N.Y. Comp. Codes R. & Regs. tit. 22 § 1500.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1500.2 - Definitions

(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.

(i) Regulations and Guidelines refers to the Regulations and Guidelines of the Continuing Legal Education Board set forth in Part 7500 of Volume 22 of the New York Codes, Rules, and Regulations.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1500.2

Amended New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 1/1/2018

Amended New York State Register March 7, 2018/Volume XL, Issue 10, eff. 1/1/2018

Amended New York State Register July 6, 2022/Volume XLIV, Issue 27, eff. 1/1/2023