Can my attorney require me to participate in mandatory fee arbitration?
The program is generally designed so that a client may require their attorney to participate in fee arbitration. However, an attorney may require the client to participate if the client and attorney have a signed agreement to submit fee disputes to a mandatory fee arbitration program. In general, binding arbitration agreements are not enforceable if they were entered into before the dispute arose.
Does a PowerPoint presentation qualify as written materials?
PowerPoint presentations that include substantive written information relevant to the MCLE activity and discuss the content and/or legal authorities discussed during the MCLE activity may qualify as written materials. PowerPoint presentations consisting primarily of pictures and a few pages of large text do not qualify.
Can I use my own Evaluation, Record of Attendance, and Certificate of Attendance or Completion forms?
Yes, provided that the forms contain the required information as outlined in the MCLE Provider Rules.
Is it possible to get my podcast approved for MCLE credit?
Yes, however, a live podcast can only be approved retroactively. A prerecorded podcast may be approved in advance of air date if a transcript of the podcast is submitted as part of the application.
Do prerecorded recordings/CDs/webinars or on-demand activities qualify for participatory or self-study MCLE credit?
Prerecorded programs only qualify for self-study MCLE credit if the provider is able to verify attendance. If this is the case, then the prerecorded program may be eligible for participatory MCLE credit.
Can I issue Certificates of Attendance to participants if my activity is not yet approved?
No. A Certificate of Attendance cannot be issued until the MCLE program has been approved by the State Bar.
Can one MCLE program qualify for participatory and self-study MCLE credit?
Yes, a single program can be offered for either self-study or participatory credit. However, an attendee can only be given credit once as either participatory credit or self-study, not both. If the provider records the attendance, capturing the name and bar number, the attendee can receive participatory credit. If no attendance record is verified by the provider, the credit is self-study.
How should we proceed if we do not have a licensee’s bar number to include on the Record of Attendance?
The provider’s Record of Attendance form must include the bar numbers of all California licensees participating in the activity. It is the provider’s responsibility to obtain this information from the attorney prior to submitting their Record of Attendance form to the State Bar.