But everything changed with the advent of the internet. Thanks to the Internet, knowledge is available at the reach of a “click”. Technology has been transforming the way of practicing law.
One of the questions that may arise is whether the use of technology is a right or is there some kind of obligation for legal professionals to be at the forefront of technological issues. We can also ask ourselves if legal professionals – in any of our professional practice modalities – should put such tools at the service of our clients, the governed, students, etc.
There is a great gap in Mexican law on this subject. For starters, there is no compulsory membership. Membership in Colleges, Bars or institutions that bring together legal professionals are, for example, voluntary or by invitation. In this way, the codes of ethics that govern them are often circumvented by renouncing membership in the respective institution.
On the other hand, the interaction between technology and law has been attracting very important attention in Mexico relatively recently. However, in other jurisdictions, for example, in the United States of America, the issue has been addressed beforehand and invites reflection. The American Bar Association has published for decades the ABA Model Rules of Professional Conduct (“ABA Model Rules”) that have served as a model of ethical rules for other jurisdictions. Within the structure of the ABA there is a committee that issues opinions and interpretations of these rules.
Rule 1.1 of the ABA Model Rules establishes rules of “competence” in the attorney-client relationship, and, in particular, on the knowledge and skills necessary to practice the profession. In 2012, an institutional comment was made to emphasize the rule that lawyers must become and remain competent. And the most important part: to stay competent and “cIn keeping with the knowledge and skill requirement, a lawyer must keep abreast of changes in the law and his or her practice., INCLUDING THE BENEFITS AND RISKS ASSOCIATED WITH RELEVANT TECHNOLOGYE…”. Currently, more than 40 states of the American Union have adopted this rule in their state codes of professional ethics.