Inactive and “Not Eligible to Practice”

There are certain periods when attorneys are not subject to the Minimum Continuing Legal Education (MCLE) requirement, especially if they are inactive or for some reason not eligible to practice law.

Attorneys are not subject to MCLE reporting requirements during any period of time that they are officially listed as “inactive” on State Bar records. There is no “retired” status. Attorneys who are not practicing law and are otherwise eligible may file a form to transfer to inactive.

An attorney who is inactive for part but not all of an MCLE compliance period is still required to complete a reduced or prorated number of MCLE hours based on the number of months they were active.

Credit may be claimed for education activities taken any time during the compliance period, even if an attorney is inactive when completing the activity. However, that credit cannot be carried forward from one compliance period to another.

If you complete MCLE education after the end of your reporting period to make up for missing credits, you will not be able to count them again for the next compliance period.

Who is subject to the MCLE requirement?

StatusEligible to PracticeMCLE Required?Transfer from Active IsTransfer Back to Active
ActiveYesYes——
Not EligibleNoYesInvoluntary“Reinstated” only after all reasons have ended
InactiveNoNoVoluntary“Reactivation” is voluntary

Transferring to inactive status

You have to file a transfer to inactive status form before the MCLE reporting deadline to avoid the MCLE requirement.

Not eligible status

An attorney may be placed on administrative inactive status (not eligible to practice law) for failure to comply with the MCLE requirement.

Attorneys listed as “not eligible” cannot be removed from administrative inactive status until they have fulfilled all of the bar’s requirements. They must submit a number of documents and fees, including:

  • A completed MCLE compliance card
  • Noncompliance fee
  • Noncompliance reinstatement fee
  • Documentation of compliance, including:
    1. Certificates of attendance
    2. Self-study log
    3. Any proof of exempt status

The State Bar will issue a reinstatement when it receives all of the items above. If an attorney was placed on not eligible status for more than one reason (such as a suspension for not paying annual fees), they will not be eligible to practice law until all the issues are resolved.

Transferring from inactive to active

Inactive attorneys who decide to become active in the middle of their compliance period must still comply with the MCLE requirement for the period when they were active.

Your MCLE requirement is prorated based on the number of months during the compliance period when you were active and not exempt. You may be required to show compliance with a past-due MCLE requirement within 60 days.

Your active status is effective on the date that the State Bar receives your signed form and fee. To start the process, you must:

  • Complete and send in the request to transfer to active status form and pay the difference between the active and inactive fee for the current year
  • Rejoin your compliance group with the current compliance period

For questions, please fill out the Licensee Records and Compliance Inquiry form.