"Purposefully Vague" or Problematic? Why Lawyers Must Define the Duty of Tech Competence

As technology rapidly evolves, the lack of a clear, standardized definition for this duty creates uncertainty and potential risks for legal practitioners. The author argues that the broad, vague language currently used in professional guidelines is inadequate and may lead to inconsistent application and enforcement. By analyzing recent case law and regulatory trends, the article advocates for a more precise definition that balances flexibility with clear standards. Ultimately, it emphasizes the need for the legal field to proactively address these issues to ensure effective and ethical legal practice in a tech-driven world.

Publication Details

Journal
ThinkTech (Texas Tech University)
Published
2024-09-09
Primary Topic
Business Law and Ethics
Type
article
Field-Weighted Citation Impact
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article

"Purposefully Vague" or Problematic? Why Lawyers Must Define the Duty of Tech Competence

ThinkTech (Texas Tech University)
Business Law and Ethics
article

"Purposefully Vague" or Problematic? Why Lawyers Must Define the Duty of Tech Competence

article en

Abstract

As technology rapidly evolves, the lack of a clear, standardized definition for this duty creates uncertainty and potential risks for legal practitioners. The author argues that the broad, vague language currently used in professional guidelines is inadequate and may lead to inconsistent application and enforcement. By analyzing recent case law and regulatory trends, the article advocates for a more precise definition that balances flexibility with clear standards. Ultimately, it emphasizes the need for the legal field to proactively address these issues to ensure effective and ethical legal practice in a tech-driven world.

ThinkTech (Texas Tech University)
Peace, Justice and strong institutions
Openalex Percentile: Top 35%
Business Law and Ethics
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"Purposefully Vague" or Problematic? Why Lawyers Must Define the Duty of Tech Competence · ThinkTech (Texas Tech University) (2024) | TGRS Research Map | TGRS