25 Credit California MCLE Bundle A - $49
Online and On-demand California Bar Approved CLE Requirements Compliance | 25 Courses | 25 Credits
This compliance bundle will provide access to informative courses which, when completed, will satisfy the entire 25 hours of participatory credit. Fulfill your entire California MCLE requirement including the required hours in Legal Ethics, Elimination of Bias in the Legal Profession, Competence Issues and Civility. This bundle includes a course on Implicit Bias, in compliance with the new CA requirement.
Conveniently watch these courses on your computer, tablet or phone anywhere that you have an Internet connection. Fulfilling your California CLE requirements could not be easier!
Speciality Credits:
Ethics: 4 Hours
Elimination of Bias: 2 Hours - including 1 Hour Implicit Bias
Competence Issues: 1 Hour
Civility: 1 Hour
Technology: 1 Hour
California CLE Requirements at a Glance
Every three years by January 31st, California attorneys are required to complete 25 hours of participatory MCLE, 4 hours of which shall be in ethics, 1 hour shall cover elimination of bias in the legal profession, and 1 hour shall cover competence issues.
MCLEZ is an approved multiple activity provider of participatory Continuing Legal Education for California. Our provider number is 15019. For more information, please visit the State Bar of California Website, or call 415-538-2000
Courses Included in this California CLE Requirements Bundle
The following courses fulfill 25 California CLE credits:
- Aliant Law - Economic Crime Conference
- And Then There is FRAUD
- Attorney Civility and Professionalism
- Attorneys and Hi-Tech Communication: A Basic Guide
- Attorneys and the Cloud - Update
- Coming to America and Staying: Immigration Law Basics
- Continued Progress in Diversity and Inclusion in the Legal Profession
- Cyber Security Concerns and Solutions for the Law Office
- Economic Analysis in Employment Matters
- Ethical Considerations when Marketing and Advertising Legal Services
- Ethics and the Court of Public Opinion
- How to Write an Effective Mediation Brief
- Implicit Bias and Bias Identification Strategies
- IT 4 the JD - Update
- Neurobiology, Mindfulness and Mental Health in the Practice of Law
- NLRB Update
- Paperless Office and E-Discovery Techniques
- Reinvigorating the Lawsuit
- Security and Confidentiality for Providing Legal Services Remotely
- Sophisticated Planning for High Net Worth Individuals
- Succession Planning and the Practice of Law
- Taking Depositions in the New Virtual Era
- The CA Privacy Act: What You Need to Know
- Use NDR and Compare Alternatives to Earn Your Clients Informed Consent
- Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II
California CLE Requirements Bundle Course Details
Aliant Law - Economic Crime Conference
California CLE Requirements Credit Type: General
California CLE Course Details:
This program features an expert panel of attorneys from across the world who discuss global trends in sanctions and Asset Recovery, particularly in relation to the Ukraine-Russia war. This second Aliant Law International Economic Crime Conference provides valuable information for attorneys who represent U.S. businesses impacted by sanctions on Russia, both here and globally. Attorneys from the UK, Italy, India, and France identify which countries have, or have not been affected, in various sectors, such as the financial sector, shipping, aviation and energy. Remedies or compliance measures, such as asset-recovery (seizure of ships/aviation), anti-money laundering statutes in numerous countries. and whistle-blower remedies are examined. The panelists also discuss immigration and human rights issues and specific remedies implemented (or not) in many countries. This program is of great value for lawyers who value the expertise of colleagues from other countries and how they asses the relative impacts of this conflict on the global legal landscape for businesses and other clients across the globe and in the U.S., and recommendations they have on how to best provide protective legal measures for their clients.
Faculty:
- Jacob Stein, Esq
And Then There is FRAUD
California CLE Requirements Credit Type: General
California CLE Course Details:
This course is an examination of FRAUD and an analysis of legal trends and legislative solutions intended to bring attention to today's legal practitioners, through real-world examples, of the dangers of swatting, deep fakes, crypto-currency, and other fraud on the internet and other routine transactions, to better protect their clients and improve quality of life.
Faculty:
- Greg Woods, J.D.
Attorney Civility and Professionalism
California CLE Requirements Credit Type: Civility
California CLE Course Details:
Why is this important? The adversarial process can be taken to extremes, to where it may become an internal aspect of a firm's culture. This obstructs the kind of cooperation that can ease and expedite workloads. It's also been shown to create a level of stress that is extremely unhealthy; including life-threatening issues. Furthermore, we've all heard the expression ?you catch more flies with honey,? and yet the singular adversarial approach works against this. We need to recognize that this approach is only one tool in the toolbox, and you have access to many more. In addition, adding these tools will positively impact your success, health, and income.
Faculty:
- Russell Jackman, Esq.
- Ian Blei
Attorneys and Hi-Tech Communication: A Basic Guide
California CLE Requirements Credit Type: Technology
California CLE Course Details:
In today's modern workplace, Attorneys need to understand the importance of meeting with clients in a virtual setting. This lecture discusses the ethical and practical reasons to go virtual with meetings and how to accomplish that task, plus tips and troubleshooting ideas for making those online meetings happen as successfully as possible.
Faculty:
- Russell Jackman, Esq.
Attorneys and the Cloud - Update
California CLE Requirements Credit Type: Ethics
California CLE Course Details: What is "The Cloud"?
Who runs it? Where is it? Will it go away? Where is all my information? Is it worth using? These questions and more are discussed in this program which helps attorneys learn about this major development in law technology and also meet ethical obligations to remain knowledgeable in this area, as stated by the ABA.
ABA Model Rule 1.1 Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Additional Cloud areas discussed include Centralized case/matter management, Document management, Time and billing, Scheduling/reporting, Contact management, Conflict checking and more.
Faculty:
- Russell Jackman, Esq.
Coming to America and Staying: Immigration Law Basics
California CLE Requirements Credit Type: General
California CLE Course Details:
At the forefront of the news and a subject that is intensely controversial for both foreigners and citizens is the topic of Immigration laws in the United States. However, many people do not know the inner workings of the system or what the immigration laws of the United States really means for people trying to come in legally to the USA. This lecture will cover those basics and give the attendee the status of where we are today when it comes to the topic of Immigration.
Faculty:
- Russell Jackman, Esq.
Continued Progress in Diversity and Inclusion in the Legal Profession
California CLE Requirements Credit Type: Elimination of Bias
California CLE Course Details:
Steven A. Nielsen objectively addresses progress made and new challenges faced by the legal profession in the areas of diversity and inclusion. This program includes a through review of multiple newly published articles and surveys, discernable trends, and valuable resources available. Topics include bullying as a form of gender discrimination, and ageism and mental health as other forms of perceived bias. He includes information on new programs that provide loan counseling and cross-cultural competency in ABA accredited law schools, the Diverse Lawyers Trial Academy which aims to further "first chair" opportunities for women, the Community Fund for Black Bar applicants and the AccessLex Center for Legal Education Excellence.
Mr. Nielsen reviews new data from the ABA on diversity and the need to promote minority associates. He notes a general cultural shift, such as in California where an ethnic studies course is required to graduate high school. He also discusses efforts by large law firms to now allow numerous hours per year of pre-approved Diversity and Inclusion work to count toward billable hours and bonuses and suggests a number of courses of action to improve discussion of diversity, equity and inclusion issues in law firms.
Faculty:
- Steven A Nielsen
Cyber Security Concerns and Solutions for the Law Office
California CLE Requirements Credit Type: Technology
California CLE Course Details:
The increases computer usage since the onset of the Pandemic plus new challenges created by new technologies has created significant threats towards attorneys and their clients. This program helps attorneys meet their ethical ABA model rule 1.1 requirements while getting vital information to help them safeguard their practice and their clients.
Faculty:
- Russell Jackman, Esq.
Economic Analysis in Employment Matters
California CLE Requirements Credit Type: General
California CLE Course Details:
Dr. Jouganatos discusses the appropriate benefits to include in loss calculations, the discount rate, wage growth rate, earnings basis, present value calculations, mitigation issues including inferior employment, and hearsay problems as well as adverse tax consequences of a lump-sum award or settlement. Methods of computing loss of benefits and pensions, are discussed, among other issues. He also discusses his approach when undertaking cases. Through this course, attorneys will have a greater understanding of the elements of economic analysis in employment matters.
