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.
I reside out of state but decided to travel to California to be fingerprinted using a California Live Scan service. However, I was sent a rejection notice regarding my Live Scan fingerprints. What should I do?
You have two options: (1) You can return to California and follow the instructions for being re-fingerprinted by a Live Scan vendor using the same OATI number; OR (2) You can order fingerprint cards and follow the instructions for out-of-state attorneys or out-of-country attorneys.
Where can I find information about client trust accounts?
Who is responsible for the oversight of the IOLTA program?
The IOLTA Program is a department within the State Bar of California that administers IOLTA accounts, as well as two other sources of funding for free civil legal aid to low-income and indigent people: the California Equal Access Fund and the Greg E. Knoll Justice Gap Fund.
The State Bar initiated the IOLTA Program due to the lack of resources available for indigent clients who are in need of civil legal services. The substantial amount of money the program generates makes it possible for hundreds of thousands of these people to get the legal help that they need every year.
A 21-member Legal Services Trust Fund Commission appointed by the State Bar's Board of Trustees and the Chief Justice (on behalf of the Judicial Council of California) oversees the Trust Fund Program. Two-thirds of the commission members are attorneys and one-third are public members.
At least two of the 21 members must be "indigent persons" as defined by law. Three judges serve as non-voting advisors to the commission.
The Commission determines the eligibility of programs applying for funding, reviews recipients' budgets for compliance with the law, and monitors and evaluates the activities of programs receiving Trust Fund Program grants.
I purchased a CLE package. Do I need to list every course on the summary log?
Yes. You must enter each course included in the package into the online summary log and provide a copy of any proof of completion it may have included (for example, a log and witness statement, if the MCLE bundle include them.)
Section 1524 of the Penal Code requires that Special Masters be used in conducting searches under search warrants for documentary evidence in the possession of or under the control of certain professionals. Special Masters have been required since 1979. The use of Special Masters is designed to balance the interests of professionals and their clients in protecting confidentiality and of prosecutors in securing evidence of suspected criminal activity.
May attorneys who provide a borrower loan modification or other forbearance services agree with the borrower that the services requested will be broken down into component parts and that a fee for each component part will be earned and collected as each part is completed?
If an attorney has been employed by a borrower to assist the borrower in obtaining a loan modification or forbearance, then the answer is “no.” It is a violation of SB 94 to attempt to obtain a payment for any portion of the services contracted for in pursuit of the modification or forbearance prior to the completion of all the services required by the employment contract.
Are we allowed to settle the fee dispute before the arbitration hearing?
Yes. Parties are encouraged to discuss the dispute prior to arbitration and to try to settle it informally. Fee disputes sometimes occur because the lawyer and client have stopped communicating with each other. Sometimes, discussing the dispute may lead to early settlement. Some fee arbitration programs will refund a portion of the arbitration filing fee if the dispute is settled early in the process. Check the rules of the program you are using.
What does the arbitrator expect from the parties?
The arbitrator will expect the parties to be fully prepared to explain and support their positions on the value of the lawyer's services and to have all 2 Rev.4/7/2021 documents and witnesses organized and ready at the hearing. The arbitrator will not expect you to act like a lawyer, but they will expect your case to be presented in an organized and efficient manner. If you have documents to submit, provide copies to the arbitrator and the attorney whose fees you are disputing before the hearing.
Will the arbitrator ask questions?
The arbitrator may ask questions at any time. Sometimes the arbitrator will ask questions while you or the lawyer are presenting your case if clarification is needed.
Why is rule 8.3 important?
Lawyers are often in the best position to know if another lawyer is not fulfilling their ethical obligations and violating the Rules of Professional Conduct. Reporting another lawyer’s possible misconduct assists the State Bar to protect the public, the courts, and the legal profession from lawyer harm; helps to maintain the integrity of the legal system; and furthers public trust in the legal profession.
What if I am not sure whether I have a duty to report misconduct under rule 8.3?
If you are not sure whether you have a duty to report misconduct under rule 8.3, you may consult with another lawyer. See rule 8.3, comment [2]. A lawyer may, but is not required to, report any other violation of the Rules of Professional Conduct or the State Bar Act that is not required to be reported under rule 8.3. See rule 8.3(b), comment [4].
What is a learning page?
The Learning Page organizes the courses under two tabs: To-Do and Completed. The To-Do tab lists courses that are in-progress or that you have not started. The Completed tab lists courses that you have completed.
Does the New Attorney Training Program apply to attorneys licensed in other jurisdictions who have been newly admitted to the State Bar of California?
Yes. All persons newly admitted to the State Bar of California are required to complete the New Attorney Training Program.
Can my assistant, paralegal, or associated California attorney submit a PHV application on my behalf?
Yes. Paralegals and assistants must create their own account in the Office of Admissions' Applicant Portal using their own credentials (email address and name). Once the paralegal or assistant has access to the Applicant Portal, they may submit a PHV application with the fee on behalf of the out-of-state attorney.
A licensed California attorney may also submit a PHV application on behalf of the out-ofstate attorney. The California attorney must sign into the Applicant Portal using their credentials or contact the Office of Admissions at 800-843-9053 to reset their login information for the Applicant Portal.
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