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 have been disciplined by an attorney regulatory or other regulatory agency, does my disciplinary history affect my eligibility?
No. Notwithstanding a prior disciplinary history, if you are currently licensed and entitled to practice law, you may register as in-house counsel. However, a record of discipline could lead to an adverse moral character determination depending on the nature of the circumstances leading to the imposition of discipline, the nature and amount of rehabilitation that has taken place, and the length of time since the events that led to discipline. For more information, go to the page that discusses Moral Character
Who may act as my supervising attorney?
An active licensed attorney in good standing of the California bar who has practiced law as a full-time occupation for at least four years, and has actively practiced law in California as a full-time occupation for at least the two years immediately preceding the time of supervision. See rule 9.45 for additional requirements.
What address should MJP attorneys use as their 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) The State Bar of California 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's Office of Admissions.
MJP attorneys are not allowed to practice law with other institutions without registration by the State Bar.
Am I allowed to make court appearances in California?
No. You are not permitted to make court appearances in California state courts or engage in any other activities for which pro hac vice admission is required. The only exception is if you are also registered as a legal services attorney and provide legal services in accordance with that rule.
Am I eligible if I have resigned with charges pending, or been disbarred or suspended from the practice of law in any other jurisdiction?
No.
Admitted with four months or less left in the compliance period?
The proportional requirement rules specify that if a licensee is subject to the MCLE requirement for four months or less, s/he does not need to comply with the MCLE education requirement for that compliance period.
Thus, if an attorney was admitted in December and his or her Compliance Group's deadline is less than 2 months away, it is unnecessary to comply with the MCLE requirement for that compliance period. The next compliance period for this group begins on February 1, and an attorney can count only activities earned on or after February 1 toward the requirement for that next compliance period. (There is no carryforward of credit hours from one compliance period to the next. [Rule 2.72(D)])
Are there limits on how a Leadership Bank may market their Leadership Bank designation?
Any marketing of or other communication or publication regarding your institution’s participation in the State Bar’s Leadership Bank program must be limited to the fact that your institution has been recognized by the State Bar for paying higher rates on IOLTA accounts, resulting in increased funding of free legal services for those in need. Leadership Banks may not state or imply that the State Bar has endorsed them generally or made any other endorsements or representations about their products or services. Failure to comply with these requirements may result in, withdrawal of the Leadership Bank designation, and withdrawal of all State Bar approval, endorsement, and connection, including the ability to offer IOLTA products.
What security training and certification do Live Scan vendors complete in order to submit fingerprints to the DOJ?
The State Bar has no authority and involvement with the security training and certification of Live Scan vendors. California law requires any individual who rolls fingerprints manually or electronically for licensure, certification and/or employment purposes to be certified by the state Department of Justice (Penal Code section 11102.1). For more information go to the California Department of Justice website.
Is the State Bar covering the costs of fingerprinting?
No. However, attorneys granted a specified fee reduction at 25 or 50 percent rate will be eligible to receive a one-time credit on their annual billing to cover a portion of the DOJ and FBI processing fees.
I am an inactive attorney. Do I need to satisfy the fingerprinting rule requirements?
No. Currently, you are not required to take any action. Prior to returning to active status, you will be required to satisfy the fingerprinting rule requirements.
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