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Mar 08 2013
CLE, MCLE, Online CLE, Uncategorized

Washington MCLE: 22.5 Online CLE Units

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Attorney Credits provides continuing legal education (CLE) for Washington attorneys.  Attorneys in Washington must complete 45 CLE units each three year compliance cycle in order to meet the Washington minimum continuing legal education (MCLE) requirement.  As part of the 45 unit Washington MCLE requirement, attorneys must also complete a minimum of 6 credit hours of Legal Ethics or Professional Responsibility.

A lawyer may earn a maximum of one-half of the required credit hours for any reporting period through self-study, as defined in Regulation 103(h) of Appendix APR 11.[1]

Washington attorneys do have the option to complete at least a portion of their MCLE requirement through online WA CLE courses.  Lawyers in Washington may satisfy up to 22.5 credits of their required 45 CLE requirements through online CLE courses.  Online CLE courses are considered self-study according to the Washington MCLE Rules.  Of course, attorneys in Washington may fulfill their entire 45 unit MCLE requirement through live CLE courses.

A “Live” activity takes place in “real time” – it is not pre-recorded. For a Live activity, participants attend either in person or via teleconference, videoconference or webcast – at the time the course is actually being presented and can pose questions to the instructor(s) during the course; all participants must hear the question and answer live.[2]

Attorney Credits makes completing Washington CLE easy.  Attorney Credits features both online and offline CLE courses for Washington attorneys.  We also offer 22.5 CLE unit compliance packages on CD or DVD and we have fully loaded MP3 Players and USB compliance packages that come stocked with 22.5 WA CLE units.  Don’t wait until December 31 to get your Washington WA CLE  done!

[1] Washington MCLE Rule 11.2(a)(3)

http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=APR&ruleid=gaapr11.2

[2] Important MCLE Compliance Reporting Information Group 3 Reporting Period 2011-2013

http://www.wsba.org/Licensing-and-Lawyer Conduct/MCLE/Members/~/media/Files/Licensing_Lawyer%20Conduct/MCLE/2011%202013%20IMCRI.ashx

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Feb 16 2013
CLE, MCLE, Online CLE, Uncategorized

Oregon MCLE: Ethics & Access to Justice

Oregon-MCLE

Oregon attorneys must complete 45 CLE units every year to complete the Oregon MCLE requirement.  As with any MCLE state, there are certain mandatory CLE courses that must be completed as part of the MCLE requirement.

(c) Access to Justice. In alternate reporting periods, at least three of the required hours must be in programs accredited for access to justice pursuant to Rule 5.5(b). For purposes of this rule, the first reporting period that may be skipped will be the one ending on December 31, 2009.[1]

Oregon attorneys must complete 6 credit hours of legal ethics every three years, including 1 credit hour on an attorney’s statutory duty to report child abuse.  In addition, in alternate reporting periods Oregon attorneys must also complete 3 credit hours in CLE programs dedicated to access to justice.

In order to be accredited as an activity pertaining to access to justice for purposes of Rule 3.2(c), an activity shall be directly related to the practice of law and designed to educate attorneys to identify and eliminate from the legal profession and from the practice of law barriers to access to justice arising from biases against persons because of race, gender, economic status, creed, color, religion, national origin, disability, age or sexual orientation.[2]

The Oregon access to justice requirement is very similar to California’s elimination of bias requirement.  However, the Oregon access to justice requirement is slightly more broad in the sense that a greater number of topics qualify for CLE credit.   Whereas the California bias requirement requires the course to relate specifically to the legal profession, the Oregon requirement more generally refers to eliminating barriers to the access to justice and doesn’t have to specifically relate to lawyers.  For example, a course on the bias laws themselves would qualify for CLE credit in Oregon.

To access our Oregon course list and view Attorney Credits’ access to justice courses, please click the following: Oregon CLE course list.

