Participating in a course or educational activity may raise questions about its eligibility for Minimum Continuing Legal Education (MCLE) or Legal Specialty Minimum Continuing Legal Education (LSMCLE) credit. Similarly, if legal training or workshops are conducted at a law firm, both the organizers and participants may be eligible for MCLE or LSMCLE credit from the State Bar.
To qualify as legal education, an educational program must:
Relate to legal subjects directly relevant to licensees of the State Bar; and
Have current significant educational, professional, or practical content, with an objective to increase each participant’s professional competency as an attorney.
Additionally, MCLE activities for legal specialists must:
Provide high-quality legal education in one or more of the following areas of law eligible for LSMCLE credit:
Admiralty and Maritimes
Appellate
Bankruptcy
Criminal
Estate Planning, Trust, and Probate
Family
Franchise and Distribution
Immigration and Nationality
Legal Malpractice
Taxation
Workers’ Compensation
If you believe your activity meets the standards for MCLE credit, there are two options available:
Individual attorneys can complete and file an MCLE Credit Request Form to get MCLE or LSMCLE credit for their participation in that activity. Groups can apply to become an approved provider to grant MCLE or LSMCLE credit to multiple attorneys. Educational activities approved for legal specialization credit by the State Bar automatically qualify for general MCLE credit.
Additionally, a California attorney can claim California MCLE credit for education activities the attorney attends or does outside of California, provided that the activity was previously approved by an Approved Jurisdiction. In the event that the education activity is not previously approved for MCLE credit by either the State Bar or an Approved Jurisdiction, attorneys can submit an MCLE Credit Request Form to request for MCLE credit for their participation in the activity.
Calculating credit hours
MCLE credit is calculated based on the actual time attorneys spend in educational activities, rounded to the nearest quarter-hour. Countable activities include:
Speaking time (State Bar Rule 2.81)
Viewing video presentation or listening to audio recordings (State Bar Rule 2.83(A))
Preparing materials for publication (State Bar Rule 2.83(C))
Attending law school classes (State Bar Rule 2.80)
Teaching a law school course (State Bar Rule 2.82)
Serving as an attorney coach, scorer, or presiding judge for mock trials, moot court arguments, negotiations competitions, arbitration competitions, and meditation competitions involving substantive and procedural law at the middle, high school, college, graduate, and law school levels. (State Bar Rule 2.84)
Calculation formula
Actual time spent in legal education activity ÷ 60 = MCLE credit hours
Please note that California attorneys do not receive credit for break periods, lunch, or any non-legal education functions such as networking or company business meetings.
Speaker credit
Speakers receive credits equal to four time their actual speaking time. For example, a speaker who speaks for 15 minutes would receive one hour of speaking credit (i.e., 0.25 hours x 4 hours= 1.00 hours 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 to the nearest quarter-hour = 45 minutes or 0.75 hours).
The speaker should also receive credit for their attendance time less their speaking time. For example, a speaker who speaks for 15 minutes during a one-hour program would be eligible for 45 minutes attendance credit (i.e., 15 minutes speaking time minus 60 minutes program time = 45 minutes or 0.75 hours) and their attendance credit.
Please note: Four times the actual speaking time can only be claimed for the first presentation. Alternatively, a speaker may receive MCLE credit for actual speaking time only for each time a presentation is repeated without significant change (Rule 2.81(A)).
Panelist credit
Panelist credit hours should be calculated by dividing the actual program time by the number of panelists participating and adding the time spent in attendance at the remainder of the presentation. The following is an example of one-hour program with three panelists for which individual speaker times were not scheduled:
60 minutes (program time)/3 (number of panelists)= 20 minutes of speaking time for each panelist;
20 minutes (speaking time) x 4= 80 minutes, rounded to the nearest quarter-hour;
40 minutes (attendance time); = two hours of total speakinng time awarded to each panelist.
Alternatively, a panelist may claim actual speaking time only for each time a presentation is prepared without significant change (State Bar Rule 2.81(B)(2)).
Please note: Four times the actual speaking time can only be claimed for the first presentation. Alternatively, a speaker may receive MCLE credit for actual speaking time only for each time a presentation is repeated without significant change (Rule 2.81(B)).
Moderator credit
A licensee who introduces speakers or serves as a moderator may claim only the MCLE credit available to any attendee (State Bar Rule 2.81(C)).
