Frequently Asked Questions: MCLE Providers

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 three 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

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 three years.

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.

What activities qualify for general MCLE credit?

Activities that qualify for general MCLE credit are those that relate to legal subjects directly relevant to State Bar licensees and have current significant educational, professional, or practical content, with an objective to increase each participant’s professional competency as an attorney. Activities designed for nonattorney participants do not qualify and will not be approved for general MCLE credit. More on Standards for MCLE Activity Approval

Does workplace sexual harassment training qualify for MCLE credit?

Courses required by AB 1825 (mandatory sexual harassment awareness and prevention training for personnel managers) are approved for recognition and elimination of bias MCLE credit.

How far back can a provider seek retroactive approval for a single activity?

Up to two years from the date of the activity.

When does the approval period begin for an activity that is approved retroactively?

Generally, from the date of the single activity or from the date noted in the approval email sent to the provider.

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;

• 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.

How does a provider track attendance during Zoom or other virtual sessions?

Using Zoom software, providers can track the time at which attendees log in and log out of each session. It is also acceptable to use codes or pop-up verification windows throughout the virtual presentation as methods of verifying attendance.

What can be considered as written materials?

Handouts, presentations, or other written materials containing substantive written information relevant to the MCLE activity and discussing the subject matter and/or legal authorities discussed during the MCLE activity.

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.

Is it the responsibility of the provider or the attorney to report credit hours earned to the State Bar?

The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period.

How long must an activity be in order to be considered for or qualify for MCLE credit?

The minimum length is 30 minutes.

Does an assessment test need to contain a specific number of questions to be considered substantive and have the potential to qualify for MCLE credit?

The State Bar recommends a minimum of 10 questions per 30-minute activity segment to be considered substantive.

Can the same instructional time be applied to two different subfields?

No, the same instruction time cannot be allocated to more than one subfield. The instruction time can, however, be divided among multiple subfields.

Can the same instructional time be applied to a legal specialty area and to one of the subfields?

Yes, the same instruction time can be allocated to a legal specialty area and to one of the subfields.

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., .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 .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.

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 .75 hours).

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.