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.
What authorization does the State Bar have to require that I fill out the online form or submit to the audit?
The State Bar was charged with administering the MCLE program by an act of the California Legislature which amended B&P code to require MCLE for attorneys. The Supreme Court also authorized the program by rule of court, giving the State Bar authority to administer the program and to place non-compliant members on administrative Inactive status. State Bar MCLE Rule 2.73 authorizes the state bar to require certificates of attendance.
I don’t have any certificates for my self-study courses. How do I report those hours?
All of the hours taken, whether participatory or self-study must be logged on the Online Summary Log. The activities reported must be approved self-study activities.
Will I get a confirmation or receipt from the State Bar when my application has been processed?
No, not at this time unless specifically requested. The State Bar is in the process of acknowledging receipts of OSAAC Certificates. Also keep in mind that many arbitrators and/or arbitral panels accept the listing of the State Bar's name, address, and declaration of payment on a proof of service as sufficient proof that the State Bar has been served.
What kinds of activities count only for self-study credit?
The following activities count only for self-study credit:
No. The certificate should be mailed since it must include the $50 processing fee.
How much credit do I get for a self-study education activity?
Providers are not required to give a certificate of attendance for approved self-study education, but they are required to specify the total amount of credit hours available and the number of those total hours allocated to the special requirement areas.
Which areas does the California Board of Legal Specialization certify directly?
Eleven areas:
Admiralty and Maritime Law
Appellate Law
Bankruptcy Law
Criminal Law
Estate Planning, Trust and Probate Law
Family Law
Franchise and Distribution Law
Immigration and Nationality Law
Legal Malpractice Law
Taxation Law
Workers' Compensation Law
How are Special Masters appointed?
When a search warrant is issued for documents under the control of the specified professionals, the court appoints a Special Master to accompany the peace officer serving the warrant.
If the services to be provided are in fact loan modification services or other forbearance services, or are an integral part of such services, but the services are not expressly designated as “loan modification” services in the fee agreement, then does SB 94 apply?
Yes. SB 94 would apply even if the services are labeled as something other than loan modification services.
Who can answer my questions?
Questions should be directed to the administrator of the fee arbitration program you are using to arbitrate your dispute. Check the rules and/or forms given to you by the program for the administrator's address and telephone number or look under the Approved Programs. Unless the matter is urgent, the arbitrator assigned to hear your dispute should not be called.
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].
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