Frequently-asked Questions About MCLEWhat are the General Requirements
of the MCLE program? Every active member of the State Bar must complete a minimum of 15 hours
of accredited continuing legal education (CLE) during each MCLE compliance
year. Of the minimum 15 hours, at least 10 of the hours must be earned
in the form of formal courses or seminars. Five of the 15 hours can
be in the form of self-study activities, which would include reading legal
periodicals, viewing videotapes or listening to audiotapes of CLE activities.
At least three hours of the minimum 15-hour requirement must be in the area
of legal ethics/professional responsibility; one hour of this minimum 3-hour
requirement may be completed in the form of self-study credit. Back to Top What is my "MCLE Compliance Year?”
For most attorneys, the MCLE compliance year is a one-year period that
begins on the first day of the attorney's birth month and ends one year
later on the last day of the month that immediately precedes the birth month.
However, for newly licensed attorneys, the initial MCLE compliance year
is a 24-month period that begins on the first day of the attorney's first
birth month to occur after the licensing date and ends two years later,
on the last day of the month that immediately precedes the attorney's birth
month. For example: Assume an attorney has an
admission date of May 23, 2005, and March is the attorney's birth month.
Since March 1, 2006 would be the first day of the next birth month to occur
after admission, then the first compliance year would begin on March 1,
2006, and end 24 months later on the last day of the month that immediately
precedes the attorneys birth month, or in this case, February 28, 2008.
Credits taken between these two dates will be applied toward the attorney's
initial compliance year. In addition, credits completed one year prior to the start of the initial
MCLE compliance year will be allowed. In the example given above,
the attorney may use CLE credits accumulated on or after March 1, 2005 toward
the 15-hour minimum requirement of the initial compliance year. Back to Top How will my attendance at
MCLE accredited activities be reported to the Bar? If you attend a formal course or seminar that has been accredited for
MCLE credit in advance, you should receive a State Bar
Course Attendance Form which you will need to complete, sign and leave
with the sponsor at the end of the course. The sponsor will
then forward the attendance forms to the MCLE Department and the attendance
information will then be entered in your current MCLE compliance record.
If you attend an accredited activity via the Internet or by telephone, the
sponsor of the activity will still submit your attendance. The sponsor
may complete the attendance form for you, or report electronically to the
MCLE office. However, please note that it sometimes takes several
weeks to receive attendance information from the sponsor, regardless of
the method of presentation. Back to Top If I attend a course that does
not have advance MCLE accreditation, how can I receive credit for it?
If a CLE course does NOT have advance accreditation for MCLE credit in
Texas and if the course is conducted at
a location within Texas,
you can receive MCLE credit for the course only if the course sponsor
files an application with the MCLE Department and the course is subsequently
accredited. However, for out-of-state CLE courses (not including teleconference,
Internet, satellite or other electronic delivery programs) that do not have
advance accreditation in Texas,
you can file an individual request to have such a course accredited for
MCLE. A completed State Bar Application for Accreditation
of CLE Activity along with the required $25 accreditation fee should
be submitted for each such out-of-state course. Back to Top What is the difference between
Participatory, Self-Study and Ethics credit hours? CLE hours can either be in the form of Participatory hours (which are
classified as either Group Participatory Credit, or
Interactive Participatory Credit) or Self-Study hours (which are
reported individually by each attorney and are limited to no more than five
per MCLE compliance year). Group Participatory Credit is received by attending (through non-electronic
means) a formal course or seminar that has been accredited. Interactive Participatory Credit is received by participating
in an accredited CLE activity through some type of electronic medium such
as teleconferencing and interactive computer seminars. Of the two types of CLE credit hours, Participatory or Self-Study, EITHER
can be in the area of legal ethics or professional responsibility.
However, only one of the three-hour minimum requirements for legal ethics
may be satisfied through Self-Study. The remaining two ethics/professional
responsibility hours must be completed as either Group
Participatory Credit or Interactive Participatory Credit.
Back to Top Will I be required to file a
report at the end of my MCLE compliance year? Although the MCLE rules no longer require that an annual MCLE report
be filed with the State Bar, attorneys must report CLE credits that are
not currently listed on the MCLE record. Failure to timely
report CLE credit hours needed for compliance could result in a non-compliance
penalty of $100, $200 or $300. The MCLE Annual Verification Report will
be mailed to you eight weeks prior to your birth month and the end of your
initial MCLE compliance year. Upon receipt of the report, you
should review your transcript of CLE credits and make any additions or corrections
in accordance with the instructions on the form, or make additions or changes
to your MCLE record via the “My Bar Page” link located at www.texasbar.com. However, if no changes are needed, and the report shows that you have
completed the requisite number of CLE hours needed for the compliance year,
no further action on your part is required. Back to Top How do I add self-study CLE
credit to my MCLE compliance record? A maximum of five hours of self-study credit can be applied toward your
MCLE requirements for each MCLE compliance year. (At least 10 hours
of the minimum 15-hour requirement for each compliance year must be in the
form of Participatory credit). Self-study credit should be added at
the end of each MCLE compliance year using the input form that will be enclosed
with your Annual Verification Report, or self-study can be added at anytime
via the “My Bar Page” link located atwww.texasbar.com
.
