New York State Bar Considers Mandatory Tech & Cybersecurity CLE Credit

The New York State Bar Association (NYSBA) has recently approved a recommendation from the NYSBA committee on Technology and the Legal Profession that included the introduction of adding an required credit in cybersecurity to mandatory continuing legal education (MCLE) requirements. This would be limited to one additional credit and be categorized under the “Ethics and Professionalism” category. It does not tack on and change minimum hour requirements for experienced or new attorneys respectively.

Prior to New York, in 2016 Florida mandated technology training for attorneys in the form of three CLE hours completed every three years. Following in suit of Florida, North Carolina became the second state that had put in controls to require technology training for lawyers. This was approved in 2019 and is currently being enforced.

These pushes ensure that attorneys are well versed and prepared in cyber risks, threat identification and proper safe guards comes on the heals of a massive landmark year for cyber attacks and breaches.

[1] Vogel, Brandon “New York State Bar Association Recommends New Cybersecurity CLE Requirement” Web. July 8, 2020. New York State Bar Association.https://nysba.org/new-york-state-bar-association-recommends-cybersecurity-requirement-include-cle/

[2] Staff Memorandum. “Report and recommendations of Committee on Technology and the Legal Profession Agenda Item 9” Web. July 8, 2020. New York State Bar Association. https://nysba.org/app/uploads/2020/06/3.-Report-and-recommendations-of-Committee-on-Technology-and-the-Legal-Profession-Agenda-Item-9-with-comments.pdf

[3] FAQ “Rules & Regulations” Web. July, 8. 2020 North Carolina State Bar Continuing Legal Educationhttps://www.nccl e.org/for-lawyers/faq/