The New Jersey Supreme Court is seeking comments on proposals to adopt the duty of technology competence for lawyers and to add a technology requirement for continuing legal education. If the court ultimately adopts the proposals, New Jersey would become the 41st state to require technology competence for lawyers and the fourth state to require […]
The New Jersey Supreme Court is seeking comments on proposals to adopt the duty of technology competence for lawyers and to add a technology requirement for continuing legal education.
If the court ultimately adopts the proposals, New Jersey would become the 41st state to require technology competence for lawyers and the fourth state to require tech-related CLE.
In 2012, the American Bar Association amended Comment 8 to Model Rule of Professional Conduct 1.1, which pertains to competence, to make clear that lawyers have a duty to be competent not only in the law and its practice, but also in technology.
Ever since, I have tracked states’ adoption of the duty of technology competence. To date, 40 states have adopted the duty.
New Jersey’s proposed language would replicate that of the ABA’s model rule. It would read:
“To maintain competence, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.”
With regard to CLE, only two states so far have a broad technology CLE mandate for attorneys, Florida and North Carolina. Another state, New York, mandates CLE in cybersecurity, privacy and data protection.
New Jersey’s proposal would require at least one CLE credit in technology related education. The proposal would not add to the overall CLE requirement, but instead would replace at least one of the five ethics-related credits the state currently requires.
Here is the proposed requirement:
“Within each two-year CLE reporting cycle, New Jersey attorneys should be required to earn at least one CLE credit in technology-related legal subjects out of the five required ethics credits, including but not limited to artificial intelligence, cybersecurity, and emerging technologies.
“This proposed additional CLE requirement, without increasing the overall number of required credits, would align with the approach taken in a handful of other jurisdictions that include technology or cybersecurity within the ethics CLE category. It also would provide flexibility to address new technologies as they arise in the future. Comments are requested on this proposed CLE requirement.”
The court is seeking public comment on these proposals through Dec. 20, 2024. Written comments may be submitted to:
Hon. Glenn A. Grant, J.A.D.Acting Administrative Director of the CourtsComments on Cybersecurity/Technology ProposalsHughes Justice Complex, P.O. Box. 037Trenton, NJ 08625-0037
Comments may also be submitted via email at: Comments.Mailbox@njcourts.gov.
Read the full court notice here: Notice – Request for Comments on (a) Proposed Cybersecurity/AI/Technology CLE Requirement and (b) RPC Comment on Maintaining Technological Competence – Comments Requested by December 20, 2024.