[1] Oregon State Bar Minimum Continuing Legal Education Rules and Regulations, Rule 3.2(c)

https://www.osbar.org/_docs/rulesregs/mclerules.pdf

[2] Oregon State Bar Minimum Continuing Legal Education Rules and Regulations, Rule 5.5(b)

https://www.osbar.org/_docs/rulesregs/mclerules.pdf

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Jan 04 2013
California MCLE, CLE, MCLE, Online CLE, Uncategorized

California Attorneys: February 1 Deadline for Fee Payment & MCLE Compliance

The New Year means many things for different people.  Attorney Credits knows that for many attorneys in California the New Year means that its time to pay your dues and/or report your MCLE compliance.  At Attorney Credits this is usually one of our times of the year as thousands of California attorneys begin paying dues and completing their MCLE requirement.

Members of the State Bar of California have until February 1 to pay their annual fees.  Annual fees are $410 for active lawyers and $125 for inactive lawyers.  California attorneys with qualifying income levels are eligible for a 25% reduction in the membership fee.  To qualify for the fee reduction, an active California attorney must declare a total gross annual individual income from all sources of less than $40,000 in 2012.  If you fail to pay fees by the February 1 deadline you will be assessed a $100 late payment penalty if you are an active lawyers and a $30 penalty if you are an inactive attorney.[1]

Those California attorneys who are in Group 1 (last names A-G) also have a February 1 deadline to report completion of their 25 hours of Minimum Continuing Legal Education (MCLE).  California attorneys must complete 25 CLE hours every three years to remain in compliance with the State Bar of California.  Compliance is especially important as the Cal Bar has been increasing the amount of MCLE audits over the last few years and continues to expand the number of MCLE audits.  As many as 10% of Group 1 attorneys can expect to have their MCLE audited later in the year (see: California Attorneys Improve in 2012 MCLE Audit).

If you are an Group 1 attorney in California and your MCLE deadline is February 1, please make sure not to make one of these common MCLE mistakes.[2]

7 Common MCLE Mistakes:

  1. Not completing enough ethics, elimination of bias and substance abuse hours.
  2. Completing CLE classes after reporting compliance.
  3. Credit calculation errors.
  4. Mistakenly believing you are exempt from MCLE.
  5. Poor/Insufficient recordkeeping.
  6. Submitting CLE courses that have not been approved for MCLE credit.
  7. Mistaking “MCLE credit available” for “MCLE approved.”

Attorney Credits offers numerous MCLE compliance packages for California attorneys.  We also offer numerous courses in legal ethics, substance abuse and elimination of bias if you just need those few hard-to-get specialty units.  Attorney Credits makes it easy for California attorneys to complete their MCLE compliance properly and on time.  If you begin studying now, you can take one course a day until the end of the compliance period.

Attorney Credits provides further information about California CA MCLE:

[1] Feb. 1 deadline for fee payment, MCLE compliance

http://www.calbarjournal.com/January2013/TopHeadlines/TH4.aspx

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Dec 22 2012
CLE, MCLE, Online CLE, Uncategorized

Online CLE For Iowa Attorneys

Attorneys in Iowa have a little more than one week to complete their annual MCLE requirement.  Attorneys in Iowa must complete 15 IA CLE credit hours by December 31, including three required hours of legal ethics every two years.  Iowa attorneys may now take substance abuse courses as part of their legal ethics requirement.

As a preventive measure designed to reduce lawyer discipline matters and harm to clients, the definition of what constitutes legal ethics for purposes of the biennial ethics continuing legal education (CLE) attendance requirement is amended to include instruction specifically designed for lawyers regarding substance abuse and mental health. The biennial ethics attendance requirement is increased from two to three hours.[1]

Iowa attorneys have the option to complete up to 6 credit hours through online IA CLE courses each compliance period.  Attorney Credits has recently begun offering CLE in Iowa right in time for the December 31 MCLE deadline, including those hard-to-get substance abuse and legal ethics credit hours.

Commencing July 1, 2002, up to 6 hours of the 15 hours required by rule 41.3(1) each calendar year may be obtained through completion of computer-based legal education accredited by the commission.[2]

Iowa attorneys must self-report completion of individual CLE activities. Each Iowa attorney must make a written report to the Iowa CLE Commission regarding completion of MCLE during the preceding calendar year by March 1.  The Iowa CLE Commission prescribes the form of the annual report.  Each annual report must provide the commission with satisfactory proof that the Iowa attorney has met the MCLE requirements.  Alternatively, Iowa attorneys may also report their CLE credits on the Iowa Judicial Branch’s website by clicking here.

