Illinois CLE: What if I did not complete my IL CLE credits by June 30?

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In order to fulfill the Illinois CLE requirement, attorneys that are members of the Illinois State Bar Association must complete at least thirty (30) IL CLE credit hours every two years.[1]  As part of the 30 credit hour IL CLE requirement Illinois attorneys must complete at least six (6) credit hours of Professional Responsibility.

Illinois CLE Compliance & Reporting

  • Reporting Cycle: 2 years
  • Compliance Deadline: June 30
  • Reporting Deadline: July 31

Illinois attorneys must report compliance with IL MCLE requirements every other year.[2]  Attorneys with last names that start with A-M must report in even numbered years, while attorneys with last names N-Z report must report in odd numbered years.  To avoid late fees and possible eventual suspension, you must complete all of your mandatory Illinois CLE hours by 11:59 PM on June 30 and your IL CLE compliance must be reported by 11:59 PM on July 31.

Your best option is to report non-compliance to the IL CLE Board by July 31 and you automatically receive a grace period until September 30.

If you did not meet the June 30 IL CLE deadline, you cannot list “complied” when you report your IL CLE compliance.  Your best option is to report non-compliance to the Board by July 31 (reporting deadline) and you automatically receive a grace period until September 30 to finish your IL CLE credit hours.[3]  You will also incur a $100 late fee instead of the $150 assessed for not reporting by July 31.[4]

Please click the following link for more information about Illinois CLE: IL CLE.

[1] Towards the end of the Illinois CLE compliance period, the Illinois MCLE Board will send you a form to report the number of IL CLE credit hours that you have completed during your compliance period.

[2] The IL CLE reporting periods last two years and runs from July 1 to June 30.

[3] IL MCLE FAQ

http://mcle.custhelp.com/app/answers/detail/a_id/414/session/L3RpbWUvMTQwNjA2NzY3MC9zaWQvLXFDU0FZWmw%3D

[4] The late fees are set by the Court and cannot be waived.

NY CLE: 4 Credit Hours of Legal Ethics

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New York has different CLE rules for experienced attorneys and attorneys that are newly admitted to the New York State Bar.[1]  If you are an experienced New York attorney you must complete a minimum of 24 NY CLE credit hours during each two-year reporting period.[2]  According to the NY CLE Rules, an “experienced” New York attorney is an attorney that has been admitted to the New York Bar for more than two years.

NY CLE Requirements — Experienced Attorneys

  • NY CLE Credits Required: 24
  • Reporting Cycle: 2 years
  • Compliance Deadline: Date of Birth
  • Reporting Deadline: 30 days after your birthday

Experienced attorneys in New York do have a specialty unit requirement.  Experienced attorneys must complete ethics courses to properly fulfill their NY CLE requirement.  As part of the NY CLE requirement experienced attorneys must complete 4 credit hours of Ethics and Professionalism every two years.  Ethics is widely construed and includes courses on substance abuse and “the promotion of fairness, justice and morality” in the legal profession.

(c) Ethics and Professionalism may include, among other things, the following: the norms relating to lawyers’ professional obligations to clients (including the obligation to provide legal assistance to those in need, confidentiality, competence, conflicts of interest, the allocation of decision making, and zealous advocacy and its limits); the norms relating to lawyers’ professional relations with prospective clients, courts and other legal institutions, and third parties (including the lawyers’ fiduciary, accounting and record-keeping obligations when entrusted with law client and escrow monies, as well as the norms relating to civility); the sources of lawyers’ professional obligations (including disciplinary rules, judicial decisions, and relevant constitutional and statutory provisions); recognition and resolution of ethical dilemmas; the mechanisms for enforcing professional norms; substance abuse control; and professional values (including professional development, improving the profession, and the promotion of fairness, justice and morality).[3]

If you need ethics or general CLE in New York we have you covered.  Attorney Credits is an Accredited Sponsor of CLE in New York and we have numerous courses on ethics, substance abuse and eliminating bias in the legal profession that qualify for ethics credit in New York.  For more information about the mandatory New York CLE requirement, please click here NY CLE.

[1] Attorneys that are newly admitted to the New York State Bar Association must complete a minimum of 16 “transitional” NY CLE credit hours in each of the first two years of admission for a total of thirty-two (32) CLE credit hours.  16 of those credit hours must be in the following areas: Skills, Ethics and Professionalism & Law Practice Management and/or Areas of Professional Practice. The first set of 16 transitional NY CLE credit hours must be completed by the first anniversary of admission to the New York Bar Association in the designated categories of credit. The second set of 16 transitional CLE credit hours must be completed between the 1st and 2nd anniversaries of admission to the New York State Bar.

