How many hours of MCLE do I have? I received a card that shows I owe (61/25) hours but I was not active the whole period. Do I owe all those hours? If I take a CLE course outside California, can I count it toward my MCLE requirement? What counts as participatory credit? Do you
have a list of low cost MCLE programs? Do I need
to send in anything else other than the compliance card? I changed
my last name, does my compliance group change? I received
a card that shows I owe 61 hours but I thought I already sent
you my compliance card for 1999. Have I been penalized in
the meantime? Do I have to take those hours again? Must I submit a Compliance Card if I am exempt? Who
has to comply with their MCLE requirement this year?
Q: How many hours of MCLE do I have? A:
WE DON'T KNOW -- The MCLE
Compliance Department does not keep track of the education you've
completed: You are responsible for keeping your certificates of
attendance and a record of your self-study activities. Use these
records to tally your hours. Certificates of attendance list the
overall amount of credit available for an activity and whether any
credit is available for legal ethics, prevention of substance
abuse/emotional distress, and elimination of bias in the legal
profession. If you cannot locate a
certificate of attendance or if your information about an activity
is incomplete, contact the provider directly. Telephone
numbers for approved providers can be found on the State Bar's
website at: www.calbar.ca.gov
Q: I received a card that shows I owe (61/25) hours but I was not active the whole period. Do I owe all those hours? A:
MAYBE -- [EXEMPT members, see
question #9 below.] While the card reflects how many compliance
periods are outstanding on your compliance record (25 hours means
our records show that you owe for one compliance period; 61 hours
means that our records show that you owe for two compliance
periods), your MCLE requirement is tied to
the months you are on active status only. [Please note,
however, that members who are suspended for nonpayment of active
membership fees and members on disciplinary suspension, are
considered active members for purposes of MCLE, and are subject to
MCLE during the period of time they are suspended.] If you were not
active for the entire compliance period(s) but were active for 5
months or more in a given period, you owe a proportional
requirement. See the Proportional
Requirement Window to calculate your MCLE requirement based
on the number of months you were on active status in the compliance
period(s).
Q: If I take a CLE course outside California, can I count it toward my MCLE requirement? A:
YES -- If the course is held outside
California and is approved by a jurisdiction on California's
approved list. See the Guidelines
("Out of State Activities," Section 7.4) for a complete list of
approved states and foreign jurisdictions.
Q: What counts as participatory credit? A:
If a provider keeps track of your "participation" at an activity it
is "participatory." Provider verification consists of the
following, the provider has you sign in at the time of the activity
(electronic sign-in is acceptable), the provider keeps a list of
those who sign in, and the provider issues a certificate of
attendance to attendees. Online courses, CD ROM-based courses, and
some tape-based courses can count for participatory credit if they
are verified by an approved provider. If unsure, contact the
individual provider to verify that the program has been approved
for participatory credit.
Q: Do you
have a list of low cost MCLE programs? A:
The State Bar does not have a list of low cost MCLE programs, only
a complete list of all approved providers. You also may find the
following resources useful in determining the most convenient and
cost effective method of fulfilling your requirement: Your local
bar association, provider and bar association websites, and
listings in legal dailies and practice magazines, which contain
advertisement from approved MCLE providers who offer a variety of
programs. As you can fulfill up to one-half of your total MCLE
hours by utilizing self-study options, consider sharing self-study
tapes with fellow practitioners and contacting your county law
library to see if they have approved tapes that you can check out
for self-study viewing. In addition, The State Bar of California
offers some
low cost MCLE classes
Q: Do I need
to send in anything else other than the compliance card? A:
NO -- Your compliance card is all the Bar uses to update
your compliance record, except in the case of an audit. You
should never send in any other MCLE- related documentation unless
specifically requested to do so by the State Bar (otherwise, it
will just be sent back to you). However, please be aware that you
are required to maintain sufficient proof of your compliance with
the education requirement or of your exempt status for at least one
year from the date you comply with the MCLE requirement, in the
event that your compliance is audited.
Q: I changed
my last name, does my compliance group change? A:
NO -- Your compliance group
never changes even if your name does. You always remain in the
compliance group to which you originally were assigned as of
February 1, 1992 (the beginning of the MCLE program). If you were
admitted to the Bar after February 1, 1992, you remain in the
compliance group to which you were assigned on the date you were
admitted to the bar.
Q: I received
a card that shows I owe 61 hours but I thought I already sent
you my compliance card for 1999. Have I been penalized in
the meantime? Do I have to take those hours again? A:
NO -- If you believe you
already sent in a card for the 1996-1999 period but it has not been
recorded there is no penalty for
reporting it again on the new compliance card. Sending in the
card in 1999 was optional due to circumstances stemming from the
Warden case. There is no need to repeat any hours, you just need to
tell us again that you've done them.
Q: Must I submit a Compliance Card if I am exempt? A:
Yes. You must submit a properly completed Compliance Card for each
compliance period listing your exemption. Without the Compliance
Card, the State Bar has no way of determining whether you are
exempt for any particular compliance period.
Q: Who
has to comply with their MCLE requirement this year? A:
"Active" members in Compliance Group 3 (Last Names N-Z when
assigned to the compliance group) must comply with their MCLE
requirement this year. If the State Bar mailed you a compliance
card on December 28, you need to comply. If you are exempt, you
still need to send in your Compliance Card. See Question 9. If you
are on "active" status, you are subject to the MCLE requirement,
regardless of whether you are practicing law, or are even entitled
to practice law. Thus members suspended for nonpayment of active membership fees and members
suspended from active
membership status for disciplinary reasons must continue to fulfill
their MCLE requirement, as must members who are not practicing law
but remain on active membership status. Only members officially on
voluntary inactive membership status
are not subject to the MCLE requirement during the period they are
on inactive status.)
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