Faculty:
- George Jouganatos
Ethical Considerations when Marketing and Advertising Legal Services
California CLE Requirements Credit Type: Ethics
California CLE Course Details:
In this course we will look at the ethical considerations that should be followed when lawyers engage in marketing and advertising. First, we examine the history and context of marketing and advertising by attorneys. Next, we look at the ABA Model Rules of Professional Conduct and determine which rules are most relevant to attorney marketing and advertising. Lastly, we explore real world scenarios of these principles in action by investigating specific cases where these issues arose.
Faculty:
- David Graulich, Esq.
Ethics and the Court of Public Opinion
California CLE Requirements Credit Type: Ethics
California CLE Course Details:
Calculated to increase awareness of significant issues impacting the integrity of the legal profession and public trust, the course examines high profile examples of wrongful behavior and traditional notions of moral character. From select sections of the Model Rules of Conduct and terms and concepts from the ethical tradition, it is an informed analysis of questionable decision making under difficult circumstances requiring practitioners to employ the highest standards of care, to preserve the rights and remedies of those they serve and promote the credibility of the justice system.
Faculty:
- Greg Woods, J.D.
How to Write an Effective Mediation Brief
California CLE Requirements Credit Type: General
California CLE Course Details:
In this course we will look at the effective strategies in writing a mediation brief. A mediation brief is an underappreciated tool in setting the right tone in a mediation that balances a forceful legal argument and a stance of conciliation. A mediation brief is also an important opportunity to educate the mediator that increased the change of both sides reaching an agreement.
Faculty:
- Bruce Edwards
Implicit Bias and Bias Identification Strategies
California CLE Requirements Credit Type: Implicit Bias
California CLE Course Details:
Attorney Steven Nielsen focuses on bias-reduction strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. Among specific Implicit (or "Subconscious") Biases he addresses are "Heightism," and "Elitism." He discusses the impact these biases have on the legal profession and society writ large.
Faculty:
- Steven A Nielsen
IT 4 the JD - Update
California CLE Requirements Credit Type: General
California CLE Course Details:
This program offers to the legal professional a treasure trove of Information Technology tips, tricks and advice on how to upgrade your law office, legal department or legal assistant practice and get the most out of your (limited) technology budget!
Faculty:
- Russell Jackman, Esq.
Neurobiology, Mindfulness and Mental Health in the Practice of Law
California CLE Requirements Credit Type: Wellness Competence
California CLE Course Details:
Practicing attorneys tend to suffer from mental health symptoms and disorders at a higher rate than society at large. The pressures and dynamics of this profession can be and often are intense. In this course we look at mindfulness practice as a proven solution to deal with these challenges. We look at mental health and mindfulness through the lens of their underlying neurological correlates and explore how mindfulness is an evidenced-based solution. We close the course with practical considerations in applying mindfulness principles to law practice.
Faculty:
- Berry Crawford
NLRB Update
California CLE Requirements Credit Type: General
California CLE Course Details:
Labor law is currently in the news. High profile campaigns and issues involving many businesses we frequent are in the public eye. Because labor law has a broader scope and greater impact than many practitioners may realize, this program will address recent developments at the National Labor Relations Board on a variety of issues. The focus will be on several areas, including case rulings, expanding remedies for unlawful conduct, hot topic issues, as well as potential change to come through legislation, policy, and regulations. Even if you do not regularly practice before the National Labor Relations Board, this program provides insight on issues on NLRB's agenda which touch upon areas practitioners may have considered to be exclusively regulated by state or federal employment law.
Faculty:
- Thomas A. Lenz
Paperless Office and E-Discovery Techniques
California CLE Requirements Credit Type: General
California CLE Course Details:
Attorneys need to find a way in today's high-tech environment to leave the mountains of paperwork behind them and free themselves with today's technology from being tied to paper all the time. This lecture will discuss the ethical and economic advantages of moving to an all-electronic format for most documents and how that can be accomplished.
Faculty:
- Russell Jackman, Esq.
Reinvigorating the Lawsuit
California CLE Requirements Credit Type: General
California CLE Course Details:
Thomas Moukawsher, an experienced federal litigator and retired Connecticut complex litigation judge, shares lessons from his 40 years of trying cases in courts across the country. The lessons are based on Judge Moukawsher's 2023 book, The Common Flaw, Needless Complexity in the Courts and 50 Ways to Reduce It. The course confronts litigation flaws with practical solutions, beginning with the filing of the complaint and running through appeals court strategies and briefing.
Faculty:
- Thomas G. Moukawsher
Security and Confidentiality for Providing Legal Services Remotely
California CLE Requirements Credit Type: General
California CLE Course Details:
For lawyers, securing client information is of paramount importance and there can be severe risks that come from not doing so. However, most law firms are not adequately prepared in terms of cybersecurity because they do not invest in the tools necessary to prevent the inadvertent disclosure of, or unauthorized access to, client data. Failure to do so can be devastating for any law firm and the shift to working remotely due to COVID-19 has exacerbated the probability of these problems occurring. This program aims to elucidate the importance of cybersecurity for attorneys who are providing legal services from home and how to protect that legal data from potential cyberattacks.
Faculty:
- Joshua Lenon
Sophisticated Planning for High Net Worth Individuals
California CLE Requirements Credit Type: General
California CLE Course Details:
Transactions and Asset Protection, discusses trends and developments in a number of important areas. He reviews in detail how the drafting of irrevocable trusts has changed over the last 10 years and how to best structure these instruments to allow for greater flexibility through the use of a "trust protector." He discusses how irrevocable trusts can be used to protect assets, to provide privacy for assets, to enhance tax planning and their use in offshore planning. He describes the use of LLCs and which states may be the most advantageous for LLC/trust formation. He discusses specific trust provisions, asset protection with both domestic and foreign trusts, and which types of trusts may be most useful for assets which may be expected to appreciate in value, like start-ups. Additional topics include international tax planning, structuring foreign investment in the U.S., pre-immigration tax planning, and which offshore jurisdictions may be favored.
Faculty:
- Jacob Stein, Esq
Succession Planning and the Practice of Law
California CLE Requirements Credit Type: Ethics
California CLE Course Details:
What are a lawyer?s ethical obligations to engage in succession planning? NOTE: While this program primarily uses California Rules and developments to illustrate the issues involved in this important area, the guidance and ethical examples provided are relevant to attorneys in every state, and comparable Opinions and Statutes are found in nearly every jurisdiction.
This discussion-format talk with Russell Jackman, Esq. and Don McCrae, Owner of Your Business Legacy, a specialist in helping attorneys close their practices, addresses the issues that are commonly dealt with by attorneys who may be considering closing their practices, retiring, or changing ownership to someone else. Don and Russ discuss strategies and ideas to deal with the challenges of closing up or migrating ownership of a law practice while still adhering to State Ethical Requirements.
Faculty:
- Russell Jackman, Esq.
- Don McCrea, PhD
Taking Depositions in the New Virtual Era
California CLE Requirements Credit Type: General
California CLE Course Details:
The Coronavirus epidemic has been wildly disruptive to many aspects of our lives and professions and conduction depositions is no exception. Virtual depositions are now standard and routine and are likely to remain ubiquitous even once the epidemic has abated. In this course we look at depositions generally from an overview perspective and then examine both the advantages and disadvantages of virtual definitions. Some important case law examples are explored and then we conclude with some practical considerations when conducting virtual depositions.
Faculty:
- David Graulich, Esq.
The CA Privacy Act: What You Need to Know
California CLE Requirements Credit Type: General
California CLE Course Details:
The California Privacy act was put in place in 2018 but is being enforced now in 2020. Learn about how this law changes your practice and what you can do to prepare your law office and clients to deal with this (and soon to be in many other States) Privacy act, in both a technological & contractual way to avoid pitfalls and clarify with clients how their data will be protected.