[2] The two-year reporting cycle is defined as the two-year period between your attorney registrations.

[3] New York CLE Rules

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California MCLE Audit

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We all know that December 7th is a day that will live in infamy in the immortal words of FDR.  However, July 7th is a day that might live in infamy for some California attorneys.

This is the fourth year that the State Bar has conducted audits that could potentially result in disciplinary action. It’s also the largest audit group to date.[1]

That’s because July 7 was the day that the State Bar of California sent audit letters to over 5,000 California attorneys to ensure their compliance with California MCLE (Minimum Continuing Legal Education) requirements.  That means that nearly 10% of Group 3 (N-Z) attorneys will be audited for their CA MCLE compliance.  California attorneys must complete 25 credit hours every three years, including 4.0 credit hours of legal ethics, 1.0 credit hour of elimination of bias and 1.0 credit hour of substance abuse.  California attorneys must also complete a minimum of 12.5 credit hour of participatory credit.  Many attorneys fail to recognize this rule on participatory credit and take all 25 credit hours as self-study.

Can I submit all of my hours as self-study?[2]

No. To complete the audit you need to submit proof of completion of the required number of participatory courses.

If you are audited, keep two points in mind.  First, take the audit seriously and get it done.  Second, do not lie to the state bar.  Be as honest with the Bar and provide straightforward answers if you did not complete your CA MCLE requirement.  Attorneys that appear to have falsely declared their MCLE compliance will be referred to the Office of Chief Trial Counsel for possible disciplinary action.  Twenty-four attorneys have currently been disciplined in connection with the Cal Bar MCLE audits and one attorney has resigned with charges pending.  This is serious business.

For more information about the CA MCLE audit you can contact us by phone or email by clicking here: Attorney Credits. You can also take a look at the Cal Bar MCLE Audit FAQ page by clicking here: CA MCLE Audit FAQ.

[1] 5,500 attorneys expected to go through MCLE audit

http://www.calbarjournal.com/July2014/TopHeadlines/TH6.aspx

[2] MCLE AUDIT FAQS

http://mcle.calbar.ca.gov/MCLE/MCLEAuditFAQ.aspx

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CLE Course: Persuasion & Over-Aggressive Lawyering

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The barracuda… the bulldog… the great white – many attorneys compare themselves to aggressive animals to try and convince clients that they are ready to pick a fight on command and defend the claim to the death.  But is this ultra aggressive lawyering style the best approach to take?  Will being the ‘great white’ attorney help you to get the best result for your client?

“You’re not William Wallace.” – Chris Arledge

In this excellent, informative and entertaining course attorney Chris Arledge discusses the dangers of over-aggressive lawyering… sharks get eaten too!  The main topics discussed by Mr. Arledge include getting the best result for your client, the dangers of being the ‘great white’ attorney, using persuasion techniques to gain credibility with jurors & the court and the dangers of demonizing the opposing side.  To access the course please click here: Persuasion: The Dangers of Over-Aggressive Lawyering.

Further topics addressed include:

  • Your client’s best interest
  • Lost opportunity for agreement
  • Your options with a hot document
  • Commitment & consistency
  • Lost opportunity for resolution
  • The lack of credibility
  • Wasting resources
  • The judge’s reality
  • Ethos & attorneys
  • Carrot Top vs. Aristotle
  • Arguing a weak position
  • Using concessions to gain advantage
  • Your opponent is not Genghis Khan
  • Casting the opposing counsel as the most unethical lawyer in the state

Christopher W. Arledge is a co-founder and managing partner of One LLP.  His primary focus at One LLP is IP litigation – particularly disputes over copyrights, trademarks, and trade secrets.  In recent years, he has handled disputes involving the IP of celebrities like Madonna, Don Henley, Kobe Bryant, Bette Davis, and Perez Hilton.  Above all, lawyers are called to persuade – and Chris therefore studies and teaches the principles of persuasion.  He has taught the Art of Persuasion at Chapman Law School and has lectured on persuasion to some of the largest, most prestigious professional firms in the country, including Munger Tolles, O’Melveny, Jones Day, and Deloitte.  Chris has polished his advocacy skills outside the courtroom as well, taking part in speaking engagements and debates sponsored by groups such as the ABA, the Federal Bar Association, the University of Southern California, Chapman Law School, Whittier Law School, the Anti-Defamation League, California Lawyers for the Arts, and various Inns of Court and local bar associations.  Chris also serves as a legal expert on a number of nationally syndicated radio programs.

