Office of Bar Counsel

• Publication year: 2021
• Pages: 10

Office of Bar Counsel No. Vol. 44 No. 3 Pg. 10 Wyoming Bar Journal June, 2021

The Good, the Bad and the Ugly: Understanding the Benefits and Risks Associated With Relevant Technology

Melinda S. McCorkle, Wyoming State Bar Office of Bar Counsel Cheyenne, Wyoming

Whether we call it "Groundhog's Day," "Blursday," or a "COVID-void," we have spent the past 15 months in a changed but monotonous world. There is finally, hopefully, a light at the end of the tunnel. Consequently, many of us are weary of hearing the word "COVID,"let alone discussing the impact of COVID. That is a mistake. There are legions of studies and articles about the mental health impact of COVID. Alcohol consumption has increased. Women have increased their heavy drinking days^[1] by 41% compared to before the pandemic.^[2] And let's not forget the "Zoom effect." While lawyers are accustomed to having conversations with clients, taking and defending depositions, and participating in hearings, we are not in the habit of looking at ourselves while engaging in these activities. Hence the Zoom effect, which has led to a vast increase in plastic surgery. For example, injectable procedures such as Botox and fillers increased by 90 percent compared with the same period last year at the Advanced Cosmetic Surgery & Laser Center in Cincinnati.^[3]

Just as COVID has caused or magnified problems in our daily lives, it has brought a preexisting, but often ignored, Rule of Professional Conduct to the forefront. Rule 1.1 (Competence) requires that an attorney "provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." This straightforward rule personifies something that we all strive for anyway - be prepared and know the law. However, in 2012, the American Bar Association added a comment to Rule 1.1 that expands the scope of Rule 1.1 to include "keep[ing] abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology__" (emphasis added). Since then, 39 states, including Wyoming^[4], have adopted this comment or a variation thereof.^[5]

In March 2020, lawyers and courts were thrust into a world of virtual meetings, depositions and hearings. Courts, clients and opposing counsel were suddenly required to use virtual platforms such as Zoom, Microsoft Teams, Google Meet, etc. Without these platforms, the legal system would...