The legal landscape in Puerto Rico is undergoing a notable shift with the recent adoption of a distinct rule regarding the duty of technological competence for lawyers, diverging from the American Bar Association’s (ABA) Model Rules of Professional Conduct. Unlike the 40 U.S. states that have implemented this duty through a comment—specifically Comment 8 to Rule 1.1—Puerto Rico has established a standalone rule. This new rule, recognized as Rule 1.19, focuses specifically on “Technological Competence and Diligence”.
This development stems from a broader initiative by the Puerto Rico Supreme Court, which culminated in the approval of an entirely revised set of Rules of Professional Conduct. These rules are modeled closely on the ABA’s framework and aim to replace an ethical code that has been in place since 1970. The new rules are set to take effect on January 1, 2026, marking a significant evolution in the jurisdiction’s legal ethics landscape as detailed in a report by LawNext.
The newly enacted Rule 1.19 stipulates that attorneys in Puerto Rico must not only be competent in their technological capabilities but also exercise diligence in their use of technology. According to the rule, legal professionals are required to have a “reasonable knowledge of technological developments” that influence their practice, ensuring both technological competence and an awareness of its inherent risks and benefits.
Supporting comments to Rule 1.19 outline specific obligations, indicating that technological competence should encompass a lawyer’s understanding of various digital tools and platforms used in legal practice, ranging from cloud storage and electronic discovery to artificial intelligence. Additionally, the rule emphasizes the importance of maintaining independent professional judgment and the need to supervise the use of these technologies within legal settings responsibly.
The Puerto Rico Bar Association, through leaders such as former president Manuel Quilichini, has been instrumental in advocating for this more explicit rule, distinct from the ABA’s approach of incorporating technological competence within a general comment. Collectively, these changes reflect an adaptive approach to the evolving technological dimensions of legal practice, introducing specific duties related to technological diligence, confidentiality, and the ethical use of artificial intelligence in legal proceedings.
This forward-thinking strategy distinguishes Puerto Rico’s commitment to modernize the practice of law by addressing new technological challenges more comprehensively and transparently than the model followed by most of the United States.