Tag Archives: MCLE

California Lawyer, Education, Law Practice Management, Management, Scope

CalBar Board Committee of Member Oversight Clarifies Definition of Acceptable MCLE


MP900403638As I wrote on July 24th, 2012:

"The State Bar of California Board Committee on Member Oversight seeks
to amend the definition of what qualifies for proper MCLE credit in the
state of California.  Apparently, some confusion has arisen regarding
whether CLE programs may only contain substantive law versus whether they may encompass other ares of law practice and/or law practice management."

On November 15th, 2012, the Board of Member Oversight voted to amend the education standards in MCLE rules 2.52(A) and 3.601(A), effective January 1st, 2013.  To be specific, they voted to change one
word, as illustrated below:

“The activity must relate to legal
subjects directly relevant to members of the State Bar and or
have significant current professional and practical content.”

This is great news for MCLE providers in the State of California – and my Law Practice Management and Technology Section, specifically – because effective January 1st, 2013, we may provide to you,
State Bar membership at large and the public:

  • Topics related to business or financial management of a law firm;
  • Topics
    related to law office operation, including but not limited to facilities, staffing,
    systems and equipment;
  • Topics
    related to creation and improvement of legal case work and work flow
    management, including time management of attorneys and support staff, and
    delegation of responsibility;
  • Topics
    related to the competent delivery of legal services and/or the establishment
    and maintenance of effective law office management;
  • Topics
    related to communications by and between attorneys and support staff
  • Topics
    related to the use of computer and/or Internet technology in the practice of
    law     or the management of a law office    .
  • Topics
    related to the lawful and ethical management of a law office’s financial
    accounts including client trust accounts.
  • Topics
    relating to lawful and ethical client fee agreements, fee sharing and referral
    arrangements.

My favorite is highlighted; considering this is a law technology blog, of course.  It's a win-win for all concerned.

California Lawyer, Education, Law Practice Management, Management, Scope

Public Comment Requested: CalBar Board Committee of Member Oversight Asks, “What is an MCLE?”

Dragon-weathervane-1As stated in the headline, The State Bar of California Board Committee on Member Oversight seeks to amend the definition of what qualifies for proper MCLE credit in the state of California.  Apparently, some confusion has arisen regarding whether CLE programs may only contain substantive law versus whether they may encompass other ares of law practice and/or law practice management.  Here's the issue in Calbar's language:

"The proposed rule amendment clarifies and eliminates ambiguity as to what constitutes permissible and credit-worthy MCLE. Additionally, the change also expands the scope of acceptable MCLE to programs and activities that relate directly to the management and operation of a member’s law office and to mediation training."

Concurrently, CalBar's Task Force on Admissions is in the process of evaluating the implementation of a pre-admission practical skills training program.

Folks, these issues are near & dear to my heart. Obviously, as the incoming Chair of CalBar's LPMT Section, I have a few opinions on this subject.  Considering that most law schools don't spend much time focusing on what successful candidates should do once they arrive in the real world of law practice, I feel that limiting continuing legal education offerings to substantive law-only would be a huge detriment to newbie attorneys as well as veterans.  At least, that's what we see from the attendance at our CLE programs.

Therefore, I ask that you examine the proposed amendment, then make your voices heard.  Public comment remains open through September 8th, 2012.