|
|
 |
Mandatory CLE—New York Requirements
There are currently in effect requirements for mandatory continuing
legal education, both for newly admitted attorneys and for all other
attorneys admitted and practicing in New York. As described in more
detail below, one part of the rules applies only to persons admitted
here after October 1, 1997, and requires newly admitted attorneys to
complete a minimum of 32 hours of accredited transitional education
within the first 24 months after admission. This portion of the
requirement (Part B) does not apply to attorneys admitted in New York
prior to October 1, 1997. The rules pertaining to attorneys admitted
prior to October 1, 1997, requiring 24 credits, including at least four
in the area of ethics and professionalism, per 24-month biennial
reporting period, went into effect on December 31, 1998 (see in
particular Part C of the Rules).
Captioned as "Mandatory Continuing Legal Education Program for
Attorneys in the State of New York," these rules were adopted in the
Joint Rules of the Appellate Divisions of the Supreme Court, and are
found at 22 N.Y.C.R.R. part 1500. The mandatory CLE rules can be
accessed at NYSBA’s web site at www.nysba.org, from the Unified Court
System web site at http://www.courts.state.ny.us/mcle.htm or
obtained by calling the New York State Continuing Legal Education Board
at (212) 428-2105 (outside of New York City, call toll-free at
1-877-NYS-4CLE), (212) 428-2105 (for calls outside of New York City,
toll-free at 1-877-NYS-4CLE). Questions about MCLE requirements may be
directed to the NYS CLE Board by e-mail to cle@courts.state.ny.us.
Summary of the Mandatory CLE Rules for Newly Admitted
Attorneys During the First Two Years After Admission:
Since the fall of 1997, there has been in place a mandatory
continuing legal education (MCLE) requirement in New York that applies
to persons admitted after October 1, 1997 (this requirement does not
apply to attorneys admitted in New York prior to that date). These MCLE
rules require newly admitted attorneys to complete a minimum of 32 hours
of accredited transitional education within the first 24 months after
admission. In broad brush, here are the features of the MCLE rules for
newly admitted attorneys:
- 32 credit hours are required of newly admitted attorneys during the
first two years after admission (16 credit hours per year)
- of the 16 credit hours each year, 3 are to be in the areas of ethics
and professionalism; 6 in the area of skills; and 7 in the area of law
practice management and various areas of professional practice
- except for ethics and professionalism credits, 8 credits (in excess
of the 16-hour requirement) may be carried over from the first year to
the second year, and 6 credits may be carried over from the second year
to the next biennial reporting cycle
- courses taken should be "transitional legal education," i.e.,
practical skills or basic, entry-level courses
- no self-study, correspondence work, videotapes or audiotapes, motion
picture presentations, or courses online may be used to satisfy these
requirements, without special approval from the Board, except for those
based in law offices outside the United States, who may fulfill up to 12
credit hours through these formats without prior permission from the
Board
- only accredited courses and programs may be used to satisfy the
requirements
- the Board will maintain a list of approved sponsors - see listing
under CLE at www.courts.state.ny.us
- attendees must receive a certificate of attendance from the sponsor
of the program they attended, and such certificates should be retained
for four years (attorneys may be asked by the Board to produce a copy,
as evidence of attendance)
- reciprocity will be granted for credits earned at approved courses
taken in other MCLE states where New York’s MCLE standards are
met
- there are provisions for waivers, exemptions, and extensions of time
to comply, in hardship cases
- some exemptions will be allowed:
- attorneys who do not practice in New York
- full-time, active-duty members of the US Armed Forces
- attorneys admitted pro hoc vice
- attorneys who certify that they are retired from practice
- newly admitted attorneys will certify their compliance by so
indicating on their biennial registration form—there will be
random audits to monitor compliance
- non-compliant attorneys will be reported to their Appellate Division
for appropriate action
Summary of Requirements for Attorneys in Practice Beyond the First
Two Years After Admission to the Bar
A general MCLE requirement is in effect as of December 31, 1998, and
applies to all attorneys in New York. Here is a summary of its
provisions:
- twenty-four credit hours must be earned per biennial registration
cycle (two years); at least 4 of these credit hours must be earned in
the area of ethics and professionalism
- up to 6 credit hours may be carried over from one biennial reporting
period to the next
- only accredited courses and programs may be used to satisfy the
requirements
- the Board will maintain a list of approved sponsors - see listing
under CLE at www.courts.state.ny.us
- attendees must receive a certificate of attendance from the sponsor
of the program they attended, and such certificates should be retained
for four years (attorneys may be asked by the Board to produce a copy,
as evidence of attendance)
- in addition to traditional continuing legal education programs, the
rules indicate that the following may qualify for credit, upon
submission to the CLE Board for verification procedures:
- videotapes
- audiotapes
- motion picture presentations
- interactive video instruction
- programs electronically transmitted from another location
- self-study
- correspondence work
- online computer courses
- credit will be given, under certain circumstances, for speaking and
teaching at CLE programs or law school classes, attending law school
courses, or legal-research based writing
- credit will be given, under certain circumstances, for performing
pro bono legal services, up to a maximum of 6 credit hours in one
reporting cycle
- credit will be given for judging law competition, mock trials and
moot court arguments, including those in high school
- reciprocity will be granted for credits earned at approved courses
taken in other MCLE states where New York’s MCLE standards are
met
- some waivers, extensions, and exemptions will be allowed:
1. hardship cases, subject to Board approval (waiver or extension)
2. full-time, active-duty members of the US Armed Forces (exempt)
3. attorneys admitted pro hac vice (exempt)
4. attorneys who certify that they are retired from practice
(exempt)
5. judicial and quasi-judicial officials (they are required to attend
CLE programs under a different set of rules)
- attorneys will certify their compliance by so indicating on their
biennial attorney registration statement—there will be random
audits to monitor compliance
- non-compliant attorneys will be reported to their Appellate Division
for appropriate action
For further questions about these Rules, including those dealing with
exemptions from these MCLE rules, or specifics about accreditation of
programs, you should contact the New York State Continuing Legal
Education Board, 25 Beaver Street, 11th Floor, New York, NY 10004.
Questions may be submitted by e-mail to:
cle@courts.state.ny.us .
If you have questions about the New York State Bar
Association’s CLE programs and MCLE credits, please contact: Mr.
H. Douglas Guevara, Director of Continuing Legal Education, New York
State
Bar Association, One Elk Street, Albany, NY 12207; phone: (518)
463-3200; fax (518) 463-8844; e-mail: dguevara@nysba.org
|