Faculty:
- Russell Jackman, Esq.
Use NDR and Compare Alternatives to Earn Your Clients Informed Consent
California CLE Requirements Credit Type: General
California CLE Course Details:
In this engaging session, led by Rob Christopher, AV Preeminent rated litigation attorney, General Counsel and entrepreneur you will learn when and how you can use an innovative approach to address limited stakes cases.
The approach, Neutral Driven (Non-adversarial) Dispute Resolution provides attorneys with an alternative to litigation, arbitration or mediation for cases in which the amount at stake is less than the potential legal costs (attorney and court fees, time and stress) to resolve it.
Based on his 35+ year career as a successful litigator, Rob uses real world examples to demonstrate the ethical reasons to consider NDR as well as the long-term value of incorporating this approach into your practice.
The program includes background on NDR and how it differs from arbitration and media. Rob then describes NDR and give a hands-on demonstration an assessment you can use to determine value of using NDR for a particular case. It concludes with clear guidelines on when and how you can use Neutral Driven Dispute Resolution for long term wins with your clients.
Rob?s entertaining style, innovative and ethical approach to addressing limited stakes (often called "dog cases") make this a must take session for all client-centric attorneys.
Faculty:
- Rob Christopher
Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II
California CLE Requirements Credit Type: General
California CLE Course Details:
After recent years in which records have been set for both rain and lack of precipitation, Environmental and Water Law expert Wes Miliband discusses issues which arise when both drought and climate change create conditions over which populations have little control. To help attorneys proactively recognize and address these issues so as to prevent both legal disputes and damage to people and property in the future, Mr. Miliband raises awareness of how, and where, such disputes may arise. He addresses the basic system of water rights, tribal, military and Federal rights, key cases, how local, state and federal water agencies work and long term creative solutions for an uncertain future, such as ocean winds, desalination and other sustainable techniques.
Faculty:
- Wes Miliband
The MCLEZ Difference
Since 2009
MCLEZ.COM and it's management team are industry leaders in offering online continuing legal education courses. Among other innovations, we were the first online CLE company to offer instant attendance certificates and automatic attendance tracking. You can count on our experience of over a decade in offering high quality and excellent value CLE compliance.
85,000+ Customers
Having offered high quality and affordable CLE compliance courses to over eighty thousand satisfied CLE customers, we have a proven track record in being a CLE company that you can trust. We are well respected by both attorneys and state CLE boards as a company that can be trusted in providing approved CLE courses.
213,000+ CLE Courses Sold
As the most widely used online CLE provider in many states, our intuitive CLE video players and reliable technology can be trusted to provide you the best possible online CLE compliance experience.Start fulfilling your California CLE Requirements right away
Once purchased, you can begin attending your on demand CLE courses right away. As you complete each course you will immediately have access to proof-of-attendance certificates. You can watch courses anywhere from any device. It could not be easier.
Additional California CLE Bundles
4 Credit - California Ethics MCLE Bundle A
The California Ethics Bundle will complete your ethics CLE requirement for the year in just four hours of participatory credit. You'll get four courses which, when completed, will provide enough CLE credit to satisfy your ethics/professionalism requirement.
Ethics - 4.0 Hours
3 Credit - California Specialty Credit MCLE Bundle
The California Specialty Credit Bundle is available for attorneys who have most of their MCLE credits, but are lacking those hard to get specialty credits required by the California State Bar. This bundle includes Elimination of Bias in the Legal Profession, and Competence Issues. also a course on Implicit Bias, in compliance with the new CA requirement.
Competence Issues - 1 Hour, Elimination of Bias - Implicit Bias - 2 Hours
Detailed California CLE Requirements
What are the California MCLE Requirements?
Credit Types
One California MCLE compliance credit hour must be on the topic of competence issues.Four hours of the California MCLE compliance credit hours must be about legal ethics.
Two total hours of the California MCLE compliance credit hours must be on the topic of elimination of bias.
One of these California MCLE compliance credit hour elimination of bias courses must be on the specific topic of implicit bias and strategies and techniques for the promotion of reducing bias. From the perspective of the California State Bar, it is no longer enough to simply be aware of implicit bias, we must know specific ways that it can be reduced. This is a recently added rule starting with the upcoming compliance group.
The rest of the California MCLE compliance credit hours are considered "general" and can be on any valid legal topic as long as it otherwise meets the California MCLE requirements.
Approved California MCLE Credit Hour Activity
Every attorney is responsible for determining that the California MCLE activity that they participate in has met the approval of the of the California State Bar. Alternatively, the activity can have been approved by another state or country as defined by the California State Bar as an approved jurisdiction.If the California MCLE credit activity has not been officially approved by the California State Bar, either directly or indirectly through the approved jurisdiction rule, lawyers can obtain, complete and then file a MCLE Credit Request Form to seek official approval for the activity. This form is available from the California State Bar.
Self Study
Half of the California MCLE compliance credit hours that are earned can be of the type "Self Study". Self study means that the hours can be acquired by engaging in activities such as taking an assessment test after online study of legal topics. Another example would be preparing a law course for other attorneys or law students or researching and writing a paper or book. This is an uncommon but effective way to earn California MCLE compliance credit hours.Participatory
The second half of the California MCLE compliance credit hours that are completed must be officially approved as "participatory MCLE credit". For this type of credit, it must be a type of activity where you sign in at the time of participating in the course. Electronic or online sign in is permitted. The course provider must also keep detailed records of every participant in the course. Lastly, they must issue an official certificate that provides details about the course, when it was completed and how many and what types of credit it is. See above for details in different types of credit hours.California MCLE Courses can be completed for "Participatory Credit" that are delivered by media such as DVDs, audiotape or CDs if the provider has been approved by the California State Bar to do so. In the same manner, attorneys can participate in California MCLE credit by participating in courses online through the Internet. In both cases it is incumbent on the attorney to ascertain that the provider has been approved by the California State Bar.
Penalties
Rules for Minimum Continuing Legal Education (California MCLE) necessitate active members of the State Bar of California to remain current regarding the law, the obligations, rules and professional standards of the legal profession. If a member does not fulfill their California MCLE requirements, they can lose their active status and become unable to practice law in California. Members who are forced into inactive status for failing to comply with these rules will be shamed in a public list that available on the State Bar Web site.MCLE Activity
An "MCLE activity" (which for most people is an MCLE course) is continuing legal education that the State Bar authorizes as meeting standards for California MCLE credit.MCLE Provider
A "provider" is an individual or company that is authorized by the State Bar to provide California MCLE credit for an MCLE educational activity. "California MCLE credit" is the amount of credit hours that a bar member may claim to meet the requirements of these MCLE rules.Credit Hour
A "credit hour" is sixty minutes actually engaged in California MCLE activity. This does not include any time for breaks or other activities that lack legal educational content. A California MCLE credit hour is reported to the nearest quarter hour, in decimals.Approved Jurisdiction
An "approved jurisdiction" is recognized by the State Bar as having MCLE requirements that are significantly equivalent to California State Bar standards for MCLE courses. The approved jurisdiction should calculate California MCLE credit hours in a manner that is reasonable and acceptable to the California State Bar. Approved jurisdictions are listed publicly on the State Bar Web site.Participatory Activity
A "participatory activity" is a California MCLE activity (usually a course) for which the provider must verify participant attendance. Participatory activities may be presented in person or delivered by electronic means such as on-demand over the internet. Methods for verification include sign-in writing (for in-person attendance) or electronically (for online attendance) at the start of the California MCLE course.Self‐study Activity
A "self‐study activity" is any California MCLE activity identified in Rule 2.83. Self‐study activities may be presented in person or delivered by electronic means. Only half of the 25 required credits can be self study. It is not required to have any self study credit. All of your California MCLE credits earned can be participatory in type.Valid Topics
The California MCLE activity must relate to legal subjects directly relevant to the members of the California State Bar or have significant current professional, ethical and practical information.Experienced Presenters
The presenter of a California MCLE course must have substantial and relevant professional and/or academic experience related to its topic.Promotional/Marketing Materials
Promotional/Marketing materials must state that the California MCLE course is authorized for MCLE credit. The material must specify the amount of California MCLE credit offered and indicate whether any of the credit may be aimed at required California MCLE requirements in legal ethics, elimination of bias, implicit bias or competence issues.Written Materials
If the activity lasts an hour or longer, the California MCLE provider must make substantive written materials that are pertinent to the California MCLE course available either before or during every instance of the California MCLE course. Any materials available online must be maintained online and accessible for at least thirty calendar days following the California MCLE course.Interruptions
California MCLE courses must be scheduled so that participants are free of interruptions.What is the California MCLE due date? How often do I need to renew my California MCLE?
