Substantive written materials handouts, presentations, slides, or other documents that provider meaningful written explanations of the topics and legal authorities covered in the program. They must do more than list agenda items or display primary sources; they should contain analysis, discussion, and practical guidance at a level that allows an attorney to use the materials as a stand-alone reference after the course. Materials consisting only of brief bullet point outlines, agendas, unannotated copies of cases, statutes, or regulations, or slide decks that are mainly pictures, charts, or a few large font bullet points without explanatory text are not considered substantive.
What activities qualify for general MCLE credit?
Activities that qualify for general MCLE credit must: (1) relate to legal subjects that are directly relevant to California attorneys, and (2) offer current, significant educational, professional, or practical content with the specific objective of increasing each participant’s professional competency as an attorney. Programs created primarily for nonattorney audiences (for example, general public, clients, or business staff) do not qualify and will not be approved for general MCLE credit. More on Standards for MCLE activity Approval.
Are there separate Certificates of Attendance for speakers?
No. Except for the credit hours awarded, the certificate is the same for both speakers and nonspeakers.
Can a speaker receive credit as an attendee?
The speaker should receive credit for their attendance time less their speaking time. As an example, a speaker who speaks for 15 minutes during a 1-hour program would only be eligible for 45 minutes of attendance credit (i.e., 60 minutes of program time minus 15 minutes of speaking time = 45 minutes or 0.75 hours).
How are speaker credit hours calculated?
Regardless of the time increment, the speaker should be awarded their actual speaking time multiplied by four. For example, a speaker who speaks for 15 minutes would receive 1 hour of speaking credit (i.e., 0.25 hours x 4 = 1.00 hour speaking credit). Additionally, the speaker credit should be rounded to the nearest quarter-hour if necessary. For example, a speaker who speaks for 10 minutes should receive 45 minutes of speaking credit (i.e., 10 minutes x 4 rounded up to the nearest quarter-hour = 45 minutes or 0.75 hours).
Please note: Speaker credit should only be granted for the first presentation of a program. Speakers who repeat the same presentation should only receive attendance credit for that presentation.
How does a provider track attendance for participatory activities?
Providers can use the State Bar’s Record of Attendance form, or its equivalent, to take attendance. In addition to the California licensee’s name, State Bar number, and signature, the form must include the following information:
• The title of the MCLE activity;
• Date of the MCLE activity; and
• Total hours awarded, including any credit hours or partial credit hours awarded for legal ethics, recognition and elimination of bias, implicit bias, competence issues, or legal specialization as a component of the activity.
I am an approved SAP, so why am I not listed on the website?
Only MAPs are listed on the State Bar’s website. A provider with MAP status is considered to have demonstrated a strong understanding of both the standards for approval of MCLE activities and their responsibilities as outlined in the MCLE provider rules, and therefore, activities held by these providers are presumed to be approved by the State Bar.
How long does the provider’s status remain effective once approved?
A SAP’s application/program is approved for a period of two years from the date of the activity. An approval for MAP status is granted for a period of two years.
What types of legal education providers are approved in California?
There are two types of approved providers in California: Single Activity Providers and Multiple Activity Providers. A Single Activity Provider (SAP) is an organization approved to hold and grant Minimum Continuing Legal Education (MCLE) or Legal Specialty Minimum Continuing Legal Education (LSMCLE) credit for a single MCLE or LSMCLE activity for a period of two years from the date of the activity, provided that no substantive changes are made to the program. A SAP must apply for and receive approval of the activity in accordance with the State Bar’s procedures and pay applicable fee(s). More on becoming a Single Activity Provider
A Multiple Activity Provider (MAP) is an organization approved to hold and grant credit for any MCLE or LSMCLE activity for two years after applying for and receiving approval of MAP status in accordance with State Bar procedures and paying the applicable fee(s). Providers approved for MAP status do not have to submit separate applications to request approval for each program offered. More on becoming a Multiple Activity Provider
What is the Commission on Judicial Nominees Evaluation?
The Commission on Judicial Nominees Evaluation (JNE; JNE Commission), is an agency of the State Bar created by statute for the express purpose of evaluating judicial candidates nominated by the Governor. The language of the statute, Government Code section 12011.5, is mandatory. It provides that, prior to exercising their constitutional right to make judicial appointments, the Governor shall submit to JNE the names of all potential appointees or nominees for judicial office for evaluation of their judicial qualifications. The commission operates pursuant to rules and procedures adopted by the Board of Trustees of the State Bar.
Questions should be directed to the administrator of the fee arbitration program you are using to arbitrate your dispute. Check the rules and/or forms given to you by the program for the administrator's address and telephone number or look under the Approved Programs. Unless the matter is urgent, the arbitrator assigned to hear your dispute should not be called.
What is the role of the arbitrator?
The arbitrator is a neutral decision maker, who considers the evidence presented by all parties and makes a decision on the lawyer's fees. The arbitrator cannot represent either the lawyer or the client in the dispute. Nor does the arbitrator typically independently investigate or gather evidence to support either side's position. The arbitrator must make the decision based on the evidence given by the parties.
What happens at the hearing?
