Digital Citizenship in Schools: From Policy to Practice

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The schools of today are very different than the schools of our youth. Students today are faced with cyberbullying, sexting, Facebook and all the novel problems that our new digital world has created over the last decade. Schools and school districts must know how to address and respond to these new issues created by digital technologies so they can best help students and avoid potential liability.

In an era of sexting, cyberbullying, and Facebook, school administrators walk a fine line in trying to provide a safe school environment and at the same time, trying not to infringe on student first amendment rights. – Gretchen Shipley

If you would like to learn more about emerging legal issues in schools created by technology please join Gretchen Shipley as she uses a hypothetical fact pattern to discuss these emerging issues. The main topics covered by Mrs. Shipley include search & seizure, mandatory reporting of abuse & neglect, sexting, social networking, teacher-student online communication, teachers’ cyber conduct, student discipline for online speech, bring your own device & equal access, cyberbullying, student privacy rights and potential breaches of privacy law.  To access the course please click here: Digital Citizenship in Schools: From Policy to Practice.

Further issues discussed include:

  • eMatters
  • Klump v. Nazareth
  • Sexting by students
  • Freedom of association
  • “Fitness to teach”
  • The “related to school activity” standard
  • The substantial disruption standard
  • S. v. Blue Mountain
  • FERPA
  • CIPA
  • J.C. v. Beverly Hills
  • The Fourth Amendment
  • COPPA
  • GeoLocation & iPad tracking
  • School video cameras
  • Pictures on school websites
  • Data mining by technology vendors
  • Social media monitoring (GeoListening)
  • Device search & seizure

Gretchen Shipley is a partner in the San Diego office of Fagen Friedman & Fulfrost and co-chair of the firm’s eMatters Practice Group. A respected legal leader in education law and technology, Mrs. Shipley advises school districts and delivers workshops to students, employees and district leaders nationwide on the promotion of cyber-citizenship in the school community and the implications of cyber-misconduct in the classroom and workplace. She has also collaborated with the Association of California School Administrators to co-produce the popular “Logged On” seminars, created to offer guidance on employee and student issues that stem from embedding technology into public education.

This CLE course on digital citizenship in schools 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: Advanced Asset Protection Planning

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For the past several years, asset protection has been one of the fastest growing areas of law. Asset protection is also one of the most controversial areas of law because the goal is to shield assets from the reach of creditors. Properly implemented asset protection planning should be both legal and ethical and it should not be based on hiding assets or on secrecy and it is not a means or an excuse to avoid or evade U. S. taxes. Asset protection should simply be about structuring the ownership of one’s assets to safeguard them from potential future risks.

There is no one “magic bullet” in asset protection and the term “asset protection” encompasses a number of planning and structuring mechanisms that may be implemented by a practitioner to minimize a client’s exposure to risk.  Most asset protection structures are commonly used business and estate planning tools – such as limited liability companies, family limited partnerships and trusts.

For each client the asset protection solution will be different – depending on the identity of the debtor, the nature of the claim, the identity of the creditor and the nature of the assets. These are the four threshold factors that are either expressly or implicitly analyzed in each asset protection case. The analysis of these four factors determines what planning would be possible and effective for a specific client. Join attorney Jacob Stein as he discusses these factors and more in this highly informative and practical CLE course on advanced asset protection planning. The main topics discussed include the main goals of asset protection planning, specific asset protection structures and assets that are commonly protected.  To access the course please click here: Advanced Asset Protection Planning.

Further issues addressed in this CLE course include:

  • The “Home Depot” method
  • Hiding assets
  • The debtor’s examination
  • Principle asset protection structures
  • Proactive vs. reactive asset protection planning
  • Retirement plans
  • ERISA
  • Life insurance
  • Fraudulent transfer laws
  • The intent test
  • Constructive fraud
  • The attorney’s liability
  • Transferring assets between spouses
  • Common law & community property states
  • LLCs
  • Piercing the corporate veil
  • Types of assets
  • The living trust
  • Revocable & irrevocable trusts
  • The trust protector
  • Key clauses in the trust
  • Offshore structures
  • Liquid assets
  • Protecting businesses
  • The personal residence
  • The equity strip
  • Additional asset protection structures

