The New Jersey Supreme Court is considering two measures aimed to ensure that the state’s attorneys are sufficiently tech-savvy. According to the Court, the new requirements are intended to “strengthen awareness and improve practices of attorneys relative to cybersecurity, artificial intelligence (AI), and other emerging technologies and the attendant risks posed by those technologies.”
The New Jersey Supreme Court’s proposals would specifically require New Jersey licensed attorneys to earn CLE credits in technology-related legal subjects; and add a comment to Rule of Professional Conduct (RPC) 1.1 (“Competence”) regarding an attorney’s responsibility, as part of competence, to keep abreast of the benefits and risks associated with relevant technology.
Proposal to Add a CLE Requirement in Technology-Related Subjects
The proposal would maintain the existing total number of CLE credits (and the current number of ethics credits) while requiring that at least one of the five ethics credits be in technology-related legal subjects, as follows:
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.
The additional CLE requirement was first recommended by the New Jersey State Bar Association Task Force on AI and the Law. The Supreme Court’s own Committee on AI and the Law then endorsed the additional CLE requirement, without increasing the overall number of required credits. According to the New Jersey Supreme Court, this approach has been taken by other jurisdictions and would provide flexibility to address new technologies as they arise in the future.
Adding a Comment to the RPCs on Maintaining Technological Competence
The second proposal would add an official comment to RPC 1.1 (“Competence”) regarding maintaining technological competence. According to the New Jersey Supreme Court, since it published its Preliminary Guidelines on the Use of Artificial Intelligence by New Jersey attorneys in January, additional questions have been raised regarding the scope of responsibility of attorneys regarding technology, cybersecurity, AI, and other issues.
The new official comment would align with a similar comment to the ABA Model RPCs, as follows:
Proposed New Official Comment to RPC 1.1 (“Competence”)
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.
What’s Next?
The New Jersey Supreme Court is now accepting comments on the proposals. Comments must be submitted in writing by December 20, 2024to:
Hon. Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Comments on Cybersecurity/Technology Proposals
Hughes Justice Complex, P.O. Box. 037
Trenton, NJ 08625-0037
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