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.
Why is there interest included in my total debt balance?
Business and Professions Code section 6140.5 authorizes the State Bar to collect interest on CSF payments due. The interest rate is approved annually by the Board of Trustees (CSF Rule 3.45), and has been set at 10 percent per year, calculated from the date of disbursement. Judgments with underlying CSF debt also accrue interest on the CSF payments at the same rate.
What if my employer has already implemented at least five of the ten Action Items? Do I need to wait a year to receive the DEI Leadership Seal?
If your organization has already implemented five of the ten Action Items (including the two that are required) at the time of application, please indicate that on your application and provide the requested documentation. If your employer’s implementation of the Action Items is sufficient, you can receive the DEI Leadership Seal as soon as your application is reviewed.
Where did the list of Action Items come from?
The Action Items were derived, in part, from the Calls to Action in the State Bar’s 2022 Diversity Report Card and based on research on best practices to improve workplace diversity, equity, and inclusion as well as feedback from various stakeholders across a variety of sectors in the legal profession. The Calls to Action, available by sector, provide additional best practices and resources. Calls to Action for attorneys are also available to encourage individuals to take an active role in advancing DEI in the workplace.
What benefits are available to participating employers?
Participating employers and seal recipients will be listed on the State Bar website. The State Bar plans to provide opportunities for participating employers to convene and discuss their DEI efforts, for example, at future Diversity Summits. The State Bar regularly hosts Diversity Summits to convene stakeholders to present and discuss diversity, equity, and inclusion best practices in the legal profession.
The State Bar is also exploring additional benefits and opportunities it can provide to or facilitate for participating employers and seal recipients. These might include opportunities to participate in social media campaigns about the program, preferred job boards, and career fairs.
1.3 What are entrusted funds and how must they be handled?
All funds received by a lawyer in connection with legal representation in which a client or a third party has an interest are funds that must be deposited in a trust account. Examples include advances for fees received from clients (until they are earned by the lawyer), funds of others that are being held for disbursement at a later time, personal injury awards, and litigation settlements.
Client and third-party funds must be held in either an IOLTA or non-IOLTA type client trust account. The definitions of each are as follows:
IOLTA—An attorney or firm that holds funds for a client or third party that are nominal in amount or are held for too short a time to earn interest income for the benefit of the client or third party in excess of the cost to hold the funds in a separate account is required to place those funds in an IOLTA account. (Bus. & Prof. Code, § 6211, subd. (a)). A California IOLTA account must be established and maintained with an eligible institution that offers IOLTA accounts that meet certain requirements. The State Bar website has a list of IOLTA-eligible institutions.
Non-IOLTA—An attorney or firm that holds funds for a client or the benefit of a single party in a matter that is large enough to generate more than nominal interest, or an attorney who holds funds for a single party for an extended period must hold such funds in a non-IOLTA trust account. An example would be funds held by the administrator of a family trust. The attorney must use a non-IOLTA account because these entrusted funds will earn interest in excess of the costs to maintain the account. The interest earned goes to the client or third party. (Bus. & Prof. Code, § 6211, subd. (b)).
When registering a client trust account as part of CTAPP, you must identify the trust account type. The account will either be IOLTA or non-IOLTA; an account will never be both. The account type was established at the time the account was opened and does not change. A California IOLTA must bear the State Bar of California’s Taxpayer Identification Number to ensure that interest or dividends generated by this account will be paid to the State Bar’s IOLTA program. A non-IOLTA will bear the Social Security Number or Tax ID number of the client or third party.
2.6 I have already completed my reporting, but I want to change an answer during the annual CTAPP reporting period. How do I do that?
If you have already completed your CTAPP reporting for the current period and you want to change an answer before the reporting deadline, you can access the CTAPP reporting page by logging in to My State Bar Profile. On your Client Trust Reporting page (third blue tab at the top), click the CTAPP Annual Reporting tile. You can click through the pop-up warning that says you have already submitted your CTAPP Annual Reporting declaration and that you will have to resubmit your declaration, or you will be out of compliance. NOTE: Even if you make no changes, be sure to click all the way through and resubmit your declaration.
2.13 How do I report changes to my trust accounts outside of the annual CTAPP reporting period (rule 2.2(C) of the Rules of the State Bar)?
A lawyer must report any changes to their client trust account to the State Bar within 30 days. A lawyer may add or close an account using the 30-day reporting window in My State Bar Profile, and a firm administrator may add or close an account or add or remove an attorney from an account through the 30-day reporting window in the Agency Billing platform. When a firm administrator adds a new attorney or removes an attorney from a trust account, they provide the effective date and reason for the disassociation as part of the reporting.
3.3.3 The bank holding my trust account was acquired by or merged with another bank. The new bank changed my routing number and/or account number, but I cannot update those fields during my CTAPP reporting. How do I report this change to my account?
The trust account reporting system does not allow changes to routing numbers or account numbers of previously registered trust accounts. To report this change, please close the registration of the existing account by clicking the “Update Account Information” link and then entering, in the “Edit Close Date” tab, the date the account was changed to the new routing and account number. You will also need to enter the balance on that date.
You can then register the account with the new routing number and account number. In the open date field, please enter the date the account was changed to the new routing and account number. Please be sure to enter the bank balance of the new account as of December 31.
4.2 I am licensed in multiple jurisdictions, and I maintain an active California license. I have clients in California and clients in another jurisdiction, and I maintain client trust accounts in California and another jurisdiction. Do I need to report my client trust accounts located in another jurisdiction?
Unless exempt (see FAQ 2.3, above), California licensees, regardless of where they practice, must still comply with the CTAPP reporting requirements. A licensee who was responsible for client funds and funds entrusted by others under the provisions of rule 1.15 of the California Rules of Professional Conduct must, annually, register each and every trust account in which the licensee held such funds at any time during the reportable time period by identifying account numbers and financial institutions in a manner prescribed by the State Bar for such reporting. There is no exception for out-of-state accounts.
What are pro bono legal services?
Per Business and Professions Code 6073.1(c), pro bono legal services means providing or enabling the direct delivery of legal services without expectation of compensation from the client other than reimbursement of expenses to any of the following:
An indigent person, as defined in subdivision (d) of Section 6213.
A charitable, religious, civil, community, governmental, or educational organization in matters that are designed primarily to address the needs of persons of limited means.
A charitable, religious, civil, community, governmental, or educational organization in matters in furtherance of its organizational purposes.”
In general, pro bono work done through any State Bar legal aid grantee organization or “a nonprofit organization that provides civil legal services for the poor without charge” qualifies as pro bono legal services and should be reported as a part of this requirement. See Business and Professions Code section 6159.51.
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