Mr. Stein is one of the nation’s leading experts on asset protection, teaching dozens of legal seminars each year on the subjects of asset protection and advanced tax planning. He is a Certified Tax Law Specialist and is AV rated by Martindale-Hubbell. Mr. Stein is the author of numerous articles on asset protection and tax planning, and is the author of Asset Protection Planning (Education Foundation, 2009) and Advanced Tax Planning Techniques (Education Foundation, 2009). He is also an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program, and has been an instructor with the California CPA Education Foundation and National Business Institute (NBI) for many years. He is also a frequent guest speaker at various Bar, Estate Planning Council and CPA group meetings. Mr. Stein is admitted to practice in California and before the United States Tax Court.

This CLE course on the use of trusts in asset protection 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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CLE Course: Use of Trusts in Asset Protection

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The main goal of asset protection planning is simple: insulate assets from claims of creditors without concealing the assets or committing tax evasion. While it is generally impossible to completely and absolutely shield assets, the focus of asset protection should be on making assets more difficult and more expensive for creditor’s to reach. Trusts are often effective vehicles to protect assets because they function by splitting the beneficial enjoyment of the trust assets from their legal ownership.

Trusts function by splitting the beneficial enjoyment of the trust assets from their legal ownership. This is the chief reason that trusts are widely used in asset protection.

However, while not all types of trusts are effective asset protection devices, a properly drafted and structured trust can provide a very solid form of asset protection. In this CLE course attorney Jacob Stein details the main ways that trusts are used to protect assets from creditors. Mr. Stein also provides an overview of asset protection planning and presents numerous case examples of the use of trusts in asset protection. To access the course please click here: Use of Trusts in Asset Protection.

Further issues addressed in this CLE course include:

  • The effectiveness of asset protection
  • Making assets more difficult to reach
  • The “Home Depot” asset protection method
  • Hiding assets
  • Determining what structure to use to protect assets
  • Exemptions
  • Personal residences
  • Retirement plans
  • The types of assets that can be protected
  • Real estate
  • The use of LLCs
  • Assets & trusts
  • The limitations of trusts
  • The trust protector
  • The living trust
  • Inter vivos trusts
  • Irrevocable trusts
  • The key elements of a trust
  • The use of offshore trusts
  • The limitations of offshore trusts
  • Dealing with income producing assets

Jacob Stein of the Los Angeles firm Klueger & Stein is one of the nation’s leading experts on asset protection and is one of California’s most well known attorneys, teaching dozens of legal seminars each year on asset protection and advanced tax planning. He is a Certified Tax Law Specialist and is AV rated by Martindale-Hubbell. Mr. Stein has authored numerous articles on asset protection and tax planning and he is the author of Asset Protection Planning (Education Foundation, 2009) and Advanced Tax Planning Techniques (Education Foundation, 2009). He is also an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program, and has been an instructor with the California CPA Education Foundation and National Business Institute for many years. He is also a frequent guest speaker at various Bar, Estate Planning Council and CPA group meetings. Mr. Stein is admitted to practice in California and before the United States Tax Court.

This CLE course on the use of trusts in asset protection 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 Hampshire (NH)
  • 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.

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CLE Course: Advanced Planning with Trusts

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The primary goal of all asset protection planning is to insulate assets from claims of creditors – without concealing assets or committing tax evasion. Generally, it is impossible to completely and absolutely protect assets. The focus of asset protection is on making assets more difficult and more expensive to reach. All asset protection planning is based on two principle premises: creditors can generally reach any asset owned by a debtor, and creditors cannot reach those assets that the debtor does not own.

Not all types of trusts are effective asset protection devices, but a properly drafted and structured trust may be an almost impregnable form of asset protection.

In this obvious dichotomy, trusts are very useful because they split the beneficial enjoyment of trust assets from their legal ownership.  This is the reason that trusts are often used in asset protection. If you would like to learn more about how trusts are used in advanced asset planning and protection please join Jacob Stein as he provides a thorough and practical overview of this important topic. Mr. Stein mainly discusses trusts, specific planning areas, asset protection planning, the use of trusts in asset protection and special needs planning. To access the course please click here: Advanced Planning with Trusts.

