Why Technology Competence Matters for Lawyers
Leah Molatseli
Lawyer | American Bar Association Women of Legal Tech Honouree ITop 50 African Individuals Leading in Legal Innovation| Legal Tech | Speaker I Author| CLOC Voice & Brand Council Member I Schmidt Futures ISF Africa Fellow
In today’s fast-paced, tech-driven world, the legal profession is undergoing significant change. From virtual hearings to AI-powered legal research, technology is reshaping how lawyers deliver services. This transformation has given rise to the duty of technology competence, an ethical obligation for lawyers to understand and use technology effectively to better serve their clients.
But why does technology competence matter?
A Competitive Edge in Modern Legal Practice
Technology is more than a tool; it’s a competitive advantage. Here’s how it impacts the legal profession:
1. Efficiency and Cost Savings: Tools like case management software, document automation, and e-discovery platforms save time and reduce costs, enabling lawyers to focus on strategy and advocacy.
2. Accuracy and Precision: Advanced tools minimize errors in tasks like contract review, improving outcomes for clients.
3. Client Expectations: Today’s clients demand tech-savvy legal services that align with the speed and efficiency of modern business.
For lawyers, failing to adopt relevant technologies can lead to lost opportunities and dissatisfied clients.
Ethical and Regulatory Frameworks
South Africa
While South Africa hasn’t explicitly codified the duty of technology competence, local practitioners feel increasing pressure to modernize. Courts are adopting e-filing systems, and cybersecurity threats highlight the need for robust tech safeguards to protect client data.
The Legal Practice Council emphasizes that lawyers must act “competently and diligently” in their work—a standard that implicitly includes understanding technology’s role in legal practice.
United States
The American Bar Association (ABA) updated [Model Rule 1.1] in 2012 to state that lawyers must stay informed about “the benefits and risks associated with relevant technology.” Today, over 40 states have adopted this rule, making it clear that technology competence is a core part of professional responsibility.
Australia
In Australia, the Solicitors’ Conduct Rules require lawyers to provide services competently and diligently. Increasingly, this includes understanding and using technology effectively to meet client needs.
Why Technology Competence Matters
1. Client Trust and Satisfaction
Clients expect lawyers to protect their sensitive information and deliver efficient, cost-effective services. Technology plays a key role in meeting these expectations.
2. Cybersecurity Risks
As the profession becomes more digital, lawyers must safeguard client data against growing cyber threats. Tools like encrypted communication platforms and multi-factor authentication are essential.
3. Stronger Advocacy
Technology enables lawyers to analyze data, predict case outcomes, and present evidence more effectively. Platforms like LexisNexis offer insights that enhance case strategy.
4. Staying Relevant
Courts and regulators are adopting digital processes, such as e-discovery and virtual hearings. Lawyers who lack tech competence risk falling behind, potentially compromising their clients’ interests.
Embracing the Duty of Technology Competence
To meet this obligation, lawyers can:
Technology competence isn’t just about keeping up with trends; it’s about redefining what it means to provide excellent legal services. Lawyers who embrace this duty position themselves as leaders in the modern legal landscape, delivering greater value to their clients while future-proofing their practice.
The future of law is digital—and it is here NOW.
I am always keen to hear feedback should we have a compulsory tech competency requirement in South Africa or Africa for lawyers?
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3 小时前Absolutely agree that technology competence is no longer just an option but a necessity for lawyers in today’s digital age. It’s interesting to see how countries like the U.S. and Australia have already embraced this duty, and I think South Africa is moving in the right direction with courts adopting e-filing and recognizing the importance of cybersecurity. With increasing client expectations and the growing digital nature of legal processes, it's crucial for lawyers to stay ahead of the curve to remain competitive and deliver high-quality service. A compulsory tech competency requirement could definitely help standardize practices and ensure clients receive the best protection and service possible.