- General
- Ethics
- Elimination of bias
- Implicit bias and the promotion of bias-reducing strategies
The last type is obviously a subtype of elimination of bias and was added for the 2023 compliance group. This is a new type of California MCLE credit, so even if you have already completed your California MCLE course for this period, make sure you have at least once course that meets this new rule.
Implicit Bias
In the language of psychologists and neuroscientists, "implicit" means that beliefs do not occur at a conscious level. They are subconscious beliefs and assumptions that automatically and unintentionally affect our thinking, judgements and behavior. Everyone has implicit bias and the first step is to be aware that we have them.Common types of implicit bias are:
Racial Bias - Racial bias involves attaching and cognizing negative assumptions to particular races and ethnicities.
Age Bias - Age stereotypes and prejudices stem from positive or negative assumptions about people based on their age. In many ways, age bias is the most acceptable form of bias in our society.
Gender Bias - This type of bias is often based on traditional gender roles and common stereotypes. Gender bias most commonly targets women but there can be gender bias against men as well.
Eliminating implicit bias in only possible if it is recognized in ourselves. When choosing a course on this topic, take special care that this topic is covered.
Ethics
Every State Bar requires attorneys to take CLE or MCLE courses on ethics. Some states call this type of requirement professional responsibility while some break the two up into separate types of CLE or MCLE credit. It is not surprising that ethics requirements are ubiquitous in every state bar jurisdiction given the incredible importance that ethics has for this profession. There are few professions where the consequences of a lapse of professional judgments are higher.The California State Bar rules are designed to regulate professional ethical conduct of lawyers through education and discipline. These rules were adopted by the Board of Trustees of the State Bar of California and approved by the Supreme Court of California. This is pursuant to Business and Professions Code sections 6076 and 6077 to protect the public, the courts, and the legal profession, protect the integrity of the legal system, and promote the administration of justice and confidence in the legal profession. These rules, along with any other explicit standards adopted by the Board of Trustees relevant to these rules, shall be binding upon all lawyers practicing in California. Discipline can range from fines to disbarment, so it is important to take these seriously.
In choosing ethics CLE courses to participate in, it is important to keep in mind the structure of these California State Bar rules on ethics. These rules are too comprehensive to even summarize here, but this is the general structure:
Chapter 1. Lawyer-Client Relationship (Rules 1.1 - 1.18)
Chapter 2. Counselor (Rules 2.1 - 2.4.1)
Chapter 3. Advocate (Rules 3.1 - 3.10)
Chapter 4. Transactions with Persons Other than Clients (Rules 4.1 - 4.4)
Chapter 5. Law Firms and Associations (Rules 5.1 - 5.7)
Chapter 6. Public Service (Rules 6.1 - 6.5)
Chapter 7. Information About Legal Services (Rules 7.1 - 7.5)
Chapter 8. Maintaining the Integrity of the Profession (Rules 8.1 - 8.5)
More information is available at the California State Bar website.
What Are the California MCLE Ethics Requirements?
All California MCLE legal ethics courses must focus specifically on professional responsibility of attorneys and not on the ethics of corporate or government affairs, business, or society in general. To be very specific, activities that educate attorneys on the state's Rules of Professional Conduct are eligible for MCLE legal ethics credit, but programs that focus on ethical dilemmas faced in other facets of society, in general business, or a nonlegal profession will not meet these requirements.
Examples of classes that would not meet these requirements:
- Are high taxes ethical?
- What are the ethical implications of international commerce?
-What is a good balance between liberty and law enforcement?
-Can non-religious people be ethical?
-Should you speak to the police when pulled over?
-What is the difference between ethics and morals?
-Is it ethical to lobby congress?
California MCLE legal ethics courses should cite the specific Rules of Professional Conduct for attorneys that the program relates to or focuses on.
It is also generally good to look for MCLE courses that cite and then examine specific legal cases and precedents that illustrate the dynamics and nuances of these rules. Some of the rules are subtle and best understood with concrete examples.
What is the "Competence Issues" requirement for California MCLE?
A study conducted in 2017 showed that almost 30% of attorneys struggle with depression and almost 20% struggle with anxiety. This is significantly higher than other professions. A symptom of this is a professional that has higher than average incidents of alcohol and drug abuse. The consequences of not being able to offer clients the representation they deserve can be life altering in many cases for both the attorney and client. This is why the State Bar has this California MCLE "Competence Issues" requirement
To best understand California MCLE Competence Issues requirement, let?s define some terms so that it is clear exactly what the issues are. The colloquial definitions often do not get at heart of the topic.
Depression
Depression is one of the areas that can be covered in a California MCLE Competence Issues course. Depression is formally known as Major Depressive Disorder. It is a serious and pervasive mental illness with significant consequences in how one feels, how a person thinks and how a person acts. Luckily, it is a treatable malady. Depression invokes feelings of sadness and often a profound loss of interest in activities that were once enjoyed. It often leads to a variety of emotional and physical symptoms and can decrease a person?s ability to functionally engage with work and relations among friends and family.Anxiety
Anxiety is one of the areas that can be covered in a California MCLE Competence Issues course. Anxiety is an intention emotion that exhibits feelings of tension, worried thinking, and physical symptoms such as increased blood pressure. People with medically defined anxiety disorders very often have uncontrollable intrusive worries. This is called rumination. Anxiety sufferers may avoid specific situations out of worry and concern. They may also have various physical symptoms such as dizziness, rapid heartbeat, sweating and trembling. Anxiety different than fear, but they are often used interchangeably. Anxiety is defined as a future-oriented, longterm response that is focused on a general threat, where by contrast, fear is an appropriate, present-oriented, and short-lived response to an immediate and specific threat.Alcohol Abuse
Alcohol Abuse is one of the areas that can be covered in a California MCLE Competence Issues course. This is formally known as Alcohol Use Disorder. It is characterized as a pattern of alcohol use that involves problems of a persona controlling their drinking, being preoccupied with alcohol consumption or continuing to use alcohol even when it is causing problems in one?s life. This disorder also involves developing tolerance to alcohol and/or having withdrawal symptoms when you rapidly decrease or stop drinking. Alcohol use disorder is often called alcoholism.Substance Abuse
Substance Abuse is also one of the areas that can be covered in a California MCLE Competence Issues course. Substance abuse is the formal term used to indicate a pattern of using a substance (drug) that results in significant problems or distress for the user or those around them. These consequences may be missing work or school, using the substance in dangerous situations, such as driving a car or working heavy machinery. It can lead to substance-related legal problems, or continued substance use that interferes with friendships, family relationships, or professional relationships. Substance abuse, as a defined medical brain disorder, refers to the abuse of illegal substances, such as marijuana, heroin, cocaine, or methamphetamine or it may be the abuse of legal substances, such as alcohol, nicotine, or prescription medicines.When are choosing a California MCLE Competence Issues course, you are going to want to look carefully to make sure that it is covering one of these core issues that affect the legal profession.
California MCLE Teaching Credit
A California attorney is able to earn participatory California MCLE credit for teaching a law school course at an accredited institution. A California attorney assigned to teach a course may claim no more than the credit hours granted by the law school multiplied by twelve or actual speaking time for required California MCLE in legal ethics, elimination of bias, or competence issues. A guest lecturer or substitute teacher can also claim actual speaking time multiplied by four for the first presentation; or actual speaking time only for each time a course is repeated without significant change in the content of the course.
