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.
Do I have to provide my social security number on the California DOJ Live Scan form?
Providing a social security number is not legally required; however, DOJ procedures recommend providing the social security number on the Live Scan form. Further, many Live Scan vendors will refuse to submit your information without a social security number.
If you are uncomfortable with a Live Scan vendor retaining your social security number, we recommend redacting the number from the Live Scan form after the Live Scan vendor enters your information into the Live Scan software for transmission to the DOJ. The Live Scan vendor will then retain the redacted Live Scan form for their records. If a social security number is not provided, processing can be delayed.
I don’t live in California. Will I have to travel back to California to be fingerprinted?
No. Attorneys who live out-of-state can request hard copy fingerprint cards from the State Bar to be mailed to their preferred location. The cards can be completed at any fingerprint processing location within the jurisdiction in which they are located. For more information go to Fingerprinting Rule Requirements.
What information will the State Bar receive back from the DOJ and/or FBI?
The State Bar will receive criminal record information from both the DOJ and the Federal Bureau of Investigation (FBI). This information specifically includes a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, court-ordered rehabilitation conditions, and release. The DOJ will send the State Bar notification of subsequent California arrests and the disposition of those arrests. At this time, the FBI will not send notification of out-of-state arrests to the State Bar.
Are State Bar investigations into attorney misconduct public or confidential?
State Bar investigations and inquiries are, by statute, confidential. The complaint becomes public when disciplinary charges are filed against an attorney in State Bar Court. By law, however, any other pending investigations involving the same lawyer must remain confidential at that point. If it is determined that public protection is seriously at stake in a particular case, the Chief Trial Counsel does have the authority to publicly reveal a pending investigation.
If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.
I don’t have a certificate but I do have a copy of the sign in sheet from the provider. Will you accept that as proof of completion?
We will only accept a sign-in sheet if it includes the name of the course, course provider, date of activity and the number of MCLE hours afforded to attendees.
Where do I mail the State Bar's copy of my application?
State Bar of California
Office of Special Admissions and Specialization
180 Howard Street
San Francisco, CA 94105
What address should I use as my address of record for State Bar purposes?
The office address of the attorney's employer (qualifying institution for in-house counsel and legal services attorney) will be considered your address of record. If your current employer changes its address, you must submit a written notice to:
Office of Admissions (MJP)
845 S. Figueroa St.
Los Angeles, CA 90017-2515
If your address change is due to new employment, you must submit a Change of Employment Form to the State Bar.
MJP attorneys are not allowed to practice law with other institutions without registration by the State Bar.
How many hours of MCLE do I have?
The MCLE Compliance Department does not keep track of the education an attorney has completed: Attorneys are responsible for keeping certificates of attendance and a record of self-study activities. These records should be used to tally hours.
Certificates of attendance list the overall amount of credit available for an activity and whether any credit is available for legal ethics, prevention of substance abuse, or elimination of bias in the legal profession. Contact the provider directly regarding lost certificates of attendance or if information about an activity is incomplete.
What compensation and immunities do Special Masters receive?
Special Masters serve without compensation, but for purposes of immunities are considered public employees of the government entity causing the search warrant to be issued.
Does SB 94 apply to circumstances where an attorney who represents a borrower in a civil action against a lending institution (for example, alleging that the lender engaged in predatory or unlawful loan practices) receives an offer from the defendant to settle the civil action by granting the borrower a loan modification?
No. SB 94 applies only to employment contracts which are entered into for the purpose of obtaining a loan modification or forbearance for a borrower. If the genuine purpose and goal of an employment contract is to pursue remedies other than a loan modification or forbearance, SB 94 does not apply.
Summary of the Law
On October 11, 2009, the following code provisions, referred to collectively as SB 94, became effective:
California Civil Code, section 2944.6(a) providing that any person who offers to negotiate, arrange or perform a mortgage loan modification or forbearance in exchange for a fee paid by the borrower, shall provide the borrower, prior to entering into a fee agreement, a separate statement advising the borrower of various points including the fact that it is not necessary to pay a third party to arrange for a modification or forbearance and that the United States Department of Housing and Urban Development provides a list of non-profit organizations that provide assistance to borrowers at no cost.
California Civil Code, section 2944.7(a)(1) providing that it shall be unlawful for any person who offers to negotiate, arrange or perform a mortgage loan modification or forbearance in exchange for a fee paid by the borrower, to claim, demand, charge, collect or receive any compensation until after the person has fully performed each and every service the person contracted to perform or represented that he or she would perform.
Section 2944.7(a)(2) prohibiting the taking of any wage assignment, lien or other security to secure the payment of compensation.
Section 2944.7(a)(3) prohibiting the taking of any power of attorney from the borrower for any purpose.
Section 2944.7(d) providing that the section applies only to mortgages and deeds of trust secured by residential real property containing four or fewer dwelling units.
California Business and Professions Code, section 6106.3, providing that a violation of Civil Code sections 2944.6 or 2944.7 by a member of the State Bar of California constitutes a cause for the imposition of discipline.
What if the fee agreement was oral and a written agreement was not required?
If the fee agreement was oral, and a written fee agreement was not required, the arbitrator will decide what you and the attorney intended as the terms of your agreement. For example, the arbitrator will determine the agreed upon hourly rate and any other fees or costs. You should be prepared to present any evidence that supports your claim, whether that evidence is in the form of written documents or a witness who was present when you discussed the fee with your attorney.
Who can come with me to the hearing?
You should check the program rules to see if nonparties and nonwitnesses may attend with you and, if so, whether that person may speak on your behalf. If allowed, that person will be bound by the same rules of confidentiality as everyone else.
Can I contact the arbitrator after the hearing?
Unless you have been directed to do so by the arbitrator, you should not contact or send any correspondence to the arbitrator after the hearing has concluded. You may contact the program administrator if you have questions.
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