Further issues discussed in this CLE course include:

  • The limitations of trusts
  • Ownership of trusts
  • Key elements of a trust
  • Revocable vs. irrevocable trusts
  • Trust protectors
  • Dealing with real estate
  • Where to set up the trust
  • Estate tax planning
  • AB Trusts
  • Life insurance trusts
  • Intentionally Defective Grantor Trust (IDGT)
  • Qualified Personal Residence Trust (QPRT)
  • The goal of asset protection
  • The “Home Depot” method of asset protection
  • Insulating assets
  • Fraudulent transfers
  • The Intent Test
  • Trusts & asset protection
  • Tax consequences
  • Foreign trusts
  • Choice of law
  • Needs-based government benefits

Jacob Stein is one of the nation’s leading experts on asset protection and is one of California’s best-known attorneys, teaching dozens of legal seminars each year on the subjects of asset protection and advanced tax planning. A Certified Tax Law Specialist and AV rated by Martindale-Hubbell, Mr. Stein is the author of numerous articles on asset protection and tax planning, and is the author of Asset Protection Planning (Education Foundation, 2009) and Advanced Tax Planning Techniques (Education Foundation, 2009). He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program, and has been an instructor with the California CPA Education Foundation and National Business Institute for many years. He is also a frequent guest speaker at various Bar, Estate Planning Council and CPA group meetings. Mr. Stein is admitted to practice in California and before the United States Tax Court.

This CLE course on the use of trusts in asset protection 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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Sexual Harassment Awareness and Prevention for Lawyers

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There are various reasons to prevent sexual harassment in the legal workplace. It’s not just the right thing to do – sexual harassment is unethical and illegal. With a little knowledge you can avoid costly and damaging lawsuits and financial cost to your firm and yourself. Further, promoting a healthy legal workplace that is free of discrimination maintains good workplace morale and enhances your law firm’s reputation.

Being aware and preventing sexual harassment in the legal workplace can help you to avoid discipline and to keep your job.

To learn more about creating a legal and healthy work environment please join attorney Alisa Shorago as she provides a practical and lively discussion on sexual harassment awareness and prevention for attorneys. Mrs. Shorago will discuss reasons to prevent sexual harassment, define sexual harassment under the law, identify examples of sexual harassment, discuss some of the ethical rules regarding sexual conduct/relationships, discuss ways of preventing harassment in the legal workplace including anti-harassment policies and help to determine the boundaries of appropriate behavior. To access the course click here: Sexual Harassment Awareness and Prevention for Lawyers.

Further topics addressed in this CLE course include:

  • State & federal harassment laws
  • The definition of workplace harassment
  • Theories of harassment
  • Attorneys behaving badly
  • Organizational liability
  • Prompt & effective action
  • Remedies, specific rules for attorneys
  • Sexual relations with clients
  • Governing behavior in the legal system
  • How to prevent & deal with harassment
  • Key aspects of an anti-harassment policy
  • “Staying in the Green”
  • Appropriate workplace behavior and further guidelines

Alisa Shorago is an accomplished trainer, providing seminars in legal writing, business writing, workplace professionalism and sexual harassment prevention. She has also practiced law for over 15 years with a focus on litigation and has clerked for state appellate and federal trial courts. In addition, she is a legal writing columnist for the San Diego County Bar Association, as well as a past board member of California Women Lawyers, Lawyers Club of San Diego and the San Diego chapter of the American Society for Training and Development.

This CLE course on the legal and tax implications of cause marketing is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA) — Elimination of Bias credit
  • 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.  This course on Sexual Discrimination qualifies for Elimination of Bias credit in California.  For more information about CLE in California please click the following link: CA CLE.

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Illinois CLE: MCLE Compliance Groups

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Attorneys that are licensed to practice law in Illinois must complete a minimum of thirty (30) IL CLE credit hours every two years in order to fulfill the IL MCLE requirement. As part of the 30 credit hour IL CLE requirement a minimum of six (6) credit hours must completed in the area of Professional Responsibility.

Illinois MCLE Compliance Requirements:

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

The Illinois CLE reporting period depends on the first letter of your last name as it appears on the master roll of attorneys with the ARDC (Attorney Discipline and Registration Committee). If your last name begins with A-M, your two-year Illinois CLE compliance period begins July 1 of EVEN numbered years. If your last name begins with N-Z, your two-year Illinois CLE compliance period begins July 1 of ODD numbered years.

