Another State Moves Towards Adopting Duty of Tech Competence and Mandatory Tech CLE for Lawyers

The New Jersey Supreme Courtroom is looking for feedback on proposals to undertake the responsibility of know-how competence for attorneys and so as to add a know-how requirement for persevering with authorized training.

If the courtroom finally adopts the proposals, New Jersey would grow to be the forty first state to require know-how competence for attorneys and the fourth state to require tech-related CLE.

In 2012, the American Bar Affiliation amended Remark 8 to Mannequin Rule of Skilled Conduct 1.1, which pertains to competence, to clarify that attorneys have an obligation to be competent not solely within the legislation and its observe, but additionally in know-how.

Ever since, I’ve tracked states’ adoption of the responsibility of know-how competence. Up to now, 40 states have adopted the responsibility.

New Jersey’s proposed language would replicate that of the ABA’s mannequin rule. It will learn:

“To take care of competence, a lawyer ought to preserve abreast of adjustments within the legislation and its observe, together with the advantages and dangers related to related know-how, have interaction in persevering with examine and training, and adjust to all persevering with authorized training necessities to which the lawyer is topic.”

With regard to CLE, solely two states up to now have a broad know-how CLE mandate for attorneys, Florida and North Carolina. One other state, New York, mandates CLE in cybersecurity, privateness and information safety.

New Jersey’s proposal would require not less than one CLE credit score in know-how associated training. The proposal wouldn’t add to the general CLE requirement, however as a substitute would change not less than one of many 5 ethics-related credit the state at the moment requires.

Right here is the proposed requirement:

“Inside every two-year CLE reporting cycle, New Jersey attorneys must be required to earn not less than one CLE credit score in technology-related authorized topics out of the 5 required ethics credit, together with however not restricted to synthetic intelligence, cybersecurity, and rising applied sciences.

“This proposed further CLE requirement, with out growing the general variety of required credit, would align with the strategy taken in a handful of different jurisdictions that embody know-how or cybersecurity inside the ethics CLE class. It additionally would supply flexibility to handle new applied sciences as they come up sooner or later. Feedback are requested on this proposed CLE requirement.”

The courtroom is looking for public touch upon these proposals by Dec. 20, 2024. Written feedback could also be submitted to:

Hon. Glenn A. Grant, J.A.D.Performing Administrative Director of the CourtsComments on Cybersecurity/Expertise ProposalsHughes Justice Complicated, P.O. Field. 037Trenton, NJ 08625-0037

Feedback may additionally be submitted through e-mail at: Feedback.Mailbox@njcourts.gov.

Learn the total courtroom discover right here: Discover – Request for Feedback on (a) Proposed Cybersecurity/AI/Expertise CLE Requirement and (b) RPC Touch upon Sustaining Technological Competence – Feedback Requested by December 20, 2024.