The arbitrator has the authority to decide how the arbitration hearing should proceed. You may be asked to present your case first. You will be allowed to discuss the fee agreement and the reasons why you dispute the lawyer's fees. You may also introduce relevant documents, such as written fee agreements and copies of the lawyer's bills. Your presentation should be simple, factual, and directly related to the issue of lawyer's fees. Usually, this is also the time when you would present any witnesses to help prove your case.
After you have fully presented your case, the lawyer will have a chance to ask you questions.
The lawyer may also make their presentation and present any witnesses. You will have an opportunity to ask relevant questions after the lawyer has fully presented their case. To avoid interrupting the lawyer's presentation, you may want to take notes so that you can remember any points with which you disagree.
What is rule 8.3?
Rule 8.3 requires lawyers to report certain misconduct by other lawyers to the State Bar or a tribunal with jurisdiction to investigate or act upon such misconduct.
IOLTA is a primary source of funding for civil legal aid in California. Civil legal aid provides free legal services to those who would not otherwise be able to afford them. On average low-income Californians report experiencing twice as many civil legal problems in a year as nonindigent Californians. Approximately 20 percent of Californians live in poverty and rely on these services for their civil legal needs.
Currently, almost 100 organizations receive IOLTA grants from the State Bar. In 2018 the State Bar distributed over $51 million to support civil legal aid. (This includes other funds besides IOLTA, such as the Equal Access Fund and the Greg E. Knoll Justice Gap Fund.) Top areas where these organizations provided legal assistance included housing, immigration, and family law/domestic violence cases. In 2017, almost 5,000 families were able to stay in their homes, over $16 million in unpaid wages were recovered, and over 2,000 individuals were able to obtain or maintain their health insurance as a result of civil legal aid.
When is the deadline to submit my audit packet? What happens if I miss the deadline?
The deadline to show proof of compliance is stated on your MCLE Audit Notice. If you fail to submit adequate proof of compliance by the deadline, you will be assessed a $103 penalty for late compliance, and you will receive a Non-Compliance Notice that gives you 60 days to comply. If you do not submit adequate proof of compliance and pay the late fee within that time period, you will be placed on Not Eligible to Practice status until you submit the required proof of compliance, pay the $103 non-compliance fee, and pay an additional $308 reinstatement fee.
I can’t find all of my certificates. What can I do?
If you are unable to locate your certificates or proof of course completion, please contact your provider immediately to request a copy of the attendance certificate or a printout. Many providers are happy to assist. However, please note that California MCLE course providers are not required to issue replacement certificates. The State Bar only mandates that they provide the original certificate received upon course completion.
Do I have to report my pro bono hours?
Most legal aid and pro bono organizations track the number of pro bono hours by their volunteers and law firms track the number of pro bono hours contributed by their firm members. In September 2024, the California legislature passed a law requiring active licensees to report hours provided for pro bono and reduced fee legal services annually. Through My State Bar Profile, attorneys may report this information optionally in 2025 and will be required to report this information in 2026.
What legal work qualifies as pro bono?
The State Bar Board of Trustees defines pro bono as providing or enabling “the direct delivery of legal services, without expectation of compensation other than reimbursement of expenses, to indigent individuals, or to not-for-profit organizations with a primary purpose of providing services to the poor or on behalf of the poor or disadvantaged, not-for-profit organizations with a purpose of improving the law and the legal system, or increasing access to justice.” See the Pro Bono Resolution on the State Bar’s website.
Legal work for clients referred from a legal aid program generally qualifies, but waiving fees for clients unable to pay does not count as pro bono if payment was initially expected. For the work perfrmed to fall within the meaning of pro bono, the lawyer providing the legal services must intend to do so for free, and the recipient must be indient. Pro bono opportunities vary depending on the needs of the client community. Examples might include:
Representation (full or limited scope)
Negotiation and settlement
Screening and intake
Brief service by phone or in person
Legal informationor "Know Your Rights" workshops
Document preparation and review
Mentoring and training less experienced staff and volunteer attorneys
Legal research and writing
Consumer/public education
Litigation support
Legislative research and legal analysis
I just found more certificates. Can I add them to my audit submission?
If you receive a notice of deficiency and are able to locate more certificates for courses taken within the compliance period, please submit them as an attachment to the Licensee Records and Compliance Inquiry form. Please remember to include the MCLE Audit Submission Cover Sheet and a letter of explanation whenever responding to a Notice of Deficiency.
How long does it take to process the application?
Each file is handled individually. Processing time depends on whether we receive complete information. A Foreign Legal Consultant application cannot be approved until you have received a positive moral character determination. Generally, the moral character review process can take a minimum of six months to complete.
What are the requirements to register as a Foreign Legal Consultant?
An applicant must:
have been admitted to practice law and have been in good standing as an attorney, counselor at law, or equivalent in a foreign country for at least four of the six years immediately preceding the application, and have actually practiced the law of that country;
possess good moral character (an Application for Determination of Moral Character is required and will be processed by the Office of Admissions in the same manner as for California bar applicants); and
provide the Office of Admissions with a written statement agreeing to maintain required security for claims for errors, omissions, and dishonest conduct.
How do I talk to someone about participation in the Lawyer Assistance Program?
For more information, please complete the LAP/OPC Support Intake Form, give us a call (877-LAP-4HELP or 877-527-4435), or send an email to LAP@calbar.ca.gov. Contacting us is confidential.
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