This CLE course on persuasion & over aggressive lawyering is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country.  For more information about CLE in California please click the following link: CA CLE.

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CLE Course: Basics of Conflicts of Interest

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Penalties for conflict of interest violations are severe and range from disqualification to disgorgement of fees.  However, despite the fundamental nature of conflicts and waivers, they still continue to plague many attorneys and continue to be a source of ethical and malpractice liability.  And conflicts of interest have only become a greater concern as increasingly more attorneys are changing firms and the corporate ‘client’ becomes harder to identify.

The ethical issues that are most fundamental to many attorneys in their practices involve conflicts of interest.

If you need to brush up on the fundamentals of conflicts of interest then join attorney Robert Kehr as he provides an overview of the main concepts of avoiding actual and potential conflicts in your practice.  The main areas addressed include the source of ethical conflict rules, ethical resources, the purpose of the Rules of Professional Conduct, the definition of a conflict of interest, the duties that a lawyer owes to the client, the basic conflicts rule, specific conflicts and giving the client informed consent of the conflict.  To access the course click here: Conflicts of Interest: The Basics.

Further issues addressed include:

  • The ABA Model Rules
  • Ethics opinions
  • Disqualification
  • Disciplinary proceedings
  • Fiduciary duties
  • Standards of civil conduct
  • Potential conflicts
  • Actual conflicts
  • The four major duties that a lawyer owes to a client
  • Model Rule 1.7(a)(1)
  • Examples of conflicts
  • Common examples of direct adversity
  • Model Rule 1.7(a)(2) & material limitation
  • The comments to the conflict rules
  • Competence
  • Full & unbiased disclosure
  • Confidentiality
  • Undivided loyalty to the client
  • Full disclosure to the client
  • Joint representation of clients
  • The importance of conflict letters
  • Revoking consent

Robert L. Kehr is a principal with Kehr, Schiff & Crane, LLP, in Los Angeles, where his practice includes business and real estate transactions and expert testimony on legal ethics.  He is a former chair and continuing member of the Los Angeles County Bar Association Committee on Professional Responsibility and Ethics and the current chair of the State Bar of California Committee on Professional Responsibility and Conduct.

This CLE course on conflicts of interest is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country.  For more information about CLE in New York please click the following link: NY CLE.

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Most Popular Non-Immigrant Employee Visas

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Nonimmigrant visas allow companies in the United States to take advantage of the worldwide talent pool by bringing the best employees from overseas to work here for a temporary period of time.  The non-immigrant visa permits the person to travel to the United States during the validity of the visa to accomplish a specific purpose such as visiting, studying or working in a specialty job.  Individuals who are traveling to the U.S. for a temporary purpose are classified as non-immigrants under United States law.

A non-immigrant visa is often utilized by an investor, a professional such as an engineer or specialty worker such as an athlete or entertainer.

In this new CLE course, immigration attorneys Amy Ghosh and William Levings provide a broad review of the most popular types of non-immigrant employee visas utilized by U.S. employers.  The following types of visas are discussed in the program: E-1, E-2, O, P and L-1.  The presenters also provide numerous practical considerations and practice points when clients are seeking to apply for the various types of visas.  To access the course click here: Most Popular Non-Immigrant Employee Visas.

Further topics discussed include:

  • The eligibility requirements that must be met for each visa
  • Similarities & differences between the 4 types of visas
  • Advantages & disadvantages of the four types of visas
  • The “substantial trade” & “principally between US and treaty nation” provisions of the E-1 visa
  • The nationalities that qualify for the E-2 investor visa
  • The definition of an athlete & entertainer for P-1 visas
  • P-2 Visas & Participants in Reciprocal Exchange Programs
  • P-3 Visas & Culturally Unique Groups
  • The use of L-1 visas by multi-national companies
  • L-1 visas & intracompany transfers
  • The L-1 blanket visa
  • Specific requirements for the L-1 employer & employee
  • Additional requirements for new offices under the L-1 visa & EB-1C category considerations
  • Gaining lawful permanent resident status

Amy Ghosh has years of success conducting deportation defense and asylum cases before the Immigration Court, and also handles H1B visa, Labor Certification, Naturalization, Citizenship, and other immigration processes.  In addition, she has trial and appellate experience in civil and family law cases. William F. Levings specializes in immigration law and has prevented many immigrants from being forcibly removed from the United States.  In addition to removal defense, Mr. Levings has also obtained permanent residence and citizenship for a number of clients.  He has successfully represented immigrants requiring Form I-601A waivers at U.S. Consulates around the world.  His emphasis is on EB-5 Investor Visas and he also represents clients seeking L-1, E-2, and H1-B visas.