A California attorney teaching/instructing a law school class that begins before their current group compliance period may earn prorated California MCLE credit based on the percentage of the hours taught in the current group compliance period.
A California attorney who teaches/instructs a law school course and participates as a guest lecturer or temporary teacher for one or more individual meetings or sessions of the class, qualifies for California MCLE credit for teaching the entire course.
If one is a California attorney who is a guest lecturer/teacher or substitute teacher in a law school class, they can determine credit hours by multiplying their hours of instruction by four.
Accredited Law Schools
As mentioned, this type of California MCLE credit (for teaching) can only be earned if it is at an accredited law school. The following is a list of approved law schools in California:- California Western School of Law - San Diego, CA
- Chapman University Fowler School of Law - Orange, CA
- Golden Gate University School of Law - San Francisco, CA
- Loyola Law School - Los Angeles, CA
- Pepperdine University Rick J. Caruso School of Law - Malibu, CA
- Santa Clara University School of Law - Santa Clara, CA
- Southwestern Law School - Los Angeles, CA
- Stanford Law School - Stanford, CA
- University of California Berkeley Law - Berkeley, CA
- University of California Davis School of Law (King Hall) - Davis, CA
- University of California, Hastings College of the Law - San Francisco, CA
- University of California Irvine School of Law - Irvine, CA
- University of California Los Angeles School of Law - Los Angeles, CA
- University of San Diego - School of Law - San Diego, CA
- University of San Francisco - School of Law - San Francisco, CA
- University of Southern California Gould School of Law - Los Angeles, CA
- University of the Pacific McGeorge School of Law - Sacramento, CA
- Western State College of Law at Westcliff University
- Cal Northern School of Law - Chico, CA
- The Colleges of Law (Santa Barbara Campus) - Santa Barbara, CA
- The Colleges of Law (Ventura Campus) - Ventura, CA
- Concord Law School at Purdue University Global - Los Angeles, CA
- Empire College School of Law - Santa Rosa, CA
- Empire College of Law A branch campus of Monterey College of Law - Santa Rosa, CA
- Glendale University College of Law - Glendale, CA
- Humphreys University Drivon School of Law - Stockton, CA
- JFK School of Law at National University - San Diego, CA
- Kern County College of Law A branch campus of Monterey College of Law - Bakersfield, CA
- Lincoln Law School of Sacramento - Sacramento, CA
- Lincoln Law School of San Jose - San Jose, CA
- Monterey College of Law - Seaside, CA
- Northwestern California University School of Law - Sacramento, CA
- San Diego Law School Alliant International University A branch campus of San Francisco Law School - San Diego, CA
- San Francisco Law School Alliant International University - Emeryville, CA
- San Joaquin College of Law - Clovis, CA
- San Luis Obispo College of Law - A branch campus of Monterey College of Law - San Luis Obispo, CA
- St. Francis School of Law - Newport Beach, CA
- Thomas Jefferson School of Law - San Diego, CA
- Trinity Law School - Santa Ana, CA
- University of La Verne College of Law and Public Service - Ontario, CA
- University of West Los Angeles School of Law - Chatsworth, CA
- University of West Los Angeles School of Law - West Los Angeles Campus
California MCLE Speaking Credit
A California attorney may earn participatory California MCLE credit for speaking/participating at an approved California MCLE activity/course/event.
A principal speaker (this is defined as someone who is responsible for developing and presenting a program or course and its related materials) may earn actual speaking time multiplied by four for the first actual presentation or speaking time (but only for each time a course is repeated without any significant change).
A California MCLE event panelist may earn California MCLE Course credit for either of the following for the first panel presentation:
- Scheduled individual presenting time multiplied by four, plus the actual time spent in attendance at the remainder of the presentation or when times have not been scheduled for individual presenters, an equal share of the total time for all presenters multiplied by four plus the time spent in attendance at the remainder of the course. - Actual presenting duration only for each time a presentation is repeated without significant change to the content of the presentation.
A California attorney who introduces presenters or engages as a moderator may claim only the California MCLE credit that would normally be available to any individual attendee.
An example: let?s say you are a California attorney that is a subject matter expect in criminal law. Hypothetically, if you develop a course about sentencing guidelines you can submit it to an approved California MCLE provider. If they like your course, they can get it approved individually or define it as approved by their blanket approval authorization. You can then present the course under the authority of their authorization and earn California MCLE credit as defined by the above calculations.
What are the California MCLE Requirements for Elimination of bias, Implicit Bias and the Promotion of Bias-reducing Strategies?
What exactly are these new categories? Let us take a deeper look at this issue so we can better understand this California MCLE requirement.
What Exactly Is Bias?
California MCLE requirements requite a course on bias, what is the technical definition of bias?Bias is a disproportionately weighted factor when engaging in thoughts or behavior in relation to an idea or thing. This is usually in a manner that is closed-minded, prejudicial, or unfair. Biases can be either innate or learned through operant or classical conditioning.
People often develop biases for or against individuals, groups, or even concepts. In science, a bias is considered a systematic error. Statistical bias can result from an unfair sampling of a population, or from an estimation process that does not give accurate reporting of an average.
What is Implicit Bias?
California MCLE requirements requite a course on implicit bias, what is the technical definition of implicit bias?Implicit bias is a specific form of bias that happens automatically, subconsciously, and unintentionally. It nevertheless affects judgments, decisions, and behaviors towards individuals or groups. Research has shown implicit bias can pose a barrier to recruiting and retaining a diverse legal workforce and can influence relationships with clients and peers in the legal community.
Specific targets of Implicit Bias can include race, age, gender and sexual orientation. It is important that a California MCLE course covers these topics.
Implicit Bias-reducing Strategies
California MCLE requirements requite a course on reducing bias, what is it that they are actually looking for?There are various ways that one can develop a strategy to combat implicit bias. California MCLE bias-reducing strategy courses might use and or all of the following approaches:
- Learn what unconscious biases are.
- Acknowledge that everyone has implicit biases.
- Assess which biases are most likely to affect your views of other people.
- Determine how biases are likely to affect your practice or your clients.
- Learn to identify specific types of implicit biases.
- Learn to put yourself in other people?s shoes.
It is very important to learn to identify biases and learn how to reduce their effect in your law practice. This is a very important California MCLE requirement.
What are the California MCLE requirements and rules for newly admitted attorneys?
It is important to know that there are some special California MCLE requirements for newly admitted attorneys called the "Newly Admitted Attorney Training Program". Information about this can be found at the bottom of this article.
Active Status
Only active lawyers may practice law in the state of California. Under the authority of California Rule of Court 9.9.5, all inactive licensed attorneys need to be fingerprinted prior to being switched to active status. As a result, before a lawyer can submit their Request to Transfer to Active Status form, they must review, understand and complete the fingerprinting rule requirements. This is only something that needs to happen once prior to the switch to active status. The status change to active will be effective upon the California State Bar?s receipt of the Request to Transfer to Active Status form and when the fingerprinting requirement has been met.Regarding fee payments: If applicable, once the annual fees have been adjusted, payment should be sent in quickly. It is recommended to review the full fingerprinting rule requirements information.
Reporting California MCLE Compliance
There are no specific California MCLE compliance rules for newly admitted attorneys. The rules are the same whether you are newly admitted or not.Note that compliance with California MCLE involves more than just completing the mandated activities. At the end of each reporting period, attorneys are obligated to file a "declaration of compliance" that that have fulfilled the California MCLE requirements.
This is done by going to "My State Bar Profile" and filing an online attestation of compliance. The attorney will then be sent instructions on how to create a profile upon assignment of a California bar number.
If a California attorney does not report California MCLE compliance it can result in the attorney being deemed ineligible to practice law in the state. This will be the case even if they have otherwise completed all of the California MCLE compliance courses.
The California attorney must keep certificates of attendance of California MCLE compliance courses for a minimum one calendar year compliance has been submitted.
It is possible that you will be audited, and you will be required to show these records.