Illinois MCLE Reporting Periods:

  • Last names A – M: July 1, 2014 to June 30, 2016
  • Last names N – Z: July 1, 2013 to June 30, 2015

Attorneys licensed to practice in Illinois and subject to the IL MCLE requirement may satisfy all 30 IL CLE credit hours by completing online on-demand CLE courses. Attorney Credits is an Accredited Provider of CLE in Illinois and all of our Illinois CLE courses are presumptively pre-approved by the Illinois MCLE Board. To access more information about the Illinois MCLE requirements, deadlines and IL CLE compliance packages, please click the following link: IL CLE.

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New York CLE Compliance Groups

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Experienced New York attorneys must complete 24 credit hours every 2 year compliance period, including 4 credit hours of legal ethics. In order to report your New York CLE compliance an attorney registration form will be mailed to you by the NY CLE Board. You must file your attorney registration form and complete your NY CLE requirement within 30 days after your birthday on alternate years in order to timely complete your NY CLE reporting obligations.

New York CLE Compliance & Reporting Requirements

  • Reporting Cycle: 2 years
  • Compliance Deadline: Birth date
  • Reporting Deadline: 30 days after your birthday

Essentially, New York attorneys report their NY CLE compliance when they file the attorney registration card. If you were admitted to the New York State Bar Association before January 1, 1982 – or in an even-numbered year – then you will register in even-numbered years. If you were admitted New York State Bar Association in an odd-numbered year after 1982, then you will register in odd-numbered years. At the time of the biennial registration, all New York attorneys must certify that they have completed their NY CLE requirement for that reporting cycle and that the proper documentation has been retained.[1]

New York CLE Compliance Groups

  • Admitted BEFORE 1/1/82 OR in an even-numbered year – register in EVEN-numbered years.
  • Admitted in an odd-numbered year AFTER 1982 – register in ODD-numbered years.

Attorney Credits is an Accredited Sponsor of CLE in New York. We have helped hundreds of New York attorneys complete thousands of NY CLE credit hours through the AttorneyCredits.com website. For more information about New York CLE, please click the following link: NY CLE.

[1] When you register, if you have completed your required NY CLE credits but have not received all of your certificates for the CLE courses, you may indicate on the relevant sentence on the attorney registration form to indicate that you are “awaiting documentation” of your compliance.

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New Hampshire Amends MCLE Regulations

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New Hampshire recently made some changes to Supreme Court Rule 53 and the New Hampshire MCLE (minimum continuing legal education) requirement. Most notable, like the CLE system in Arizona, the state of New Hampshire will no longer be certifying CLE courses or providers. New Hampshire attorneys must now review the NH MCLE Regulations and self-determine if a CLE program is eligible for NHMCLE credit.

New Hampshire CLE Compliance & Reporting Requirements

  • Reporting Cycle: Annual
  • Compliance Deadline: June 30
  • Reporting Deadline: June 30

In addition, New Hampshire Bar Association members must now self-report their CLE compliance using an online tool that will soon be available on the New Hampshire Bar Association website.[1] This new member-centered CLE reporting system is being implemented as part of the New Hampshire Bar’s administration of NH Supreme Court Rule 53. For more information on the rule please click here: NH CLE.

For continuing education programs taken on July 1 or after: New Hampshire attorneys will self-determine if a program is eligible for NHMCLE credit and will report eligible activity using an online tool available soon.

While the New Hampshire MCLE Board does not approve or accredit CLE providers or CLE programs, many providers and sponsors routinely meet the standards of the New Hampshire MCLE Regulations. Attorney Credits is an Approved Provider of Continuing Legal Education in a number of jurisdictions across the country – including California, New York, New Jersey and Texas – and thousands of attorneys across the country have completed tens of thousands of CLE courses through our CLE website. In order to assist New Hampshire attorneys with their MCLE compliance Attorney Credits now offers CLE courses for New Hampshire attorneys: NH CLE.

