In a significant move reflecting the growing intersection of law and technology, the New Jersey Supreme Court has proposed two important changes to strengthen attorneys' technological competence. These proposals, announced on November 19, 2024, aim to ensure that New Jersey lawyers are better equipped to handle the challenges posed by cybersecurity, artificial intelligence, and other emerging technologies.
New Technology-Focused CLE Requirement
The first proposal introduces a targeted continuing legal education (CLE) requirement focused on technology. Under this proposal, attorneys must complete at least one credit hour in technology-related legal subjects as part of their five required ethics credits within each two-year reporting cycle. This requirement would cover topics including:
- Artificial Intelligence
- Cybersecurity
- Emerging Technologies
This change wouldn't increase the overall CLE burden on attorneys, as it works within the existing framework of required credits. This approach mirrors similar requirements already implemented in several other jurisdictions, recognizing technology competence as a crucial component of ethical practice.
Expanding the Definition of Professional Competence
The second proposal involves adding a new official comment to Rule of Professional Conduct (RPC) 1.1, which defines attorney competence. The proposed comment explicitly states that maintaining competence requires lawyers to:"keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology."
This addition aligns New Jersey with the American Bar Association's Model Rules of Professional Conduct and reflects that technological competence is now inseparable from legal competence.
Building on Earlier Initiatives
These proposals build upon New Jersey's commitment to technological advancement in legal practice. In January 2024, the Supreme Court issued Preliminary Guidelines on the Use of Artificial Intelligence by New Jersey attorneys, demonstrating the state's proactive approach to addressing technological challenges in the legal profession.
What's Next?
The Supreme Court seeks public comment on both proposals until December 20, 2024. Comments can be submitted by mail to the Administrative Director of the Courts or via email at Comments.Mailbox@njcourts.gov. All submissions must include the commenter's name and contact information, as anonymous comments will not be considered.
Why This Matters
These proposals represent a significant shift in how the legal profession views technological competence. By making technology training mandatory and explicitly linking technological awareness to professional competence, New Jersey acknowledges that modern legal practice requires more than traditional legal knowledge. Attorneys must now be prepared to:
- Protect client data from cyber threats
- Understand and ethically use AI tools in their practice
- Navigate emerging technologies that affect their clients' interests
- Stay current with technological advances that impact the legal field
These changes signal the need for New Jersey attorneys to start incorporating technology-focused training into their professional development plans. For clients, these requirements provide additional assurance that their lawyers will be better equipped to handle their matters in an increasingly digital world.
As the legal profession continues to evolve alongside technological advancement, these proposals position New Jersey at the forefront of ensuring its attorneys are prepared for the challenges and opportunities of modern legal practice.
RELATED RESOURCES
2023-10-10 NJ Governor Murphy Executive Order 346 on Artificial Intelligence
2023-10-10 Governor Murphy Establishes State Artificial Intelligence Task Force
2024 NJ Report to The Governor on Artificial Intelligence
Recommended Citation: Gelman, Jon L., New Jersey Mandates Tech Training for Lawyers, www.gelmans.com (11/23/2024) https://workers-compensation.blogspot.com/2024/11/new-jersey-mandates-tech-training-for.html
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*Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon Gelman 1.973.696.7900
jon@gelmans.com has represented injured workers and their families who have suffered occupational illnesses and diseases.
Blog: Workers' Compensation
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" West-Thomson-Reuters
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© 2024 Jon L Gelman. All rights reserved.
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