Reporting Schedule
Lawyers are required to complete their MCLE requirements on a three-year cycle. Once admitted, they will be permanently assigned to a California MCLE cohort group based on the first letter of their last name. If should be noted that changing your name does not change your group. For example, if you get married and change your last name, your compliance group does not change.It should be noted that lawyers who have been licensed for less than four months within their compliance group period do not need to report compliance for their first period.
The requirement is 25 hours every reporting period. The reporting periods are every three years. The activities participated in must be approved California MCLE compliance courses. Courses are approved by of California State Bar and offered by approved California MCLE providers.
Note that the requirement is less if the attorney is not currently considered to be "Active" for three-year compliance cycle.
There are formal exemptions, but these are only relevant in very limited circumstances. Please view the Attorney Exemptions article for more details on this situation.
Proportional Requirement
Newly admitted attorneys will probably have a proportional California MCLE requirement for their first California MCLE compliance period.To illustrate this, a newly admitted attorney who went active in January 2022 with the last name Howard (H-M, or "Group 2"), and with twenty-five months on Active Attorney status, would then be required to attend a total of 18 hours of California MCLE compliance courses by Feb. 1, 2023.
The New Attorney MCLE Requirement
Newly admitted California attorneys are required to attend and complete the California State Bar?s "New Attorney Training Program".This program is comprised of 10 hours of free online instruction that is only available from the State Bar. This course is comprised of the following components:
- 4 hours of legal ethics
- 3 hours of basic skills
- 1.5 hours on competency (substance abuse, mental health issues)
- 1.5 hours on recognition and elimination of bias in the legal profession
A newly admitted attorney may count the "New Attorney Training hours" towards the California MCLE requirements if they courses were completed during their compliance cycle.
Subfield Requirements
Like those for established California attorneys, the California MCLE requirements for the Newly Admitted Attorney Training Program will include Legal Ethics hours, and two Elimination of Bias hours and an hour on Competence issues.Newly Admitted Attorney Training Program Access
All newly admitted California attorneys must complete the entire online New Attorney Training Program. As mentioned earlier, this is a ten-hour program and is available on the California State Bar website.The entirety of the training program must be finished upon one year of an attorney?s formal admission to the State Bar of California.
The Newly Admitted Attorney Training Program consists of a specific program of instruction created by the State Bar of California as is curated especially for new attorneys.
After finishing each individual course, newly admitted attorneys will be provided a certificate of attendance that can be saved to document completion of this program requirement. It is important to save an electronic or print version of the certificate of completion because course materials and program certificates of completion will be available only for 30 calendar days upon completion of a course. It is not possible to go back and obtain these documents after the 30 day period is past and attorney will need to take the course again.
Penalty for not completing the New Attorney Training
If a newly admitted attorney does not finish the required training by the year deadline, they will be fined a late penalty fee of $75.If they fail to complete the newly admitted attorney training program by their next regular MCLE group deadline, they will be placed on involuntary inactive status. At that point they will be ineligible to practice law until the requirements are fulfilled and payment is made on any outstanding penalties.
Time to Complete
They are given one year from the last day of the month in which they were admitted the training program.Accessing the Newly Admitted Attorney Training Program
New California attorneys can only access the online program on the California State Bar website after they have created their "My State Bar Profile".At that point, they will receive instructions on how to set up training program profile prior to submitting their oath card.
Using the New Attorney Training Courses to Fulfill California MCLE Requirements
These courses can be used to fulfill the regular California MCLE requirements, if the courses are taken within the appropriate MCLE compliance period group cycle.Keeping Records of Course Completion
Just like any CLE course, after completing each course, the attorney will receive a certificate that needs to be saved in order have documentation of completion.Course materials and certificates of completion must be printed or saved within 30 days of course completion of the course.
New Attorney Training Cost
There is no fee to create a profile or to complete these courses. They are designed for and are only available to newly admitted attorneys who are required to take them. Other attorneys do not have access to this program.How many minutes are in a California MCLE Credit Hour? (Calculating credit hours)
This includes instructor speaking time, actual time spent watching or listening to audio and video recordings, total duration spent creating activity materials for publication and the actual time spent attending a law school class or MCLE course.
To calculate attended time:
Hours are rounded up or down to the nearest quarter-hour (25 minutes) and expressed in decimal notation.
The California State Bar requires approved providers give 60 minutes credit for each hour of MCLE instruction.
This is the Formula:
Actual time spent in legal education activity ?? 60 = credit hours
It is important to understand that California attorneys will not receive California MCLE credit for break periods, lunch or any non-legal education activities.
Examples of activities that do not count as MCLE education are networking, company business meetings, sales activity, client facing activities, facility tours, product demonstrations, etc.
The following are the types of courses that can be used in this calculation of a California MCLE credit hour:
- Competence issues
- Legal ethics
- Elimination of bias
- Implicit Bias
- General legal topics that are not about practice management
What are the California MCLE Attendance Reporting Procedures?
If an attorney?s MCLE compliance report is audited (and it does happen), the attorney must be prepared to provide:
- Certificates of attendance for classes that they attend
- Records of all self-study activities that must include the following information: course title, provider, time spent in the activity, subject matter of the activity and the activity date
- Proof of any exempt status
Attorneys are required to keep this proof for at least a year from the time they report to the California State Bar.
Who Must Report
The MCLE reporting requirement covers attorneys who are:- Attorneys who are on active status, even if they are effectively retired and not practicing law in a meaningful manner. There is a difference between being retired and being inactive from the perspective of the bar.
- Attorneys who are on "not eligible" status because they have been suspended for disciplinary reasons or because they have not payed fees
- Attorneys who are exempt for all of the reporting period are required to still file a report, but they do not have to complete any California MCLE compliance training.
- Attorneys who are considered exempt for only a portion of a period must still complete a reduced amount of California MCLE courses as well as report the hours of attendance.
Steps to Report California MCLE Compliance
To report your CLE compliance, go the California State Bar website at:https://members.calbar.ca.gov/login.aspx
Once you have logged in, click the "MCLE" link in the reminder located at the top of the profile or click the "Minimum Continuing Legal Education (MCLE)" link in the profile menu of the webpage.
Under the "Minimum Continuing Legal Education (MCLE)" section, you must click the "Submit my MCLE compliance card now" link to report your MCLE compliance records.
It should be noted that only members in the current reporting MCLE compliance cycle group are able to access the California MCLE compliance section and report their California MCLE compliance.
The MCLE compliance section is not accessible to MCLE compliance groups that are not currently required to report. For 2023, licensees in MCLE compliance group 3 are required to report compliance by February 1. Courses must be completed midnight the day before.
Once you are in the card, if you do not know your MCLE compliance requirement, click the "determine how many MCLE hours are due" link to calculate the MCLE requirement.
Next, you need to select the appropriate MCLE compliance card option and the select the "Continue" link to review and confirm your California MCLE compliance card prior to submitting it.
Now you can complete your MCLE compliance reporting by clicking "Submit Compliance Declaration." Link.
A confirmation email will be sent to your registered email address that you entered into your profile.
What are the California MCLE live Webcasting rules?
The rules for Participatory credit are the following:
- The student sign-in at the time of the activity. The can on a normal sign in sheet or in electronic form.
- The California MCLE provider keeps records of students who have signed into the class
- The provider is able to issue a paper or electronic certificate of attendance to students who have participated in the course
California MCLE Courses that are attended online or by using media such as CDs, DVDS, audio tapes may also qualify as California MCLE participatory credit if the course provider has been approved to offer the course. In this situation it is incumbent on the student to contact the CLE provider beforehand to determine if participatory course credit has been approved by the California State Bar and the student should as the provider if the information is still current.
What are the Reciprocal State Rules and Approved Jurisdictions for California MCLE?
- the attorney is physically outside of California when attending the course/activity
- the course/activity is the type of course/activity that would normally be approved for California MCLE compliance credit
- the course/activity is accredited by an Approved Jurisdiction.
If these constraints enumerated above are fulfilled, it is not necessary for the provider or the attorney to submit the activity to California for formal MCLE credit approval.
