It is now relatively uncontroversial that lawyers should be technologically competent. A duty of technological competence has been included in the American Bar Association’s Model Rules of Professional Conduct since 2012 and has subsequently been adopted in 36 states. Here, in Canada, a similar duty is under active consideration by the Federation of Law Societies of Canada for inclusion in their Model Code.
Much less has been said and done in relation to judicial technological competence; it’s time for this to change.
To be sure, the proposition that judges need to understand technology is not an entirely new . . . [more]