[1] For courses completed after 7/1/2014. For continuing education programs taken before July 1, 2014, refer to your credit report mailed September 4, 2014.

http://www.nhbar.org/NHMCLE/

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CLE Course on Cause Marketing: Special Rules For Corporations and For Charities

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While TOMS was not the first company to utilize cause marketing, the success that TOMS has enjoyed with its One for One business model has made it synonymous with this new wave of corporate philanthropy. If you have not yet heard of TOMS, you will be amazed at what this (for-profit) company has accomplished around the world in a very short period of time. Since 2006, TOMS has put over 10 million pairs of shoes on children’s feet in over 60 countries. And since 2011, TOMS has restored sight to over 200,000 individuals.

TOMS Shoes has done all of this global charity while still being a for-profit company and it has generated millions of dollars in revenue since its inception.

If you want to learn more about the legal and tax implications of cause marketing by corporations and nonprofits, then join Los Angeles attorney Kent Seton as he discusses the rules and regulations that affect corporations and charities. The main topics discussed by Mr. Seton include the recent increase in cause marketing, the fundamentals, cause marketing rules & regulations, commercial co-venture agreements and common mistakes. To access this course please click here: Cause Marketing: Special Rules and Regulations For Corporations and For Charities.

Additional subjects addressed include:

  • The benefits of corporate philanthropy
  • Examples of cause marketing
  • Unrelated business income tax (UBIT)
  • Changes to corporate statutes
  • The director’s fiduciary duty owed to the corporation
  • Corporate foundations
  • The reasons that companies utilize cause marketing
  • Section 512 & 513 of the Internal Revenue Code
  • Activities related to the tax exempt purpose of the organization
  • Activities regularly & continuously carried on by the nonprofit
  • The distinction between corporate sponsors
  • State rules regarding cause marketing
  • The rules regarding commercial co-venturers

A former collegiate All-American tennis player at the University of Southern California, Kent E. Seton has spent the last 14 years of his legal career involved in representing charities, foundations and corporations in all aspects of their legal existence. Kent’s experience covers a broad array of philanthropy legal considerations. Kent also has extensive experience in representing business start-ups and established corporations in all types of matters including entity and jurisdiction selection, shareholder agreements, operating agreements and other corporate matters. Seton Law Firm is located in Beverly Hills, California, with a satellite office in Irvine, California.

This CLE course on the legal and tax implications of cause marketing 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 Hampshire (NH)
  • 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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California Attorneys with Last Names H-M: CA MCLE Compliance Date is 2/2/15

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For California attorneys with the last names H-M it’s almost that time again. Time to get your CA MCLE requirement done! The compliance deadline for California attorneys with last names H-M is February 2, 2015.[1]

California MCLE Compliance Groups

  • Group 1 (A-G) Period: 2/1/2013 – 1/31/2013 Deadline 2/1/2016
  • Group 2 (H-M) Period: 2/1/2012 – 1/31/2015 Deadline 2/1/2015
  • Group 3 (N-Z) Period: 2/1/2014 – 1/31/2014 Deadline 2/1/2017

Members of the State Bar of California are assigned to a compliance group only once. Once you are assigned to a compliance group, you will always remain in that same CA MCLE compliance group – even if your last name changes. California attorneys admitted to the State Bar of California on or before February 1, 1992, were assigned to a compliance group based on the first letter of their last name as listed on their Bar records.[2] Those California attorneys admitted after February 1, 1992 are assigned to a compliance group based on the first letter of the last name listed on their admit cards.[3]

All California attorneys (except those on voluntary Inactive status) report CA MCLE compliance by submitting a statement of MCLE compliance to the State Bar of California. CA MCLE compliance may be reported online through My State Bar Profile.

California attorneys must complete 25 total CA CLE credit hours each three-year compliance period. Of the 25 required credit hours, you must complete 4 credit hours of Legal Ethics, 1 credit hour of Substance Abuse and 1 credit hour of Elimination of Bias. And at least 12.5 credit hours must be considered participatory CA CLE credit. For more information about the mandatory CA CLE requirement please click here: CA CLE.

[1] The compliance period runs from 2/1/12 – 1/31/15.

[2] As listed on their official State Bar records, effective Feb. 1, 1992 (the beginning of the CA MCLE program).

[3] Admit cards are filled out when you are sworn in as a member of the State Bar of California.

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