North Carolina may soon become the second state in the country to require that attorneys receive technology training. 

In 2012 the American Bar Association changed its Model Rules of Professional Conduct to explicitly state that lawyers have a duty to stay abreast of relevant technology as part of their professional competence. So far at least 31 states have adopted the new model rule.

Tech CLE swiftly becoming a requirement in the US

Florida is among them, but it went further in 2016 when it started requiring that lawyers take three hours of continuing legal education focused on technology every three years. Now the North Carolina State Bar Council has adopted an amendment adding one credit hour of technology training a year to its annual CLE requirement. If approved by the North Carolina Supreme Court later this year, the requirement will go into effect in 2019. (The state has also adopted the ABA model rule.)

The proposed change shows how much technology is affecting the profession, particularly the delivery of legal services and the handling of sensitive data.

Legal service delivery & technology in North Carolina

The North Carolina amendment calls for education in the use of an IT tool, process, or methodology to enhance practice proficiency or improve law office management in the broader context of increasing a participant’s professional competence in the law. The amendment lists the following specific topics:

• Cybersecurity
• Investigation, collection, and introduction of social media evidence
• eDiscovery
• Electronic filing of legal documents
• Digital forensics for legal investigation or litigation
• Practice management software

Tech training critical for attorneys

The amendment notes that generic IT instruction, like how to use a laptop or smartphone, or how to use Microsoft Office, won’t count. Yet, some attorneys need that kind of training. Some legal tech experts say attorneys may not know how to use basic word processing, email and spreadsheet programs. That lack of proficiency impedes productivity and, because most law firms bill by the hour, clients may end up paying for it. 

Others think education should extend beyond use and cover potential ethical issues created by technology. Using social media for marketing legal services, for example, may raise advertising or solicitation issues. And using unsecured WiFi off-site, for instance in a coffee shop, could violate rules of confidentiality. 

Lawyers should have a working understanding of how technology can help them in their practice, and the ethical issues it might pose if not handled correctly.