New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart A - Structure of Program › Section 1500.2 - Definitions

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Accredited course or program is a
						continuing legal education course or program that has met the standards set
						forth in section
						1500.4(b) of this
						Part and has received advance accreditation approval by the Continuing Legal
						Education Board.
(b)
						Accredited provider is a person or entity whose continuing legal education
						program has been accredited by the Continuing Legal Education Board, and who
						has been certified by the Continuing Legal Education Board as an accredited
						provider of continuing legal education courses and programs in accordance with
						section 1500.4(c) of this
						Part.
(c) Ethics and
						professionalism may include, among other things, the following: the norms
						relating to lawyers' professional obligations to clients (including the
						obligation to provide legal assistance to those in need, confidentiality,
						competence, conflicts of interest, the allocation of decisionmaking, and
						zealous advocacy and its limits); the norms relating to lawyers' professional
						relations with prospective clients, courts and other legal institutions, and
						third parties (including the lawyers' fiduciary, accounting and recordkeeping
						obligations when entrusted with law client and escrow monies, as well as the
						norms relating to civility); the sources of lawyers' professional obligations
						(including disciplinary rules, judicial decisions, and relevant constitutional
						and statutory provisions); recognition and resolution of ethical dilemmas; the
						mechanisms for enforcing professional norms; substance abuse control; and
						professional values (including professional development, improving the
						profession, and the promotion of fairness, justice and morality).
(d) Skills must relate to the
						practice of law and may include, among other things, problem solving, legal
						analysis and reasoning, legal research and writing, drafting documents, factual
						investigation (as taught in courses on areas of professional practice),
						communication, counseling, negotiation, mediation, arbitration, organization
						and trial advocacy.
(e) Law practice management must relate
						to the practice of law and may encompass, among other things, office
						management, applications of technology, State and Federal court procedures,
						stress management, management of legal work and avoiding malpractice and
						litigation.
(f)
						Areas of professional practice may include, among other things, corporations,
						wills/trusts, elder law, estate planning/administration, real estate,
						commercial law, civil litigation, criminal litigation, family law, labor and
						employment law, administrative law, securities, tort/insurance practice,
						bankruptcy, taxation, compensation, intellectual property, municipal law,
						landlord/ tenant, environmental law, entertainment law, international law,
						social security and other government benefits, and alternative dispute
						resolution procedures.
(g) Diversity, Inclusion and
						Elimination of Bias courses, programs and activities must relate to the
						practice of law and may include, among other things, implicit and explicit
						bias, equal access to justice, serving a diverse population, diversity and
						inclusion initiatives in the legal profession, and sensitivity to cultural and
						other differences when interacting with members of the public, judges, jurors,
						litigants, attorneys and court personnel.
(h) Cybersecurity, Privacy and Data
						Protection
(1) Cybersecurity, Privacy and Data
						Protection-Ethics must relate to lawyers' ethical obligations and professional
						responsibilities regarding the protection of electronic data and communication
						and may include, among other things: sources of lawyers' ethical obligations
						and professional responsibilities and their application to electronic data and
						communication; protection of confidential, privileged and proprietary client
						and law office data and communication; client counseling and consent regarding
						electronic data, communication and storage protection policies, protocols,
						risks and privacy implications; security issues related to the protection of
						escrow funds; inadvertent or unauthorized electronic disclosure of confidential
						information, including through social media, data breaches and cyber attacks;
						and supervision of employees, vendors and third parties as it relates to
						electronic data and communication.
(2) Cybersecurity, Privacy and Data
						Protection-General must relate to the practice of law and may include, among
						other things, technological aspects of protecting client and law office
						electronic data and communication (including sending, receiving and storing
						electronic information; cybersecurity features of technology used; network,
						hardware, software and mobile device security; preventing, mitigating, and
						responding to cybersecurity threats, cyber attacks and data breaches); vetting
						and assessing vendors and other third parties relating to policies, protocols
						and practices on protecting electronic data and communication; applicable laws
						relating to cybersecurity (including data breach laws) and data privacy; and
						law office cybersecurity, privacy and data protection policies and
						protocols.