All Iowa attorneys that neglect to file the annual report or pay the required fees by March 1 must pay a penalty.[3]

If Filed:                                           Penalty:

After March 1 but before April 2      $100

After April 1 but before May 2          $150

After May 1                                        $200

The penalty fees collected will be used to pay the costs of administering the MCLE program, or for such other purposes within the Office of Professional Regulation as the Iowa Supreme Court may direct.  The Certificate of Completion issued by Attorney Credits should be maintained to verify attendance.

Attorney Credits provides more information about Iowa IA MCLE:

[1] Amendments to Division III of the Iowa Court Rules February, 2012 Summary of Amendments

http://www.iowacourts.gov/wfdata/frame14256-1671/File140.pdf

[2] Chapter 41: Continuing Legal Education for Lawyers

[3] 41.5(1) Attorneys who fail to comply with the provisions of rule 41.4 or who file a report showing on its face that they have failed to complete the required number of hours of continuing legal education may have their right to practice law suspended by the supreme court, provided that at least 15 days prior to such suspension, notice of such delinquency has been served upon them in the manner provided for the service of original notices in Iowa R. Civ. P. 1.305 or has been forwarded to them by restricted certified mail, return receipt requested, addressed to them at their last-known address.

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Dec 19 2012
CLE, MCLE, Online CLE, Uncategorized

CLE Courses & FAQ for Louisiana Attorneys

In an attempt to expand our CLE services to more attorneys around the country, Attorney Credits has begun offering online CLE courses for Louisiana attorneys right in time for the December 31 MCLE deadline in Louisiana.  And to provide Louisiana attorneys with the MCLE information that they need, we have also recently posted our CLE FAQ for Louisiana attorneys.

Louisiana attorneys must complete twelve and a half (12.5) credit hours each annual compliance period, including 1 hour of ethics and one hour of professionalism.  Attorneys in Louisiana have the option to complete up to four credit hours through online CLE courses each annual compliance period.[1]  Since Attorney Credits verifies your course completion by using numerical codes embedded in the audio or video CLE course, our courses have been approved by the Louisiana MCLE Committee.

The Supreme Court rules allow up to 4 hours of technologically assisted programming per reporting period.  MCLE Committee guidelines for accreditation require that a course have an interactive component, and that the sponsor have a tracking mechanism to verify the actual time spent engaged in the program by the participating attorney.[2]

Louisiana attorneys must complete all CLE hours by December 31 and properly report by January 31.  A $150 late fee will be assessed against members of the Louisiana State Bar Association who do not comply with the MCLE Rules.  Any bar member who is not in compliance with their MCLE requirements within 60 days of the Notice of Noncompliance being sent by the MCLE Committee will be declared ineligible to practice law in Louisiana.

In order to avoid MCLE compliance issues, Attorney Credits offers numerous LA CLE courses for Louisiana attorneys.  We also offer 4 unit MCLE bundles for Louisiana attorneys that include one hour of legal ethics credit.  And we also offer individual legal ethics and professionalism courses.

Attorney Credits provides further information about Louisiana LA MCLE:

[1] The Louisiana MCLE Rules allow up to 4 hours of technologically assisted programming each annual reporting period. Credit for online courses is considered self-study credit. Self-study includes live or pre-recorded audio and/or audiovisual presentations and activities or other appropriate technology as approved by the MCLE Committee. Credit for attendance at such self-study courses is limited to four (4) hours annually.

[2] Louisiana Supreme Court: Mandatory Continuing Legal Education (MCLE)

http://www.lascmcle.org/

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Oct 22 2012
Uncategorized

State Ethics Opinions & Resources

Legal ethics has taken on greater importance over the last few decades.  As the incidence of malpractice and the number of disbarments has increased, State Bars have tried to place greater emphasis on legal ethics – whether its though testing like the MPRE or mandatory ethics courses as part of the MCLE requirement.[1]

Florida is one state that supplies its attorneys with plenty of information on current ethical and legal trends.  Through Florida (FL) MLCE and other means, the Florida Bar has tried to educate attorneys on important ethical issues.  Further, now that we have the Internet at our disposal, much of the information is available online through the Florida Bar’s website.  The bar’s website featured articles on ethical issues, ethics opinions and an ethics hotline.

