Good Cause Modification - Modified Requirements

If you have an unusual situation that makes it difficult for you to attend Minimum Continuing Legal Education (MCLE) activities, you can file a request for a “good cause modification” to allow you to meet your requirements.

There are some cases that warrant these kinds of requests:

• You have a mobility or other physical problem that makes it difficult to attend participatory education activities
• You have a personal or family emergency
• You live in a remote area that doesn’t have Internet access

In these cases you can make a special request for an extension to the deadline to comply with the MCLE requirement or to complete all 25 MCLE hours as self-study credits.

Whatever your situation, you must show good cause for your request. Not all requests are granted. See a list of caveats below.

How to file a request

To request a good cause modification, you must contact the MCLE Program to request an application and pay a $106 nonrefundable processing fee. The application is not available online. You must make the $106 payment payable to the State Bar of California. In your request, you can also ask for certain fee reductions:

• $26.50, if bar licensing fees “scaled” for current year
• Free, if bar licensing fees waived for current year
• You also can request waiver or reduction of the fee for other reasons

Caveats

Time extensions

If you can comply by June 30, there is no need to request an extension of time, although you must pay a $106 late fee if you have not filed your MCLE report by the deadline.

Limited practice, “retired,” fees scaled, or waived

Attorneys on voluntary inactive status do not have to comply with the MCLE requirement. But if your license status is listed as active on the State Bar’s website, you are expected to comply.

Here are some requests that the State Bar does not consider “good cause”:

• You are not actually practicing law
• You are practicing for a limited amount of time or for a limited client base
• Waiver or scaling of your active annual fee
• You practice in a narrow substantive area and believe that MCLE would not be helpful
• You believe that you do not need education in the special requirement areas of detection/prevention of substance abuse or of elimination of bias in the legal profession
• Compliance is inconvenient for you
• Your employment situation is similar to one of the categories that are exempt pursuant to Rule 2.54 of the MCLE Rules and Regulations
• Practice constraints, such as a big trial, do not constitute “good cause” for an extension of time

It is extremely unlikely that you will be granted an exemption if you are on active status. A request for modification of the requirement is more likely to be granted (i.e., request an extension of time to complete the requirement or request that you be allowed to fulfill the entire 25-hour requirement using the self-study options listed under Rule 2.83 of the MCLE Rules and Regulations).

If you are not practicing law, consider transferring to inactive status. Find out how to transfer to inactive status.