Supreme Court Orders Amendment to Disciplinary Rule Following State Bar Committee’s Resolution

On February 28, the Texas Supreme Court issued an order to amend comment language in the Texas Disciplinary Rules of Professional Conduct. The language recognizes the requirement for technical competency in Texas attorneys, in light of the increasing dependency on technology in attorney-client relations.

The order is in part based on a Joint Resolution drafted by the CLE-PDP committee of the State Bar in April of 2018, which was edited by esteemed Judge Xavier Rodriguez, also a volunteer author for TexasBarBooks.

According to Judge Rodriguez, “Lawyers need to understand how their clients’ data may be compromised; litigators need to appreciate where relevant data may exist, implement litigation holds, and appreciate the costs and benefits of preserving and producing this data. Data privacy laws are now in effect overseas, and many states are legislating in this area. This amendment to Rule 1.01, comment 8, recognizes these challenges now facing practitioners.”

Thank you to Judge Rodriguez and everyone else involved for advancing the important matter of technical competency in Texas attorneys!

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