Comment 8 to Model Rule 1.1 provides that maintaining competence requires keeping abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. Most states have adopted it.
Applied to AI, it means a lawyer must understand enough about a tool's capabilities, limitations, and data handling to use it appropriately, without needing to understand the underlying model architecture.
Alternative Names:
Technology Competence, Comment 8 Duty
Why it Matters?
This duty is the doctrinal foundation for every AI ethics obligation that follows. A lawyer who does not understand that a general-purpose model can fabricate citations cannot satisfy the duty of candor, and one who does not understand where a tool sends data cannot satisfy confidentiality. Firms increasingly document AI training as evidence of compliance with this duty.
Frequently Confused with
Related terms
Frequently asked questions
Does competence require understanding how a model works technically?
How do firms demonstrate technology competence?
