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.
3.4.3 Why am I being required to take a self-assessment on client trust accounting practices, and is it a wrong answer if I respond “no” to any of the self-assessment items?
The required self-assessment is a tool to help attorneys evaluate their current practices and to provide citations to relevant rules and other references, including sections of the Handbook on Client Trust Accounting for California Attorneys. The objective is to promote awareness of duties and facilitate thoughtful consideration of any possible changes to an attorney’s current practices.
Given the great variety of practice settings, including situations where an attorney’s practice is conducted in part or completely in another state with different rules, an attorney might appropriately respond “no” to a self-assessment item. Responding “no” should not be considered a wrong answer when that response accurately reflects an attorney’s current practices. However, if you respond “no” to any question, you may want to consider carefully whether you should make changes to your trust account management practices. Even if you decide not to change your trust account management practices, you should consider documenting in your records the purpose of any “no” responses. The self-assessment questions may be reviewed if you are selected for a compliance review. Documentation will assist the reviewer to quickly understand the purpose of the firm’s practice.
In taking the self-assessment, if an attorney is unsure about how California rules and recordkeeping standards apply to a specific practice setting, an inquiry to the Ethics Hotline research service at 800-238-4427 (toll-free in California) can be helpful. The Ethics Hotline might be able to provide more citations and resource references than the ones included in the self-assessment. The Ethics Hotline cannot provide legal advice, nor tell you how to comply with any of the CTAPP requirements, including the self-assessment.
Only by thoughtfully and honestly completing the self-assessment will an attorney realize the benefits of this compliance tool. Please keep in mind that the self-assessment questions are framed in the present tense and as such, they do not elicit information about prior conduct. Most importantly, what is learned from the self-assessment should inform an attorney’s future conduct in providing competent and professionally responsible services when handling funds and property of clients and others.
What is required?
The State Bar encourages, but does not require, active California licensees to provide pro bono legal services each year. While providing pro bono or reduced legal fee services is not mandatory, licensees are required by Business and Professions Code section 6073.2 to annually report the amount of these services performed each year. Licensees will report either their hours in ranges (e.g., less than 1 hour, 1-5 hours, 6-10 hours, 11-19 hours, etc.), that they did not track their pro bono or reduced fee legal services hours, that they did not complete any pro bono or reduced fee legal services hours, or that they decline to answer.
Does the State Bar have a program for attorneys that only want to do pro bono work?
The State Bar’s Pro Bono Practice Program (PBPP) allows attorneys who would otherwise be inactive to maintain an active license, free of fees, to exclusively provide pro bono legal services in partnership with a pro bono legal services provider. For more information on the PBPP, maintain an active license, free of fees, to exclusively provide pro bono legal services in partnership with a pro bono legal services provider. For more information on the PBPP, see the program webpage.
What is the minimum number of pro bono hours an attorney should provide each year?
While there is no requirement to provide pro bono hours, the State Bar encourages attorneys to provide at least 50 hours of pro bono legal services annually. However, any amount will have a positive impact on the individuals and groups served.
Attorneys are also encouraged to contribute financial support to nonprofit organizations that provide pro bono legal services, especially those attorneys who are unable to directly render services. Options include making a contribution directly to a legal aid organization or donating to the Greg E. Knoll Justice Gap Fund through your annual fee statement, or at any other time in Agency Billing or My State Bar Profile. See the Pro Bono Resolution on the State Bar’s website.
What types of questions can the Ethics Hotline help with?
The types of ethical questions that the Ethics Hotline can assist with include, but are not limited to, the following:
Conflicts of interest
Communication with the represented person
Duties of confidentiality and competence
Advertising and solicitation
Fee arrangements and client trust accounting
Withdrawal from representation of a client
Other issues under the California Rules of Professional Conduct and Business and Professions Code
Staff can provide citations to relevant rules, cases, and ethics opinions (State Bar or local bar associations).
What happens after the Board receives the proposal?
Prior to adopting any rules, the Board is required to issue the proposal for a public comment period. The Board will then review feedback and decide whether to adopt the proposal, revise it, or send it back to staff or the Working Group for further work.
How can I find a certified legal specialist?
To search for certified specialists, please visit the Attorney Search webpage, select the Certified Specialists link, and use the drop down to search by certified legal specialty. You can further refine the results by adding geographic limitations (e.g., city or county).
If I am unable to do pro bono work, can I make a financial contribution?
Absolutely! All attorneys are encouraged to contribute their time and/or financial support. Please consider making a contribution directly to a pro bono legal services provider, or contribute to the Greg E. Knoll Justice Gap Fund annually through the State Bar licensee fee statement or on the State Bar’s website.
Can I submit all of my hours as self-study?
No. To complete the audit you need to submit proof of completion of the required number of participatory courses. At least one-half of any MCLE requirement must be completed via participatory courses.
Who do I contact if I have a question about a refund?
What pro bono work can an attorney who is retired or taking a break from active practice do?
Retired attorneys or attorneys taking a break from the active practice of law can participate in a wide range of pro bono activities including mentoring, participation in a legal clinic or full representation. The State Bar waives the annual fee for those who practice solely for the purpose of providing pro bono legal assistance through pro bono legal services providers. For more information and an application see the Pro Bono Practice Program.
Does the State Bar have information about malpractice insurance?
The State Bar sponsors professional liability insurance through CalBar Connect.
Most legal aid and pro bono programs provide malpractice insurance for attorneys and other advocates volunteering through their organizations. You should always check with your pro bono provider for more specific information about coverage.
I’ve logged my courses into the online summary log. How do I submit my proof of course completion?
Once you have logged your courses into the online summary log, you must submit a Licensee Records and Compliance Inquiry with a copy of your certificates or other proof of course completion.
Or by mail: MCLE Audit Team
Licensee Regulation and Compliance
The State Bar of California
180 Howard St.
San Francisco, CA 94105
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