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.
Do I have to provide my social security number on the California DOJ Live Scan form?
Providing a social security number is not legally required; however, DOJ procedures recommend providing the social security number on the Live Scan form. Further, many Live Scan vendors will refuse to submit your information without a social security number.
If you are uncomfortable with a Live Scan vendor retaining your social security number, we recommend redacting the number from the Live Scan form after the Live Scan vendor enters your information into the Live Scan software for transmission to the DOJ. The Live Scan vendor will then retain the redacted Live Scan form for their records. If a social security number is not provided, processing can be delayed.
I don’t live in California. Will I have to travel back to California to be fingerprinted?
No. Attorneys who live out-of-state can request hard copy fingerprint cards from the State Bar to be mailed to their preferred location. The cards can be completed at any fingerprint processing location within the jurisdiction in which they are located. For more information go to Fingerprinting Rule Requirements.
What information will the State Bar receive back from the DOJ and/or FBI?
The State Bar will receive criminal record information from both the DOJ and the Federal Bureau of Investigation (FBI). This information specifically includes a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, court-ordered rehabilitation conditions, and release. The DOJ will send the State Bar notification of subsequent California arrests and the disposition of those arrests. At this time, the FBI will not send notification of out-of-state arrests to the State Bar.
Are State Bar investigations into attorney misconduct public or confidential?
State Bar investigations and inquiries are, by statute, confidential. The complaint becomes public when disciplinary charges are filed against an attorney in State Bar Court. By law, however, any other pending investigations involving the same lawyer must remain confidential at that point. If it is determined that public protection is seriously at stake in a particular case, the Chief Trial Counsel does have the authority to publicly reveal a pending investigation.
If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.
What kinds of violations typically result in disbarment and other levels of discipline?
Each case is different. But most disbarred attorneys fall into one of two categories: They committed a very serious violation, such as perjury or stealing client funds, or they have a history of misconduct.
Reproval, either public or private, usually is reserved for first-time offenders whose misconduct falls on the low end of the scale.
For example, abandoning one client might lead to a private reproval or remedial action, such as Ethics School. Abandoning 12 clients, however, would likely result in much more serious discipline.
An attorney is placed on probation so that his or her conduct in the practice of law can be monitored - much like supervised probation in the criminal justice system.
Occasionally, another practicing attorney -- serving as a probation monitor -- meets with the disciplined attorney. The disciplined attorney then files regular reports and could be required to meet special conditions during the probationary period. Most conditions of probation are monitored by the Probation Unit.
May I provide personal or individual representation to anyone other than through my employer?
No. You must practice law exclusively on behalf of the qualifying legal services provider (with the exception that you may practice simultaneously as registered in-house counsel).
What is a qualifying legal services provider?
An entity that is either a California nonprofit corporation or a project of an accredited law school and that provides free legal services to indigent persons as its primary purpose and function. See Rule 9.45 for details.
Who qualifies as a non-litigating attorney under rule 9.48?
An attorney licensed to practice law in one or more U.S. jurisdictions other than California who is providing legal assistance or legal advice concerning a transaction or other non-litigation matter, a material aspect of which takes place in a jurisdiction in which the attorney is licensed, or on an issue of federal law or the law of a jurisdiction other than California. See General Information FAQs for additional information.
How do I register as in-house counsel?
Submit a registration application, which includes an Application for Determination of Moral Character, to the State Bar with the appropriate fees. MJP registration applications are available online. The moral character application is available, but must be submitted with the MJP application, not separately.
Can I practice law while I wait for the results of the moral character application?
Yes
Are attorneys licensed only in foreign countries eligible to practice under the MJP rules?
No. The only eligible attorneys are those who are licensed attorneys in good standing of the bar of at least one U.S. state, territory, jurisdiction, possession or dependency.
Do I already have to be retained by a client in the matter for which I am providing legal services in California?
Yes.
Do I already have to be retained by a client in the matter for which I am providing legal services in California?
Yes.
Do providers report to the State Bar each time I attend a participatory CLE activity?
Neither licensees nor providers report attendance at an approved activity to the State Bar of California. Rather, licensees are responsible for keeping track of their own education. Attorneys must keep the certificates of attendance that providers distribute when attending a participatory education activity. (Providers are required to keep a record for four years of licensee's attendance at provider's participatory activities. Duplicate certificates of attendance may be available from the provider.)
Please note that a personal CLE log of self-study education activities must also be maintained. See Compliance Information for Record Keeping Requirements.
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