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.
State Bar staff is drafting recommendations for the Board of Trustees with guidance from an ADR Working Group of experts. The Working Group, its subgroups, and staff develop and review proposals, refine them, and will prepare a tentative proposal for preliminary public comment. The Working Group and staff will consider revising the proposal in light of the comments and will then submit their recommendations to the Board, which will then issue the proposal for another public comment period before deciding on adoption.
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.
No. Out-of-state attorneys and out-of-country attorneys must obtain fingerprint cards through the State Bar. The cards can be requested by logging into the MSBP. If the out-of-state fingerprint vendor is unable to process the cards issued by the State Bar, the attorney must contact FingerPrinting Card Request for further assistance. Failure to follow State Bar procedures may result in non-compliance with the fingerprinting rule.
My employer provides Live Scan services. Can I use their services or do I have to use an outside vendor?
You can use any Live Scan service as long as the vendor has a contract with the California DOJ to submit your fingerprints and can provide you with an ATI number.
When completing the Live Scan form, do I have to enter an alias?
Almost all active attorneys will need to be re-fingerprinted. The only exceptions are:
(1) attorneys for whom the State Bar has hard copy fingerprint cards. (Due to the State Bar’s previous retention policy of destroying fingerprint cards after 3 years, this applies only to a limited number of attorneys who applied from admission from outside California on or after July 1, 2014.)
and;
(2) attorneys who applied to the State Bar after July 1, 2017.
Your My State Bar Profile will indicate if you are required to be fingerprinted.
I was already fingerprinted when I applied for admission to the State Bar, so the State Bar should have my fingerprints. Why can't the State Bar just use those fingerprints to obtain my criminal record information?
The State Bar is not in possession of the majority of attorney fingerprints. As part of the moral character review process, applicants provide the State Bar with fingerprint cards or fingerprints are submitted electronically directly to the DOJ. A contract with the DOJ is required in order for the State Bar to receive subsequent notification of arrests and conviction information from the DOJ for attorneys admitted to the State Bar or multijurisdictional practitioners. The State Bar entered into this contract on July 1, 2017. As a result, the vast majority of attorneys will need to be re-fingerprinted.
A Subsequent Arrest Notification (SAN) services contract between the State Bar and the DOJ was finalized on June 28, 2017, effective July 1, 2017, to address the error of not securing SAN services on all persons admitted to the State Bar. Due to DOJ policies, the SAN services cannot be applied retroactively. Accordingly, the Supreme Court of California is requiring the resubmission of attorney fingerprints to the DOJ.
What is MJP?
MJP refers to multijurisdictional practice. New California Rules of Court 9.45, 9.46, 9.47 and 9.48 permit certain categories of attorneys not licensed in California ("non-California attorneys") to practice here to a limited extent.
What is the Client Security Fund and how does it work?
The Client Security Fund represents reimburses clients who have lost money or property due to theft or other dishonest act by a California lawyer acting in a professional capacity. Supported entirely by lawyers' annual fees, the fund reimburses eligible applicants up to $100,000. See the State Bar pamphlet "The Client Security Fund Can Help You."
We are dissolving our LLP, how do we terminate our Certificate of Registration with the State Bar?
In order to voluntarily terminate the LLP's Certificate of Registration with the State Bar, you must submit an original certified copy of the Secretary of State's LLP-4 form (including the blue and white cover sheet with red date stamp), showing that the entity ceases to exist as a limited liability partnership. Pursuant to 9.0 of the State Bar's LLP Rules and Regulations, the termination shall be effective as of the date the LLP is dissolved by the Secretary of State.
Do I lose my exemption if I do work "outside the scope of my employment?"
Yes. You lose your exemption for the entire compliance period, with the exception of "qualified" pro bono work (see details below).
Full-time employees of the State of California or the United States government are exempt under 2.54(A)(3) and 2.54(A)(4) only if the sole legal work done by the attorneys is within the scope of their employment.
If these attorneys engage in any legal activity outside the scope of their employment, including pro bono work (see below for exception) or legal work for the attorney personally, close friends or immediate family (such as drafting a will for a relative, reviewing a contract for a non-profit association of which the attorney is a member and giving advice respecting it, they are not covered by the exemption of section 2.54(A)(3) and 2.54(A)(4) and must comply with the full MCLE requirements.
I was exempt during the compliance period. Do I still have to respond to the audit?
If you claimed exempt status for any portion of the compliance period, please complete the MCLE Online Summary Log by selecting “Yes” in the Exempt box and provide a letter from all of your supervisors confirming your titles and dates of employment relative to the MCLE compliance period along with the MCLE Audit Submission Cover Sheet by the deadline. If you also have a proportional requirement you should submit the necessary number of certificates.
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