Back to Top What if my minimum CLE credits
are not completed or reported by the last day of my MCLE compliance
year? If you have NOT completed or reported the minimum 15 hours of
CLE by the last day of your MCLE compliance year, you will automatically
be given your birth month as a grace period in order to complete and
report your credits without a penalty. However, if your minimum
CLE credits are not completed and reported by the last day of your
birth month, then you would be in non-compliance and subject to a penalty.
The non-compliance penalty is determined by the date upon which the MCLE
Director receives the member’s report of the completed hours, as follows:
$100 if received within one month after the birth month, $200 if received
within two months after the birth month, and $300 if received thereafter,
but before suspension of the member. Payment of the non-compliance
fee is required in order to bring a member’s MCLE record into compliance.
Failure to pay the non-compliance fee shall be considered non-compliance
with MCLE requirements and will subject the member to suspension. Back to Top Will I receive any type of notice
of my MCLE requirements on my birth month? If your MCLE record reflects that you are still lacking the minimum CLE
credits for the compliance year, aReminder Notice will be sent to
you on the first day of your birth month advising that the remaining credit
need to be completed and reported by the last day of the month to avoid
a penalty fee. You can also contact the MCLE Department at any time
during the year to check your current status, or you can check your status
over the Internet at www.texasbar.com,
under the “My Bar Page” link. Back to Top What if I do not receive my Annual
Verification Report? The MCLE Annual Verification Report will be mailed to
you at the address shown for you in the Membership records here at the Bar.
If your report is not received two months prior to your birth month, please
contact the MCLE Department so that a duplicate report can be prepared and
mailed. Please note that it is each attorney's responsibility to maintain a current
mailing address with the Membership Department of the Bar. Any failure
to meet the MCLE requirements due to an attorney's failure to maintain a
correct address with the Bar will not be allowed as an exception for failure
to meet the MCLE requirement Back to Top If I attend a CLE course during
my MCLE compliance year and it does not appear on the transcript portion
of my Annual Verification Report, how do I add this credit to my record?
First, verify with the sponsor of the activity that it was accredited
for MCLE in Texas.
CLE activities accredited in other states are NOT automatically accredited
in Texas.
If the activity is accredited in Texas,
the sponsor of the activity will be assigned a 9-digit course number for
the activity, and credit for the course can be added to your MCLE compliance
record using the input form enclosed with your annual report. Back to Top If I accumulate CLE credit hours
in excess of the minimum requirement, can I carry over these hours to the
next MCLE compliance year?
Yes. You may carry over a maximum of 15 credit hours (including
three hours of ethics and five hours of self-study) from one MCLE compliance
year to the next. However, any hours earned in excess of the 15-hour
maximum carry-forward, cannot be used for MCLE purposes. Back to Top Are there any attorneys
who are exempt from the MCLE requirements? Yes. The MCLE Rules provide for exemptions and/or special provisions
for the following categories of attorneys: - Those placed on Inactive status with the Membership Department of the
Bar; and who have been Inactive during the entire MCLE compliance year.
- Those who are not engaged in the practice of law in Texas at any time
during their MCLE compliance year (known as the Non-Practicing exemption);
- Full-time faculty members of ABA-approved law schools;
- Judges, both state and federal;
- Those who are employed as full-time attorneys with certain offices of
the Texas Legislature;
- Members of the Texas Legislature or members of Congress; and
- Those with circumstances that demonstrate an undue hardship due to an
extreme medical or physical disability that prevents compliance.
Some of these categories are true exemptions, meaning that the attorney
would not have to complete any CLE while in such an exempt status; others
are special credit allowances that may or may not completely satisfy the
full minimum requirements.
Back to Top If you have any additional questions concerning the MCLE program in Texas, please contact
us at: State Bar of Texas
MCLE Department
P.O. Box 13007
Austin, Texas 78711-3007
(800)204-2222, ext. 1806
or (512) 427-1806
FAX: (512) 427-4123
E-mail: MCLE@texasbar.com
www.texasbar.com “My Bar Page”,
or
www.texasbar.com/mcle.
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