New Jersey is poised to be the next state to embrace the duty of technology competence and to enforce a mandate on technology-oriented continuing legal education (CLE) for attorneys, as the state’s Supreme Court invites public comments on the proposal. If finalized, New Jersey will join 40 other states in integrating technology competence into the lawyers’ professional obligations, as observed since the American Bar Association’s (ABA) modification of Comment 8 to Model Rule of Professional Conduct 1.1 in 2012. This landmark amendment articulated a lawyer’s responsibility to maintain competence in technology alongside law and its practice.
Adopted in a manner that’s akin to the ABA’s model rule, New Jersey’s proposal highlights the need for attorneys to remain updated on technological advancements impacting legal practice. Explicitly, the state’s proposed language ensures lawyers are educated on both the benefits and risks associated with emerging technologies, insisting on their role in ongoing legal education.
In terms of CLE requirements, New Jersey’s initiative mimics the precedent set by Florida and North Carolina, each enforcing a general technology CLE requirement for legal practitioners. Unlike these, New Jersey would necessitate attorneys to earn one CLE credit in technology-related legal subjects, counted within the five ethics-related credits presently required rather than increasing the existing credit requirements.
Law professionals will need to focus on specific subjects such as artificial intelligence, cybersecurity, and other emerging technologies. This alignment not only parallels a handful of other regions but also offers room to accommodate evolving technologies. Public feedback is crucial and has been solicited until December 20, 2024. Comments may be addressed to Hon. Glenn A. Grant, J.A.D., Acting Administrative Director of the Courts, in Trenton, NJ, emphasizing the importance of legal proficiency in the face of advancing technology.