California MCKE credit can be claimed by the attorney contingent on the approved jurisdiction approving the activity.
As noted, when a California attorney must be physically outside California when participating in the educational activity that they wish to obtain California MCLE credit for an activity approved by another jurisdiction. Online and teleconference activity and self-study media that an attorney interacts with while inside California (regardless of where the course activity originates) must be approved for credit by the California State Bar.
The jurisdiction that approves the educational course or material can be different from the jurisdiction where the activity is actually held. For example, you can participate in an activity in Vermont that is approved by Nevada.
Criteria for Approval of Jurisdictions by the California State Bar
The approved jurisdiction's course activities must meet the following criteria:- A jurisdiction must generally require significant and relevant written materials for activities more than one hour in duration.
- A jurisdiction must require at least 50 minutes of actual study, participation or instruction for each hour of credit awarded to the student.
Details
Neither CLE providers nor California attorneys send notification of an attorney's attendance to the State Bar of California.CLE activity providers are required to give California attorneys a certificate of attendance that displays the number of credit hours attended.
California attorneys may claim credit for the educational activity using the same criteria as in the approving jurisdiction. For example, if the approving jurisdiction uses a 55-minute, rather than a 60-minute hour to calculate CLE credit, the California attorney use this same criteria in their reportion. As another example, if the approving jurisdiction grants one hour of credit for bias, the California attorney can also claim one hour of credit for bias when they report their CLE activity to the California State Bar.
As usual, attorneys should save the certificate of attendance, as well as sufficient documentation to prove that the CLE course is a type of activity that would generally be approved for California credit.
An Example of an Unapproved Activity
A CLE provider is running a CLE teleconference course from Nevada that was approved in Nevada, but the California attorney is in Los Angeles while participating in the course. This would not be approved since the attorney is within the borders of California. If they were in any state other than California, it would be approved jurisdiction activity.Approved Jurisdictions
The following is a list of jurisdictions that have MCLE requirements which meet standards of the California State Bar: Alabama, Louisiana, Oregon, Arizona, Maine, Pennsylvania, Arkansas, Minnesota, Rhode Island, Colorado, Mississippi, South Carolina, Delaware, Missouri, Tennessee, England and Wales, Montana, Texas, Florida, Nevada, Utah, Georgia, New Hampshire, Vermont, Hawaii, New Jersey, Victoria, Australia, Hong Kong, New Mexico, U.S. Virgin Islands, Idaho, New York, Virginia, Illinois, North Carolina, Washington, Indiana, North Dakota, West Virginia, Iowa, Ohio, Wisconsin, Kansas, Oklahoma, Wyoming and Kentucky.What are the procedures for a California MCLE Audit?
It also important to actually comply with the audit. In many years, dozens of lawyers are referred to the Office of Chief Trial Counsel or serious compliance failures. This includes some who will be placed on administrative inactive status for ignoring requests to comply with the audit. These are attorney who were contacted multiples times by mail, email and phone calls. Do not become part of this statistic.
Let us now look at the details of the rules and procedures for California MCLE audits:
Every year, the California State Bar automatically conducts audits of the compliance group that most recently filed its MCLE compliance reports.
Audited attorneys who are unable to produce records proving that they completed the required 25 approved credit hours may be subject to a formal penalty.
If they still have not met the California MCLE requirement by November that same year, they will be formally placed on administrative inactive status. As every attorney should know, if you are on inactive status, you are not eligible to practice law.
False declarations of compliance could lead to even more severe discipline depending in the circumstances.
Receipts are Not Sufficient. You Must Send Actual Proofs of Attendance
A receipt is not sufficient as proof of California CLE course completion. If you are unable to locate your course completion certificates, you must contact the provider and ask them to provide certificate proves California MCLE course completion.Providers are required to maintain proof of attendance for four years. Contact your provider to obtain your certificates of attendance and exhaust all possible avenues to find your attendance records before completing additional courses. Submitting out of period coursework may result in your audit file being referred to the Office of Chief Trial Counsel for further investigation and/or disciplinary prosecution.
Being Audited for a Compliance Period in Which you Were Exempted
If you were in exempt status for any period of the compliance period, you need to complete the MCLE Online Summary Log by selecting "Yes" in the Exempt box and provide a letter from all of your supervisors specifying your titles and dates of employment during the MCLE compliance period.You must also include an MCLE Audit Submission Cover Sheet.
Make sure you respond by the deadline.
If you also have a proportional requirement, you should additionally submit the correct number of certificates of Californian MCLE course completion.
Failure to Have Completed the Required California MCLE Courses by Deadline
If you have been audited and failed to complete the California MCLE requirements during the compliance period, you must make up the deficiency.You will be required to submit all required hours to the online log and then mail in the proof of compliance. You will also need to send the required audit submission cover sheet, a cover letter detailing the reason that you were unable to complete the California MCLE requirements during the compliance period and the $200 deficiency fee for California MCLE non-compliance by the stated deadline.
Audit Response Deadline and Non-compliance Fees
The deadline to provide proof of California MCLE course compliance is stated on your MCLE Audit Notice communication.If you do not submit the required proof of compliance by this deadline, you will be assessed a $75 penalty for late compliance, and you will also be sent a formal Non-Compliance Notice. You will be given a date that is 60 days out by which you must respond.
If you do not send required proof of compliance and pay the stated late fee within that time period, you will be placed on Not Eligible to Practice status until you submit the needed proof of California MCLE course compliance, pay the assessed $75 non-compliance fee, and pay an additional $200 reinstatement fee.
Sending Certificates after a Notice of Deficiency
If you have received a formal notice of deficiency and are able to find the relevant certificates for courses taken within the compliance period, you must mail or submit them via email to: auditsubmission@calbar.ca.gov.It is required to include the MCLE Audit Submission Cover Sheet and a letter of explanation whenever replying to a Notice of Deficiency.
Proving Attendance by Providing Certificates of Attendance
Upon request via audit, you send the certificated via email to auditsubmission@calbar.ca.gov.You should enter your State Bar Number in the subject line of the email. Your certificate of attendance or any other documentation should be attached as a single PDF attachment.
Inability to Find Certificates of Attendance
California MCLE providers are required to provide certificates to attendees upon request. If for any reason you are unable to find your certificates of course completion or are unable to open them, you need to contact your provider to obtain a copy of the attendance certificate or a physical printout.Administrative Inactive Status
As mentioned above, this indicates that you are not entitled to practice California Law. Your public State Bar records will have a permanent note that you went through period of not entitled status. Practicing law while not in active status is a serious ethical breach.Locating your Provider
If you are having a hard time locating your provider, the State Bar website has a list of approved providers that can be searched. The address of this list is: http://members.calbar.ca.gov/search/cert.aspA common mistake CLE students make is that forget what email address that they used to sign up with the provider. Make sure you check all of your emails for correspondence from your provider. It is also common to use multiple emails with a single provider so be aware of that as well.
State Bar of California - MCLE Certificates
To receive a copy of your certificates of completion for California State Bar courses, contact:Derek Canas
The State Bar of California
180 Howard St
San Francisco, CA 94105
Derek.Canas@calbar.ca.gov
Note that all California Bar Journal courses are self-study and this should indicated on the online summary log as well as your personal self-study log.
If Two People Take a Course Together but There is Only One Name on the Certificate
If your name is not on the certificate, you can not claim attendance of the course. Do not alter someone else certificate to claim as your own. You may only submit unaltered attendance certificates issued directly by approved providers bearing your name and bar number.Sending Physical Copies of Certificates
You do not need to send in the original document. You can make copies of certificates and send those in. You may also scan physical certificates to produce a PDF and then email that in.Can you use California MCLE carry over credits?
You must complete one California MCLE compliance credit hour on the topic of competence issues. You must complete four hours of courses about legal ethics. Two total hours of California MCLE courses must be on the topic of elimination of bias.
Of these two hours, one of these California MCLE compliance credit hours courses must be on the specific topic of implicit bias. This course must detail strategies for reducing bias.
Your courses can be participatory or self-study and you must complete your course by the deadline of your compliance group.
