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.
You must file an application with the court to appear on behalf of the client in the related case. Please refer to rule 9.40(c) of the California Rules of Court. The filing submitted to the court must include a copy of a proof of service showing that all parties and the State Bar of California have been served. You must also remit the fee to the State Bar of California with a copy of the application.
The application must state:
The applicant's residence and office address;
The courts to which the applicant has been admitted to practice and the dates of admission;
That the applicant is a licensee in good standing in those courts;
That the applicant is not currently suspended or disbarred in any court;
The title of each court and cause in which the applicant has filed an application to appear as counsel pro hac vice in California in the preceding two years, the date of each application, and whether or not it was granted; and
The name, address, and telephone number of the active licensee of the State Bar of California who is the attorney of record.
I wasn’t personally named in the lawsuit, judgment, order, etc., but I am a partner or shareholder of the firm or corporation that was named. Do I need to report?
Yes. Even if you were not named individually, but the firm at which you are a partner or shareholder was named, you must report the action or proceeding.[5] The only exception to this is if you know that the firm has already reported the action; in this instance, you are relieved of the obligation.
I forgot my login credentials. How can I reset them?
Nonattorneys: Click “Forgot Password” on the login page and follow the prompts.
You may request a refund within 60 days of your purchase as long as the course has not been accessed. Refunds for courses with technical issues will be prioritized. Processing may take up to 90 days. Credit card fees are nonrefundable.
Go to Payment Summary, enter your Tester ID, then click the Next button. Your payment summary (receipt) will display.
How are Special Masters designated?
Under the statute, Special Masters are selected from a list of qualified attorneys maintained by the State Bar. The State Bar provides this list to courts and prosecutors who contact attorneys on the list to serve as Special Masters.
How do I register for a class?
You may access the course by logging in to My State Bar Profile and entering the E-learning Portal. In the “What do you want to learn?” search box, type “Ethics School” or “CTA School.” Click “Add to Cart” and complete the checkout process. The course is self-paced and available on demand 24/7. You may save your progress and return to the course at any time, prior to the expiration date. The course must be completed within 90 days of purchase.
Why are law students, State Bar applicants, and attorneys with substance use and mental health issues combined in the same group meetings?
LAP groups do not focus on the specific treatment of any diagnosis. A structured plan of support is beneficial in the recovery of a variety of problems.
Also, many LAP participants are recovering from both substance use and mental health issues. Feedback from LAP participants confirms that benefits are derived from the combined group meetings. The general public is not part of the LAP group meetings.
What factors are considered in fee arbitration?
Depending on the circumstances, the arbitrator will consider several factors in reaching a decision. These may include:
Whether there was a written fee agreement;
The value of the attorney’s services;
Whether the attorney spent an appropriate amount of time on your case;
Whether there are any billing errors; and
Whether any professional negligence or misconduct by the attorney affected the value of the services
The arbitrator will decide the matter based on written submissions and the evidence presented at the hearing. The award will be either binding or nonbinding, depending on what the two parties choose.
What is the Mandatory Fee Arbitration Program?
The State Bar's Mandatory Fee Arbitration Program is an informal, confidential, and low-cost forum for resolving fee disputes between attorneys and their clients. Clients have the right to have a neutral party—an “arbitrator"—hear fee disputes with their attorneys. The arbitrator determines whether the fees and costs charged by the attorney are reasonable for the services provided.
This kind of arbitration is mandatory for a lawyer if requested by a client.
What are the different levels of discipline that the State Bar Court imposes on attorneys?
The Probation Unit of the Office of Chief Trial Counsel monitors attorneys' compliance with the conditions imposed on suspensions and reprovals.
The State Bar Court also may put attorneys on involuntary inactive status if they appear to pose a serious threat to the public.
If a State Bar investigation indicates that an attorney's conduct only bordered on a violation or was a minor breach, State Bar prosecutors may choose an alternative to discipline.
The State Bar's Office of Chief Trial Counsel could decide to send a Directional or Warning Letter to the attorney - and close the case. Or they could issue an Admonition informing the attorney that no further action will take place as long as they stay out of trouble for two years. Or they could settle on an Agreement in Lieu of Discipline that requires the attorney to fulfill specially tailored remedial conditions.
Do I need to identify myself in any particular way?
Yes. When providing legal services pursuant to rule 9.46, you must use the title "Registered In-House Counsel." That title may not be used in connection with any other activities, and you may not in any way hold yourself out as a member of the State Bar of California.
Do I need to identify myself in any particular way?
Yes. When providing legal services pursuant to rule 9.45, you must use the title "Registered Legal Services Attorney." That title may not be used in connection with any other activities, and you may not in any way hold yourself out as a licensed attorney of the State Bar of California.
Am I eligible if I am a California resident?
No. (Rule 9.47 & 9.48)
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