Florida Supreme Court adds three hours of technology to lawyer’s mandatory CLE requirements and increases total hours from 30 to 33

Hello everyone and welcome to this Ethics Alert which will discuss the recent opinion of the Supreme Court of Florida which approved proposed changes to Florida Bar rules mandating three hours of continuing legal education in technology related areas/courses.  Florida will become the first state to mandate technology CLE.  The opinion is In Re: Amendments to the Rules Regulating The Florida Bar 4-1.1 and 6-10.3, No. SC16-574 (September 29, 2016) and is here:  http://www.floridasupremecourt.org/decisions/2016/sc16-574.pdf. The rule amendments will become effective on January 1, 2017.

The opinion adopted the recommendations of the The Florida Bar’s Vision 2016 Commission’s Technology Subcommittee.  The revision to rule 6-10.3 increases the CLE requirements for Florida lawyers from 30 to 33 hours of credit every three years and three hours must be in technology related areas/courses.

The opinion also amended the comment to rule 4-1.1 (Competence) “to add language providing that competent representation may involve a lawyer’s association with, or retention of, a non-lawyer advisor with established technological competence in the relevant field. Competent representation may also entail safeguarding confidential information related to the representation, including electronic transmissions and communications. Additionally, we add language to the comment providing that, in order to maintain the requisite knowledge and skill, a lawyer should engage in continuing study and education, including an understanding of the risks and benefits associated with the use of technology.”

Bottom line: Beginning in January 2017, lawyers will be required to obtain 33 hours of CLE every 3 years (up from 30) with a minimum of three hours in technology related areas/courses.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

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About jcorsmeier

Joseph A. Corsmeier is an “AV” rated attorney practicing in Clearwater, Florida. He concentrates his practice primarily in the areas of defense of attorney disciplinary matters before The Florida Bar, attorney admission matters before the Florida Board of Bar Examiners, and professional license and disciplinary matters before the Boards of the State of Florida. He provides expert analysis and opinion on conflict of interest and other attorney disqualification and legal malpractice issues and he testified as an expert in the Florida courts. He served as an Assistant State Attorney in the Sixth Judicial Circuit from 1986 to 1990 where he prosecuted felonies exclusively from June 1987, and as Bar Counsel for The Florida Bar’s Department of Lawyer Regulation from 1990 to 1998. He also practices in the areas of estate planning and Medicaid qualification, workers’ compensation, and labor law. Mr. Corsmeier is the author of numerous articles for various bar publications, has spoken at numerous local and statewide seminars on various topics, including ethics and professionalism, and was an instructor of legal ethics for paralegals at Rollins College until the Tampa campus closed. He received his undergraduate degree from Florida State University and his J.D. from Mercer University. He is admitted to practice in all Florida Courts, the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, and the Middle District of Florida. He is a member of The Florida Bar, American Bar Association, the Association of Professional Responsibility Lawyers, and the Clearwater and St. Petersburg Bar Associations.
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