Here are a few of the ethics articles written in 2012:

Here are the Ethics Opinions written in 2012:

While ethics opinions are merely advisory and do not carry the weight of law, they are invaluable resources and they are given great deference by the courts.  They can serve to keep you current with important ethical topics and rules …. and keep you out of trouble with the state bar.  A number of other states also offer ethics opinions, including California, Illinois, New Jersey, New York, Texas

And states such as California (CA), Illinois (IL), New Jersey (NJ), New York (NY) and Texas (TX) also seek to educate attorneys about ethics through education via CLE and MCLE.  Education is imperative to preventative ethics and stemming problems before they occur.

Whether you practice in Florida or another part of the country you should consult ethics opinions in your state and other opinions around the country.  As the old saying goes – an ounce of prevention is worth a pound of cure.

[1] “The Multistate Professional Responsibility Examination (MPRE) is administered by ACT on behalf of the National Conference of Bar Examiners. The MPRE is a 60-question, two-hour-and-five-minute, multiple-choice examination administered three times per year at established test centers across the country.”

http://www.ncbex.org/multistate-tests/mpre/

Oct 20 2012
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Uncategorized

MCLE in Texas

Every active member of the State Bar of Texas  must complete a minimum of 15 hours of accredited TX CLE during each MCLE compliance year.  Failure to report TX MCLE credit hours could result in a non-compliance penalty – and penalties range from $100 to $300.

Texas is considered a self-reporting state.  If you are an attorney in Texas you are responsible for ensuring that you are in compliance with the State Bar of Texas. However, the Texas MCLE department is responsible for ensuring that bar members are in compliance with the annual TX MCLE requirements.  As as service to our customers we report every Monday morning.

If you are an attorney in Texas, your Annual MCLE Verification Report will be mailed to you by the State Bar of Texas eight weeks before your birth month. You must review this annual report carefully for both accuracy and completeness. If the Verification Report shows that you have completed the required number of TX CLE hours, then you don’t have to take any further action.

However, if you have not completed – or reported – the minimum 15 credit hours by the last day of your compliance year, the State Bar of Texas (TX) will email and mail you a reminder Notice at the beginning of your birth month. This period is considered a grace period and you are given this grace period to comply with the MCLE requirements – without a penalty. If you do not complete and report at least 15 hours of TX MCLE by the last day of your grace period then you will be considered non-compliant and subject to monetary penalty.

If you need more information about MCLE in Texas please click here.

Oct 18 2012
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New York’s ‘Attorney Participation’ MCLE Rule

New York is the only state where the MCLE Rules and Regulations require that the faculty of a CLE course include at least one attorney in good standing who must actively participate in the MCLE course.  Most other states allow expert witnesses and other legal professionals to teach CLE courses who are not licensed attorneys in good standing with a state bar.

(4) The faculty of the course or program shall include at least one attorney in good standing, who shall actively participate in the course or program. [effective January 1, 2008]

The rationale seems pretty simple to me … although it is a bit misguided.  New York enacted this rule to ensure that attorneys are being taught continuing legal education, and not learning about non-legal topics like accounting or marketing.   The New York CLE Board feels that courses taught by attorneys will have some nexus to the law, while courses taught by experts and non-attorneys may stray into the non-legal realm.  And after all, the whole point of MCLE in New York (NY) is to make better lawyers … as the old adage goes, knowledge is power.

However, this does overlook the fact that training by experts in non-legal fields may be a valuable part of an attorney’s continuing legal education (CLE).  Doesn’t it seem that a course taught by an expert witness on how attorneys can properly manage experts at trial would be a valuable resource?  Or that a course taught by a forensic accountant teaching attorneys how to quantify damages,  prove fraudulent activity, or find hidden assets would be a valuable CLE resource?

What do you think?  Is New York’s prohibition against non-attorneys valid?  Or does this rule stifle continuing legal education (CLE) for attorneys in New York (NY)?  If you have more questions about MCLE in New York, please visit our NY CLE FAQ.

Oct 17 2012
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Increased California MCLE Audits Lead to First Disciplinary Charges

All the more reason to properly complete and document your MCLE compliance in California.

