June 24, 2025


Puerto Rico Sets New Standard for Technological Competence in Legal Sector

Last week, a significant development unfolded as the Puerto Rico Supreme Court unveiled a robust definition of technological competence for lawyers, surpassing the standards set by approximately 40 U.S. states. The new Puerto Rican rules not only redefine competence but emphasize its critical importance in the legal profession.

For years, states have adhered to the American Bar Association’s Model Competency Rule, which advises lawyers to stay informed about the risks and benefits of relevant technology. However, this guidance, crafted in 2012—a less tech-driven era—suffers from vague language and lacks enforceability as it is merely a comment, not a mandate.

In contrast, the Puerto Rico Supreme Court’s rule is assertive and clear. It mandates that lawyers "must acquire the necessary skills and maintain a reasonable knowledge of technological developments" affecting legal practice. This includes a proactive duty to use technology diligently, understanding its benefits and risks, to ensure competent and effective service. Notably, the rule uses the imperative "must" and focuses on reasonableness rather than relevance, setting a higher bar for legal practitioners.

The commentary accompanying the Puerto Rican rule describes technology as an "indispensable tool" and highlights the dynamic nature of tech in legal practice. It stresses the importance of understanding a tool's capabilities and maintaining independent judgment, shaping a more rigorous framework for legal professionals.

This shift comes at a crucial time when the integration of technology, especially artificial intelligence, is reshaping the legal landscape. The traditional time-based billing model is under scrutiny as AI capabilities significantly reduce the time required for many legal tasks. Puerto Rico's rule not only addresses technological competence but also challenges the existing billing practices by emphasizing the ethical necessity to bill only for time actually spent on a matter.

As the legal profession continues to evolve, the Puerto Rican rule serves as a compelling model for others to follow. It not only raises the standard for technological competence but also aligns ethical and business practices with the realities of today's tech-driven world.

The importance of this development cannot be understated as it sets a precedent that could influence future legal standards globally. As we move forward, it is clear that understanding and integrating technology in legal practice is no longer optional but essential for ethical and effective legal representation.

**About the Author** Stephen Embry is a respected lawyer, speaker, and writer known for his insights at the intersection of technology and legal practice. He is the publisher of TechLaw Crossroads, a blog that explores the challenges and innovations at this critical junction.