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.
Will the State Bar require me to resubmit criminal information previously reported?
No. If you already reported criminal information to the State Bar in the moral character process or under the self-reporting mandate, you are not required to report the same information again.
Does the State Bar have a legal specialist program?
Replace with the following:
The State Bar certifies specialists in 11 areas: Admiralty & Maritime, Appellate, Bankruptcy, Criminal, Estate Planning, Family, Franchise & Distribution, Immigration, Legal Malpractice, Taxation, and Workers' Compensation. If you have questions, please fill out the Licensee Records and Compliance Inquiry Form or call 415-538-2120.
Are county employees considered exempt?
No. County employees are not exempt. Employees of California Superior Courts are exempt from MCLE requirements.
Is my out-of-state/country CLE acceptable in California?
You may apply the MCLE credit from courses approved by many states and a few overseas jurisdictions if you were physically outside California when you completed them. This is by rule, so no special forms or requests are needed. Check the approved jurisdictions list on the State Bar website.
If I can’t find all of my certificates, can I submit my receipts instead?
No. Please do not submit your receipts. A receipt is not considered sufficient proof of course completion. If you cannot find your certificates, contact the provider, send them your receipts, and ask for their assistance in helping provide proof of course completion.
Providers are required to maintain proof of attendance for four years. Contact your provider to obtain your certificates of attendance and exhaust all possible avenues to find your attendance records before completing additional courses. Submitting out of period coursework may result in your audit file being referred to the Office of Chief Trial Counsel for further investigation and/or disciplinary prosecution.
How much is the filing fee with the State Bar?
The filing fee is $50, per attorney, per proceeding.
Do education activities I take before I'm admitted count for MCLE credit?
You may claim credit only for education activities taken on or after the first day of the month in which you are admitted (sworn in) to The State Bar of California.
What do attorneys do as Special Masters?
A Special Master accompanies a peace officer serving a warrant. The Special Master informs the party being served of the specific items being sought and gives that person an opportunity to voluntarily provide the items requested. If the items are not voluntarily produced, the Special Master conducts a search in the areas indicated in the search warrant. All items, whether produced voluntarily or seized, are then sealed until a court hearing is held to determine if the items are privileged. Special Masters receive a handbook describing the program in greater detail.
What are the qualifications for being a Special Master?
Special Masters must be active members of the State Bar in good standing for at least five years. To avoid potential conflicts of interest, attorneys who devote a substantial amount of their practice to criminal law are not eligible to serve as Special Masters.
May an attorney who has complied with SB 94 accept payment for loan modification services he or she has provided if the lending institution denies the modification or forbearance?
Yes. SB 94 does not mandate that an attorney’s entitlement to a fee is contingent on a lending institution’s agreement to grant a modification or forbearance. An attorney may accept payment once he or she has completed all loan modification services he or she contracted to perform.
What will be decided in the fee arbitration?
The issues to be decided in the fee arbitration are limited. The arbitrator will decide the amount of fees and costs, if any, you owe the lawyer or whether you should receive a refund from the lawyer.
What if the fee agreement does not comply with the law?
If the fee agreement fails to comply with the law, you may "void" or reject it, but the lawyer may still be entitled to receive a reasonable fee. So, as discussed below, you must still be prepared to present a case to the arbitrator with the specific reasons why you believe the fee charged is not reasonable. You may present evidence of what a reasonable fee should be
How formal is the hearing?
The arbitration hearing is typically informal, although evidence is usually taken under oath. Arbitration hearings may be held in a conference room in the arbitrator's office or at the bar association. Generally, only the arbitrator, you, the lawyer, and maybe witnesses will be in the room. You do not need to be represented by a lawyer. However, you may choose to have a lawyer represent you if you wish.
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
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