This CLE course on the most popular non-immigrant employee visas is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois and around the country.  For more information about CLE in Illinois please click the following link: IL CLE.

CLE Course: Common Sense Rules of Trial Advocacy

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With so much at stake in today’s trials, trial attorneys must constantly refine their craft and hone their trial skills to achieve the best result for their clients at trial. From selecting your jury to delivering your final argument almost every tactical decision you make and deploy in the courtroom can affect the outcome of the case – even something as simple as where you stand in the courtroom.

“Common sense is very uncommon.” – Mark Twain

In this excellent new CLE course, trial attorney Roy Comer shares his thirty years of legal and trial experience with you by providing his thirty-two common sense rules of trial advocacy.  The main areas covered include basic & universal rules of trial practice, jury selection, opening statements, direct examination, cross examination and the final argument.  The course can be accessed by clicking the following link: Common Sense Rules of Trial Advocacy.

The rules discussed by Mr. Comer include:

  • Showing the jury the way home
  • Sticking to the truth
  • Looking like a lawyer
  • Not sounding like a lawyer
  • Using persuasion aids
  • Deselecting a jury
  • Listening more & talking less
  • Thinking big principle
  • Thinking story
  • The importance of simplicity & brevity
  • Sticking to the facts
  • Stating enough facts to justify the verdict
  • Preparing the jury for the boring bits
  • Laying a proper foundation
  • Not expecting the fact finder to believe the unbelievable
  • Embracing & dealing with the weak points in your case
  • Planning your movement within the courtroom
  • Listening intently
  • Keeping objections to a minimum
  • Varying the style of your questions
  • Controlling the witness
  • Stopping when you’ve accomplished your goals on cross
  • The perils of demanding “yes” or “no” answers from witnesses
  • Pinning down the witness before impeachment
  • Avoiding fishing expeditions
  • Never asking “Why?” and never asking “How?”
  • Arming your favorable jurors
  • Using emotion with caution
  • Clarify but don’t rebut during the final argument

For over thirty years Roy L. Comer has handled damage cases, including catastrophic personal injury and wrongful death cases arising from automobile, truck, motorcycle, medical negligence, defective products, and dangerous premises claims.  In addition, Mr. Comer has represented individuals and medium-sized businesses in real estate, landlord-tenant, insurance and contract disputes.  Defending these types of claims has provided Mr. Comer with further insight into how insurance companies approach and litigate these claims.  Mr. Comer’s clients depend on his experience, coupled with the highest legal, professional and empathic standards.

This CLE course on common sense rules of trial advocacy is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

 Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country.  For more information about CLE in New York please click the following link: NY CLE.

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VA CLE: VA CLE Deadline is October 31

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Attorneys licensed to practice in Virginia must complete at least 12 VA CLE credit hours each annual CLE compliance period.  As part of the 12 credit hour VA CLE requirement at least 2 credit hours must be earned in the area of legal ethics or professionalism.  Virginia recently amended its CLE Rules and at least 4 of the 12 required VA CLE credit hours must now be completed through live, interactive VA CLE programs.

Virginia CLE Compliance & Reporting Requirement

  • Reporting Cycle: Annual
  • Compliance Deadline: October 31
  • Reporting Deadline: December 15 

 

Virginia attorneys must complete the required 12 credit hours of Virginia CLE by October 31.  Virginia is a self-reporting CLE state and attorneys must report completion of the VA CLE requirement by December 15 to avoid fines.  To report VA CLE credit, Virginia attorneys can choose to report compliance via regular mail and attorneys may also report online through the Virginia Bar website.[1]

Certifying Your MCLE Attendance[2]

You may certify your attendance online with the required information or you must MAIL your Form 1, End of Year Report with any amendments and certification forms to the MCLE office.

If you fail to properly complete the 12 required VA CLE credit hours by October 31 you will be assessed a $100 non-compliance fee.  Failing to report your VA CLE compliance by the December 15 VA compliance reporting deadline will result in another $100 late filing fee.  For more information about CLE in Virginia please click here: VA CLE.

[1] This online certification of attendance function with the VA Bar may be used for CLE courses where you have received from the course sponsor a certification of attendance form which includes the Virginia course ID number.

http://www.vsb.org/site/members/certifying-your-mcle-attendance

[2] http://www.vsb.org/site/members/certifying-your-mcle-attendance

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Utah CLE: 24 Credit Hours Every 2 Years

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Utah attorneys that are on active status are required to complete at least 24 hours of approved UT CLE every two years, including a minimum of three hours of accredited legal ethics.  In Utah, 1 of the 3 required legal ethics hours must be in the area of professionalism and civility.

