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Florida Is First State to Require Technology CLEs

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Technology CLEs, Florida Technology CLEs

Florida attorneys will have to brush up on their technical knowledge to remain active in the Florida Bar.

The Florida Supreme Court adopted two amendments to the Rules Regulating the Florida Bar Sept. 29 that highlight the legal profession’s commitment to staying current with technological advancements that relate to the practice of law.

An amendment to Policy 6-10.3 (Minimum Continuing Legal Education Criteria) now requires lawyers to finish 33 hours of CLE over a three-year duration, with three hrs in an approved innovation program.

An amendment to Policy 4-1.1 (Competence) claims that competent depiction could entail a legal representative’s organization with or retention of a non-lawyer consultant with established technical proficiency. The modification also states that a lawyer needs to participate in continuing study as well as education in the location of technology,

” Including an understanding of the risks and also benefits connected with making use of modern technology.”

The adjustments to Policy 4-1.1 basically embrace the “task of technical proficiency” that has actually been contributed to the guideline rosters of 24 various other Bars. However, Florida is the very first state to earn a technology Continuing Legal Education program necessary.

Changes Took Three Years

John M. Stewart, of Rossway Swan in Vero Beach, Fla., spoke with Bloomberg BNA Oct. 5 about the amendments. Stewart chaired the Florida Bar’s Innovation Subcommittee, which advertised the changes.

” Early on, our subcommittee realized we had to change the remark to our rule on capability to include comparable language to that advised by the American Bar Organization,” Stewart claimed.

” That comment essentially said that capability for an attorney includes recognizing the advantages as well as dangers related to innovations in his/her practice location.

Stewart stated the subcommittee really felt that if it were going to tell attorneys that to be skilled they should recognize particular lawful modern technologies, then they must ensure the lawyers obtain the proper education to satisfy those competencies.

” Considering that the Board of Governors initially called for necessary CLE about 31 years ago there had not been a modification in the number of hrs– it was always set at 30,” Stewart stated. “In the end our recommendation was to include 3 hours to the demand, which the three additional hrs remain in required innovation relevant CLE … It’s a significant modification to be candid.”

Stewart noted that the subcommittee’s conversations recommended including as lots of as 10 hours to the CLE needs, yet eventually felt that including three was meaningful.

“We totally expect that attorneys will certainly take greater than the called for 3 hours when they see exactly how it will positively profit their practices and their clients,” Stewart claimed.

 

Symbolic Changes With a Purpose

Bill Hamilton, executive director of University of Florida’s Levin College of Law’s E-Discovery Project had a slightly different perspective.

He told Bloomberg BNA Oct. 6 that the changes were welcome, but not a “magic bullet” that would bring lawyers up to speed when faced with contemporary realities.

“Three hours isn’t enough to turn someone into a technologist,” Hamilton said, “The changes are more symbolic than anything.”

Hamilton said that technology is part of the modern attorney’s toolkit, and attorneys need to be are of the related issues.

Like Stewart, Hamilton hopes the three mandatory hours will get attorneys’ “juices going.”

“The hours aren’t a burden, they are a form of liberation,” Hamilton said. “This education will make attorneys’ practices better, and will make them more ethically competent.”

Stewart said the state already has over 30 hours of free technology CLE courses available through The Florida Bar’s Practice Resource Institute.

 

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