We need to take a broader view of what it means to educate existing attorneys. It’s time that we reform the ethics rules to include language that gives more direction to attorneys on what type of activity will make them better lawyers.
In that regard it’s critical that we add language to the commentary that encourages lawyers to stay engaged with new technology like social media. Platforms that started out as purely “social networking” are quickly becoming a critical part of the overall practice of law. The simple fact is that they’re not going anywhere– they’re just going to increase in prominence.
If something is critical to the practice of law, then the ethics rules should encourage engagement with that subject matter. Technology is a perfect example– you simply can not remain a competent attorney if you let the technological world pass you by. Heck, no one would be considered “competent” if they couldn’t operate a mouse or send an e-mail.
The ethics rules should encourage attorneys to engage in activity that we want to promote. The code is always going to be list of what we can’t do, but a more complete code will also act as a guide for preferred behavior. Let’s get a reference to technology in there!