The State Bar of California has made it no secret that they plan to audit many more California attorney’s MCLE compliance in the coming years. Since California is a self-reporting state, there is more leeway for falsifying compliance than in states who directly keep track of their attorneys MCLE compliance.

Now, the State Bar has filed disciplinary charges against three California attorneys due to this increased enforcement of the California (CA) Minimum Continuing Legal Education (MCLE) requirements. According the State Bar of California, the three attorneys falsely reported that they had fulfilled the requirement to complete 25 hours of MCLE.

“It is truly unfortunate that we need to take this action against any lawyer … lawyers can easily avoid this problem by simply meeting the well-known MCLE requirements that have been in place for 20 years.”[1]

                                       – State Bar Executive Director/CEO Joe Dunn

Attorneys in California (CA) must take 25 hours of CA CLE courses every three years.  Out of those twenty-five units, attorneys must complete 4 hours of legal ethics, 1 hour of elimination of bias, and 1 hour of substance abuse credit. Lawyers must keep documentation of completion for at least one year after compliance period has ended.

Further, California attorneys must remember not to exceed the 12.5 unit self-study limit.  While attorneys may take all 25 units of participatory credit, attorneys may take no more than 12.5 units of self-study credits.  Attorneys have also been found to be in non-compliance because they exceeded the self-study limits.

The three cases are the first disciplinary action to result from increased MCLE audits. However, there are more charges expected in the coming weeks. A total of twenty-seven lawyers have been referred to the Office of Chief Trial Counsel due to last year’s random audit of 635 lawyers.

Further, the State Bar is not done auditing California attorneys for MCLE compliance. In all, then State Bar of California plans to potentially audit as many as 12,000 lawyers over the next two years.[2] It’s interesting to note that while the Bar only audited 1% of the attorneys in 2011 it is now looking to audit as many as 10% in 2013.

[2] In 2012, California attorneys can expect that 5% or roughly 3,000-4,000 lawyers to be audited. In 2013, the goal is to audit 10% which translates to 7,000-8,000 lawyers.

Oct 16 2012
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New Online CLE Courses

We have added a number of great online CLE courses over the last few months in a number of states.  These courses have been added right in time for the December 31st deadline in many states and the February 1st CLE deadline in California. Some states with December 31st CLE deadlines include Alabama (AL), Colorado (CO), Louisiana (LA), Nevada (NV), New Jersey (NJ), North Carolina (NC), Oklahoma (OK), Ohio (OH), Oregon (OR) and Washington (WA).

The courses that we have added in time for the end of the year come from a variety of practice areas and specialties.  We have also added a number of new courses in Legal Ethics, Elimination of Bias and Substance Abuse.

Here are just a few of our recently added courses:

  • 6 Steps to Improved Client Relationships and Communications
  • 7 Steps for Legal Holds: Avoiding Malpractice and Jail!
  • Choice of Entity
  • Conducting an Effective Deposition
  • Credit Reports, Credit Damages & Credit Scores
  • eDiscovery
  • Elimination of Bias in the Legal Profession
  • Elimination of Bias in the Legal System
  • Ethics for Lawyers in the Cloud
  • Ethics in a Web 2.0 World
  • FRCP Rule 26 & Expert Reports
  • Getting Paid and Staying Out of Trouble
  • Inebriation, Intervention and Insight: A Trial Lawyer Finds His Soul
  • Legal Aspects of Forensics Document Examination
  • Mediation Techniques for Litigators
  • Moving the Court from Drudgery to Persuasion
  • Personal Injury: Liability, Damages & Collectibility
  • Pre-Immigration Income Tax Planning
  • Principle Considerations When Handling a Divorce Case
  • Protecting Your Client Against, Civil and Criminal Liability for Trust Taxes
  • Real Estate Due Diligence
  • Tax Issues for Attorneys and Law Firms
  • Tax Refunds from Ponzi Scheme Losses
  • The Dos and Don’ts of the Testifying Witness
  • Wrongful Death: A Practical Approach

Please check your state’s course list for the availability of these classes.  In states where we are Approved Providers of CLE such as California, Illinois and New York all of these courses are already available.  A few of the courses have yet to be accredited in states like Florida and Texas where Providers must accredit each individual CLE course.

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