What are Participatory and Self-study California MCLE Credits?
Approved Activities
California Continuing Legal Education (MCLE) is classified under two different categories:- participatory credit
- self-study credit
Occasionally there will be activities can qualify for either California MCLE participatory or California MCLE self-study credit.
Participatory Credit
A California MCLE provider must verify your participatory by having you sign in at the time of the activity. The California MCLE provider must keep record of participants who signed in and participate in the course. At the completion of California MCLE course, the provider must issue a certificate of attendance to all participants.Courses taken online can count for California MCLE credit. Additionally, media such as DVD, CDs or audio tapes may be used for participatory credit if the California MCLE provider has been approved for it.
Under the California MCLE requirements, at least half of the 25 MCLE hours you report must be activities known as "participatory."
Self-study Credit
The California MCLE rules specify that some educational activities qualify for self-study credit under certain circumstances:- Studying online California MCLE materials and then taking an assessment test to access your knowledge
- Authoring written materials for a law book or legal course
You cannot take more than 12.5 hours of credit in any sort of "self-study" activities.
Nonapproved Activities
It is worth noting what activities are explicitly not approved for California MCLE credit- Taking any type of correspondence courses. Even if the topic pertains to the law and practicing as an attorney.
- Performing supervisory duties in the State Bar Law Office Study Program
- Grading the California Bar Examination or working in it in any manner
- Preparing for a bar exam
- taking a bar exam for admission (regardless of jurisdiction)
- Participating as a judge pro tempore, mediator, arbitrator or settlement judge
- Judging or competing in any sort of moot court competitions
- Performing educational activities on legal topics targeted to non-attorneys
- Taking general computer, acting and writing courses that do not have a law focus
- teaching business law in a higher education context
- reading any sort of books or journals
- Supervising, reviewing or evaluating the work of associates on a form or any other less experienced attorneys
- Any activity as part of Jury duty
What are the California MCLE Exemptions?
Some attorneys are exempt from these requirements.
Being exempt meaning that the attorneys do not have to go through the California MCLE training, although they still have to file a report with the State Bar.
The following is a list of exempt attorneys:
- Attorneys who are employed full-time by the United States government as working attorneys or as administrative law judges on a permanent or probationary basis. This is regardless of the amount of their working hours. They must not otherwise be practicing law.
- State Officers and elected officials of the State of California.
- Lawyers who are employed full-time by the State of California as attorneys or administrative law judges on a permanent or probationary basis. This is regardless of their working hours. They must not otherwise be practicing law.
- Any Attorney employed by Superior Courts in the State of California. It does not matter of they are employed on a permanent or probationary basis. They must not otherwise be practicing law.
Full-time professors at state-accredited law schools, the American Bar Association (ABA), or both.
California MCLE Providers
There are three types of approved California MCLE providers:
Legal Specialist Provider
The State Bar?s legal specialization program certifies individual lawyers as specialists in certain domains of practicing law. These certified specialists must take and report an additional number of Legal Specialization Continuing Legal Education credits to maintain their certification. Depending what type of course it is, an educator may have to apply separately for different and distinct Legal Specialization Continuing Legal Education approval.To be a Legal Specialist Single Activity Provider, a provider must first apply for normal MCLE credit. Next, on that very same application, they must select the applicable legal specialization option.
The application fee to obtain an Legal Specialist Single Activity Provider status is a $90 processing fee plus an additional $22 for each distinct specialty area.
These providers are given blanket approval during their authorization period to offer credit in a specified domain of law for certified specialist education activities that meet the standards for approval.
Single Activity Provider
A Single Activity Provider is authorized to provide California MCLE credit for only one activity. To be considered for Single Activity Provider status, the provider must submit an approved application to the State Bar. The application fee for Single Activity Provider status is $90. If it is approved, the provider may either offer the approved educational activity once or multiple times, without any changes, bit only for a limited two-year period.Multiple Activity Provider
A Multiple Activity Provider is authorized to award California MCLE credit for any educational activity that complies with the constraints of the Multiple Activity Provider agreement. To apply for Multiple Activity Provider status, an educator must within a two-year period approved for four different single-activity California MCLE programs. The four MCLE California MCLE programs must each be unique and not repeat presentations of the same course. The California MCLE courses must be offered on four separate dates.The provider must submit an application for Multiple Activity Provider status within the same period. The application fee for MAP status is $360.
If approved, Multiple Activity Provider status lasts for three-year renewal cycle, which expires on June 30 at the end of the three-year provider cycle.
Responsibilities of California MCLE Providers
Every provider must follow all State Bar rules and terms applicable to an approved California MCLE course.Every provider must give the State Bar of California with electronic attendance reports in a form specified by the State Bar of California within two months of completion of the California MCLE course.
Every provider must keep a Record of Attendance for a California MCLE activity for four years after the presentation of the California MCLE course and provide it to the California State Bar upon request. The requested report must include the title of the California MCLE course, course date, total credit hours given, any specific credits awarded for legal ethics, elimination of bias, implicit bias, or competence issues, and whether the activity is either participatory or self-study. The report also needs to specify the full name and California State Bar number of each course student.
California MCLE Activity Rules
To be authorized as a California MCLE educational activity, a course must adhere to the rules in this section.The California MCLE course must pertain to legal subjects directly relevant to approved providers of the State Bar or have significant and timely professional and practical material.
The presenter of the California MCLE course must have significant professional or academic experience that is relevant to the course that they are teaching.
Marketing material issued by the provider must state that the California MCLE course is approved for California MCLE credit. If approval is pending, it may state as such. The marketing material must specify the amount of California MCLE credit offered. The marketing material must state whether any of the California MCLE credit may be claimed by the attendee for required MCLE in legal ethics, elimination of bias, implicit bias or competence issues.
What are the penalties for California MCLE missed deadline or what if you need a good cause modification?
If you missed your compliance period deadline at the end of your three-year compliance cycle, you will be assessed a $75 late penalty.
At that point, you are given additional time to complete the requirement before you face the final deadline. Paying the late penalty and reporting compliance after you complete the hours is preferable to facing potential discipline for filing a false report of compliance. The final deadline is June 30th in the year that ends your compliance period.
If you are unable comply by June 30, you have an option of requesting an extension of time. This is called a good cause modification and you must pay a $75 late fee if you have not filed your MCLE report by the deadline.
Good Cause Modification
If you find yourself in a difficult situation that makes it a hardship for you to fulfill your California MCLE requirement, you can file a request for a "good cause modification" to help you to meet your requirements.There are some situations that make these types of requests valid:
- You live in a remote area that doesn?t have adequate internet access (though in this day and age one might wonder how your are successfully practicing law)
- You have a mobility or other physical health issue that gets in the way of your ability to attend participatory California MCLE activities.
- You have an unexpected personal or family emergency
In these types of situations, you are entitled to make a special request for an extension to the deadline to comply with your California MCLE requirements. You also have the option to request permission to complete all of your 25 MCLE hours as self-study credits.
Whatever is happen that is motivating this request, you must show good cause. You should now that not all requests are approved.
Filing a Good Cause Modification
To submit a good cause modification, you must reach out to the California MCLE Program to request an application and pay the required $75 nonrefundable processing fee.The application for this type of request is not available online. You must make the $75 payment payable to the State Bar of California. In your request, you can also ask for certain fee reductions.
Inactive Status
Attorneys on voluntary inactive status do not have meet any California MCLE requirements.
Bad Reasons to Request a Good Cause Modification
Here are some types of requests that would not be considered good cause:- You believe that you personally are not in need of any education in the special requirement areas of substance abuse or of elimination of bias in the legal profession. There is no argument that can be made here.
- California MCLE Compliance is simply inconvenient for you.
- Being busy or having crushing deadlines such as an impending big trial, do not rise to the stand of "good cause" for an extension of time
- You are not actually practicing law (if you are listed as "active", you need to do your California MCLE no matter what)
- You are practicing for a very small amount of time or for very few clients.
- You practice in a specialized substantive area and believe that MCLE is not necessary for you
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