Excerpt:
“After several years of work, in May 2012, the American Bar Association Commission on Ethics 20/20 (‘Ethics 20/20’) presented proposals for updating the Model Rules of Professional Conduct (‘Model Rules’) ‘to keep pace with social change and the evolution of law practice.’ The American Bar Association (‘ABA’) created Ethics 20/20 in 2009 ‘to tackle the ethical and regulatory challenges and opportunities arising from these 21st century realities.’ Ethics 20/20 specifically addressed technology in its 2012 recommendations, since technology ‘affects nearly every aspect of legal work.’ One area examined by Ethics 20/20 was the impact of technology on confidentiality, because ‘technology has transformed how lawyers communicate with their clients and store their clients’ confidences.’ A second area examined was the interplay between technology and client development, because ‘[t]echnology is changing the way that clients find lawyers.’ To modernize the Model Rules, as well as clarify and expand upon their principles, Ethics 20/20 suggested changes related to technology that focused on confidentiality and the marketing of legal services. With these changes, Ethics 20/20 sought ‘to address the needs of clients and lawyers in a technology-driven global economy while protecting the public and our system of justice.’ The ABA warmly received the proposals for Model Rule changes in both of these categories. To this end, on August 6, 2012, the ABA House of Delegates approved these recommendations by a unanimous vote.”
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