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.
I'm a lawyer. Am I eligible to become a certified specialist?
Are you licensed with the State Bar of California? Have you practiced in your specialty area for at least 25 percent of the time for each of the last three years?
If the answer is yes to each question, then you are ready to begin the process. Once open, you can register for the exam, which will be held every other year. Please visit the information on Becoming a Certified Specialist and the specific requirements for each specialty area.
What else can I pay through My State Bar Profile?
You may also pay for your California Lawyers Association Section fees. All licensees will also have the opportunity to donate to the Greg E. Knoll Justice Gap Fund, California ChangeLawyers (formerly the California Bar Foundation), the Legislative Activities Fund, and the California Supreme Court Historical Society.
How do I calculate and submit Speakers Credit and Teaching Credit?
Speaking
Please submit course marketing materials that clearly show that the course was approved for MCLE, who the speakers were and how long the course was. You should also submit your certificate of attendance for that course if you were provided with one.
You may only claim speakers credit for approved MCLE activities. If you were part of a panel or you only presented a portion of the program you may only claim incremental speakers credit for the activity.
Teaching
You receive 12 times the credit hours awarded by the law school for the course. There is an exception for subfield requirements in Ethics, Elimination of Bias, Implicit Bias, Mental Competence (mental issues in the legal world or society), Wellness (mental competence specifically in the legal world ), Civility and Technology hours. For these "subfields," you only receive the actual speaking time.
To fill out the online form use the law school as the provider, the course title as the course and the date the class started as the date. Mark the course as participatory and note any qualifying subfield hours. Submit a syllabus and a letter from the law school stating that you were an instructor, the dates of the course, and the number of academic credits the school awarded for it.
What is “administrative inactive status?”
This means you are not entitled to practice California law and your public State Bar records will note this period of not entitled status.
Do government attorneys lose their Minimum Continuing Legal Education (MCLE) exemption by doing pro bono work?
No, MCLE Rule 2.54 allows attorneys in California employed by the State of California or federal government to keep the MCLE exemption if they are doing pro bono work for a qualified legal services provider.
Where can I find pro bono opportunities?
There are many places to look for interesting and rewarding pro bono work. Refer to the State Bar's Pro Bono Opportunities Directory to find programs by region or the California Pro Bono Portal to explore volunteer opportunities throughout the state.
How do I edit the MCLE online summary Log?
Go to your MCLE summary log. Look for the course you’d like to edit and click the red “Edit” button on the right side of the log. Make your changes and save each one. Remember to hit “Submit” when you are done. Whenever you update your online log, please complete the Licensee Records and Compliance Inquiry form.
The evidence of security for claims may be a certificate of insurance, a letter of credit, a written guarantee, or a written agreement executed by the applicant. It must be provided in a form acceptable to the State Bar and must be computed in U.S. dollars.
Am I required to renew my Registration as a Foreign Legal Consultant annually?
Yes, you must submit an annual renewal application in the Applicant Portal along with:
the required fee;
current certificate(s) of good standing; and
proof of security for claims.
Must I report compliance if I am exempt?
Attorneys who meet the exempt criteria must report compliance by claiming their exemption every compliance period. They should do so online by logging on to "My State Bar Profile." Without a statement of compliance, the State Bar has no way of determining whether or not an attorney was exempt for any particular compliance period.
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