Attorney Exemptions

The State Bar requires attorneys to complete Minimum Continuing Legal Education (MCLE) and to file a report every three years stating that they have complied.

But some attorneys are exempt*, meaning that they do not have to go through the training, although they do have to file a report with the State Bar, according to Rule of Court 9.31 and Business & Professions Code Section 6070 [Rule 2.54]. The exempt attorneys include:

  • Officers and elected officials of the State of California.
  • Full-time professors at law schools accredited by the State Bar, the American Bar Association (ABA), or both.
  • Lawyers employed full-time by the State of California as attorneys or administrative law judges on a permanent or probationary basis, regardless of their working hours, who do not otherwise practice law.
  • Lawyers employed full-time by the U.S. government as attorneys or administrative law judges on a permanent or probationary basis, regardless of their working hours, who do not otherwise practice law.
  • Attorney employees of Superior Courts in the State of California, who are employed on a permanent or probationary basis who do not otherwise practice law.

Exempt attorney reporting

The exemption covers only the requirement that attorneys get MCLE. Exempt attorneys are still required to file a report through My State Bar Profile every compliance period, indicating one of the following reasons:

  • They were exempt for the entire compliance period.
  • They completed a prorated requirement based on the number of months during the compliance period that you did not hold an exempt position.
  • They completed the regular 25-hour education requirement, because as a federal employee or an employee of the State of California they practiced "outside the scope of your employment" and lost their exemption from the education requirement for the entire compliance period.

If you are exempt and you fail report your exempt status on time, you are subject to the same sanctions imposed on those who fail to report compliance.

Related links

FAQs on attorney exemptions