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 changed my last name. Does my compliance group change?
An attorney's compliance group never changes, even if a last name is changed. Attorneys always remain in the compliance group to which they originally were assigned. See Compliance Groups for more information.
How many JNE Commission members are assigned to investigate a candidate?
For Trial Court: Two or more commissioners, at least one of whom is an attorney member; for Supreme and Appellate Courts: Three or more commissioners, at least one of whom is a public member.
What are the requirements to register as a law corporation with the State Bar?
A Certificate of Registration as a Law Corporation will be issued if the applicant is a professional corporation certified by the Secretary of State and each shareholder is an active member of the State Bar or licensed to practice in the jurisdiction or jurisdictions in which the person practices. For a complete list of requirements, read the Law Corporation Rules of the State Bar of California.
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.
Do I earn self-study or participatory credit for watching approved videotapes or listening to approved audiotapes?
Participatory credit for watching or listening to an approved education activity recorded on electronic media is available if:
the provider has the attorney sign in at the time of the activity and keeps a record of attendance;
the program is approved for participatory credit; and
provider gives the attorney a certificate of attendance.
Otherwise, an attorney receives self-study credit.
Can the JNE Commission nominate or appoint judges?
No, that is entirely a gubernatorial prerogative.
What is a Special Master?
Special Masters are volunteer attorneys who accompany peace officers in searches for documentary evidence in the possession of or under the control of attorneys, physicians, psychotherapists and clergy.
Are attorneys allowed to accept an advance fee if they place the fee in a Client Trust Account or escrow account until they complete all contracted services?
No. The language of Civil Code section 2944.7(a)(1) is sufficiently broad and prohibits the collection or receipt of any fee for loan modification services prior to the completion of all contracted services.
What evidence does the arbitrator use to make a decision?
One of the first things the arbitrator will look at is whether there is a written fee agreement. If there is, the parties should submit a copy of the agreement to the arbitrator. In most instances, lawyers are required to use written fee agreements. If they do not, however, they are still entitled to a reasonable fee. The arbitrator will also consider the testimony of the parties, the billing statements, and other relevant evidence presented.
What documents should I submit and how should I organize them?
You may want to consider submitting any letter or documents that may support your claim. These include but are not limited to the lawyer’s billing statement, evidence of payments to the lawyer (e.g., copies of void checks), and any written fee agreements. Any other letters or documents that support your claim. You should have your documents organized in the order in which you plan to present them. Putting them in order by date is one common way to do this. You should also plan to have additional copies of the documents you intend to present so that you can give the copies to the arbitrator and the attorney whose fees you are disputing.
What is the award?
The award is the decision of the arbitrator and specifies whether you owe money to the lawyer, whether the lawyer owes money to you or whether neither of you owes any money.
Does the rule apply retroactively?
It may. A lawyer’s duty to report another lawyer begins on the rule’s effective date: August 1, 2023. However, to the extent a lawyer knows of credible evidence of another lawyer’s conduct that occurred prior to August 1, 2023, the lawyer is obligated to report that past conduct because the lawyer’s knowledge exists on or after the effective date of rule 8.3.
Can I be disciplined for failing to report my own misconduct under rule 8.3?
No, rule 8.3 applies to reporting misconduct of another lawyer. However, licensees have self-reporting obligations, and this rule does not excuse a lawyer from reporting their own conduct in certain instances. (See Rule 8.4.1(d) & (e); Bus. & Prof. Code, § 6068, subd. (o).)
Do I need to complete a course in one sitting?
No. E-learning courses can be completed on your schedule, at your own pace. Leave the course at any time and your progress will be saved until you return. Depending on the type of screen you are on when you exit, the course will resume at that point or at the beginning of the same section. Once you complete the course, you will be given access to a certificate that can be saved or printed to document course completion.
IMPORTANT: Upon returning to the course, you must answer “Yes” to the introductory question “Would you like to resume where you left off?” If you answer “No” to the introductory question, the course will be reset to the beginning and any record of your prior progress will be lost.
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