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.
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.
Very often, the amount of money a lawyer handles for a single client is quite small, or will be held for such a short period of time that it cannot earn net income for the client.
When these small or short-term funds belonging to clients are placed in a single, interest- or dividend-bearing trust account, the funds collectively earn interest that the financial institution forwards to the State Bar of California to support nonprofit legal aid organizations that provide civil legal aid to indigent and low-income people, seniors and persons with disabilities.
Business and Professions Code Sections 6091.2, 6211, 6212, 6213 require that financial institutions that choose to participate in the IOLTA program offer comparable bank investment products to their IOLTA customers as they do to their similarly situated customers. If a financial institution does not meet this requirement, then attorneys are not allowed to hold their IOLTA at that financial institution.
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.
When I try to take the test, I'm put in a loop that asks me to make another payment.
If you already made a payment and received a confirmation, do not click the Take MCLE Test button. Instead, go to Complete Unfinished Test, enter the Tester ID sent to your email address, and click Next. The MCLE article and 20 questions will display.
How long is Ethics School, and will I receive Minimum Continuing Legal Education (MCLE) credit for attending?
The course is three hours long. However, you may take it at your own pace and save your progress.
If you are taking the course as the result of being disciplined by the State Bar, CLE credit is not available. Attorneys completing the course for this purpose must submit a certificate of completion to the Office of Case Management and Supervision upon completion of the course.
If you are taking this course as a condition of an abeyance stipulation related to an Application for Determination of Moral Character, MCLE credit is not available. Individuals completing the course for this purpose must submit a certificate of completion to the Office of Admissions upon conclusion of the course.
When browsing the course catalog, select “Ethics School—The Rules of Professional Conduct.” Do not select the course that covers similar content (e.g., “The Rules of Professional Conduct”). Taking any similar voluntary course will not satisfy your mandatory obligation to complete the course, whether mandated by an order of the California Supreme Court or the State Bar Court, or required by the Office of Admissions. To satisfy a mandatory obligation, you must take the mandatory Ethics School course, which is not eligible for MCLE credit.
What is the cost for the drug or alcohol testing?
The cost for drug testing varies by frequency and the type of test. Most tests are about $85 per test, which is paid to LAP’s contracted testing provider. The lab that is used for biological fluid collection, may assess an additional fee.
What happens at a fee arbitration hearing?
Arbitration hearings are informal, but you should obtain a copy of the rules of procedure from the program handling your fee dispute to educate yourself about the process.
The program will assign your dispute to a volunteer attorney arbitrator who must be licensed in good standing with the State Bar. Depending on the amount of your fee dispute, the panel will consist of one attorney arbitrator, or a three-member panel consisting of two attorney arbitrators and one nonattorney arbitrator.
You may be represented by a attorney, but it is not necessary. You can arrange for an interpreter to attend the hearing with you.
Both you and the attorney will have a chance to make statements, ask each other questions, and present evidence, such as letters, billing statements, or the fee agreement. You may also present witnesses, for example, someone who heard you and your attorney agree to the fee. If you have problems obtaining papers needed for the hearing from the opposing attorney, you may ask the arbitration panel to intervene.
If you think you will need moral support, ask the arbitrator if a family member or friend can accompany you to the hearing. Fee arbitration hearings may be closed to everyone else except the witnesses while they are testifying.
Most local bar programs don’t allow the arbitration hearing to be recorded or transcribed for confidentiality reasons.
Also, keep in mind that fee arbitration aims to determine if the fee amount is appropriate for the attorney’s work on your case. Arbitrators also consider the attorney’s performance in your case to reach their decision, but they cannot award any additional money for what may be attorney malpractice or professional misconduct.
Can an attorney refuse to arbitrate a disputed fee?
If you choose to arbitrate, the attorney must do so in most cases. Exceptions include these situations:
Fees set by law or the courts, such as the ordinary charges for probating a will, or attorney’s fees that a judge orders one spouse to pay the other in a divorce.
Fees charged by an attorney who is not a member of the State Bar of California, who does not have offices in California, and who did the majority of the work for you out of state.
Fee disputes in which you or the attorney filed a suit, and the attorney notified you of your right to arbitrate, using the required State Bar form, but you filed a suit or answered a suit in court before requesting arbitration.
Fee disputes in which you are not the attorney’s client, unless you paid fees to the attorney for a client.
Where can I find information about opening and closing a law practice?
The State Bar offers information for attorneys on subjects such as starting a limited liability partnership, rules about starting a law corporation, and closing a practice.
What are the requirements for a financial institution to become a Leadership Bank?
There are only two criteria. A financial institution must agree that it will pay at least 68 percent of the Federal Funds Rate (FFR) on IOLTA accounts or a floor rate of 0.68 percent, whichever is higher, and waive fees and charges on ALL IOLTA accounts, regardless of the account’s size.
How long does my registration last?
You may practice as a registered legal services attorney for no more than a total of three years.
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