. In my opinion, he’s one of the best presenters of legal malpractice and how to prevent it. So I think you’re in for a treat in terms of taking back some good information that you can implement in your firms.

“My name is Scott Eberle, I am an attorney at Burns White in Pittsburgh where my practice focuses on representation of professionals, lawsuits and ethics matters. I’m focused on representation of lawyers in legal malpractice lawsuits, as well as ethics issues either in front of the office of disciplinary Council, or just general ethics consultation. I help attorneys navigate the issues that come up in their practice and I’m able to provide guidance on what you need to do to follow the rules of professional conduct to not get yourself in potential trouble with the disciplinary council.”