Utah CLE Compliance & Reporting Requirements

  • Reporting Cycle: 2 years
  • Compliance Deadline: June 30
  • Reporting Deadline: July 31

Attorneys whose UT CLE compliance is due must complete the UT CLE requirement by June 30.[1]  Your UT CLE compliance must be reported by July 31.  If your UT CLE requirement is not completed by June 30 or reported by July 31 there is a $100 late filing fee.

Self-study Utah CLE courses include audio and video presentations, computer interactive telephonic programs, writing and publishing an article in a legal periodical, part-time teaching by a lawyer in an approved law school, or presenting a paper or speech on a professional subject at a meeting primarily attended by lawyers, legal assistants or law students. The number of hours of UT CLE credit that will be allowed for self-study activities and the procedures for obtaining such UT CLE credit will be determined specifically in particular instances by the Utah CLE Board.[2]

Online UT CLE courses are considered self-study CLE in Utah.  Utah attorneys are limited to 12 online CLE credits of the 24 required by the Utah MCLE Rules.  All of Attorney Credits Utah CLE courses have been pre-approved for CLE credit by the Utah CLE Board.  For more information about CLE in Utah, please click the following link: UT CLE.

[1] Utah attorneys have either even year or odd year compliance groups.

[2] Rule 14-404. Active status lawyers: MCLE, NLTP and admission on motion requirements.

http://www.utcourts.gov/resources/rules/ucja/ch14/04%20mcle/usb14-404.html

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Tennessee CLE FAQ

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Do you have questions about your Tennessee CLE requirement?  Do you need to know how to report your Tennessee CLE compliance – or how many ethics and professionalism (E/P) credits you need each annual compliance period?  Do you need to know how many online TN CLE courses you can take you can take each year?

 Tennessee CLE Compliance & Reporting Requirements

  • Reporting Cycle: Annual
  • Compliance Deadline: December 31
  • Reporting Deadline: March 1

Well, we have created a TN CLE FAQ to answer all your pressing Tennessee CLE questions.  Now you can easily find the answers that you need to all of your TN CLE questions without having to search all around the Web.  We have listed everything from the amount of credit you are allowed to carry over to what happens if you are in non-compliance with your TN CLE requirement!

Top Tennessee CLE Questions

What are the mandatory CLE requirements in Tennessee?

  • Tennessee attorneys must complete at minimum of 15 TN CLE credit hours each annual TN CLE compliance period – including 3 hours of Ethics/Professionalism (E/P).

How many online Tennessee CLE courses can I take through Attorney Credits?

  • Attorneys admitted to the Tennessee Bar Association are allowed complete a maximum of eight (8) TN CLE credit hours through on-demand online TN CLE courses each annual TN compliance period. 

When must I complete and report my TN CLE?

  • All TN CLE credit hours must be completed by December 31.  TN CLE compliance must be reported no later than March 1.

Does the Tennessee Bar Association keep a record of my completed CLE activities?

  • Yes. On or before January 31 of each year, the TN CLE Commission will prepare and mail an Annual Report Statement (ARS) to each Tennessee attorney.  The ARS will list information regarding TN CLE completed in the preceding calendar year.

How do I report my Tennessee CLE compliance?

  • The TN CLE Commission will mail an Annual Report Statement (ARS) to each Tennessee attorney.  The ARS will request information regarding your completion of TN CLE in the preceding TN CLE compliance year.  By March 1, Tennessee attorneys must complete the ARS.  The completed ARS will disclose all TN CLE hours earned during the preceding TN CLE compliance year.  Tennessee attorneys whose ARS is in compliance with the Tennessee CLE Rules (and whose fees have been paid) are exempt from delivering the ARS to the Tennessee CLE Commission.

Who can I contact for more information about TN CLE?

  • For more information about CLE in Tennessee, please call the Tennessee Commission on Continuing Legal Education and Specialization at (615) 741 – 3096.  You may also contact Attorney Credits support via email or telephone.  For further assistance and information, please call our Support Center at 877-910-MCLE (6253) or visit the support page on the website.

We hope that this saves you time and keeps you compliant with your TN CLE requirement.  If you have further questions, you can visit our full Tennessee CLE FAQ.  And if you need to complete your TN CLE requirement, please visit our TN CLE webpage: TN CLE.

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