Proposed Amendments to Rules Governing Minimum Continuing Legal Education (MCLE)

The State Bar seeks public comment on proposed amendments to State Bar Rules governing MCLE.

Deadline: June 23, 2023, 11:59 p.m.

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.

Background

The State Bar establishes and administers the MCLE program for attorneys licensed in California. This includes regulating licensee compliance with the MCLE requirements and administering a system for approving the activities of MCLE providers.

The State Bar issued proposed amendments to the rules governing MCLE, including those applicable to licensees and MCLE providers, for a 90-day public comment period. Based on the initial public comment, the State Bar staff revised proposed amendments to select rules, described in detail below.

Discussion/proposal

Proposed State Bar rule 2.84, as revised following initial public comment, would allow attorneys to receive MCLE credit for coaching students, servings as an attorney scorer, and/or presiding as judge over mock trial, moot court, arbitration, and mediation competitions at the middle school, high school, collegiate level, graduate, and law school level. Attorneys would be able to claim up to two hours of general credit during a compliance period.

The proposed revisions to the rules for MCLE providers are intended to improve efficiency, reduce duplication, and facilitate provider compliance. In response to public comments previously received, staff seeks public comment on further proposed amendments as follows:

  • Proposed amendments to rule 3.601(O) and (P) are withdrawn. The rules continue to require attorney responsibility for ensuring that they are only claiming credit for an MCLE activity that they are fully participating in and existing rule 3.600(H) continues to require MCLE providers to verify attendance and plans to provide guidance in an FAQ.
  • Proposed amendments to rule 3.602 are withdrawn based on necessary improvements to the Provider Information Management System.

Proposed amendments to rules 3.602(D) and (E) would clarify the distinction between a Certificate of Attendance and a Certificate of Completion that is provided to an attorney for completion of a participatory MCLE activity or a self-study MCLE activity, and the information required on each certificate.

Proposed amendments to rule 3.609 would require providers to certify that they reviewed all self-study activities within 12 months of the MAP's renewal application to ensure accuracy, relevance, and quality.

Proposed revisions to rule 3.610 would clarify the requirements for providers who wish to become MAPs in multiple legal specialties.

Proposed new rule 3.611 would allow for different fees for for-profit and nonprofit or government providers and to allow for late fees.

Any fiscal/personnel impact

If proposed rule 3.611 is approved, it would allow for the State Bar to collect certain late fees and charge different application and renewal fees to for-profit and nonprofit MCLE providers.

Background material
  • From the Board of Trustees meeting May 18–19, 2023: Agenda Item 60-5 Proposed Amendments to Rules Governing Minimum Continuing Legal Education – Attorney Required Activities and Rules for Providers: Return from Public Comment and Request to Circulate Select Rules for an Additional Public Comment Period
  • From the Board of Trustees meeting Nov 17–18, 2022: Agenda Item 705 Proposed Amendments to Rules Governing Minimum Continuing Legal Education: Request to Circulate for Public Comment 
Source

Board of Trustees sitting as the Regulation and Discipline Committee

Deadline

June 23, 2023, 11:59 p.m.

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.