Mandatory Continuing Legal Education Regulations
Purpose
The Virginia Supreme Court has established, by Rule of Court, a mandatory
continuing legal education program in the Commonwealth of Virginia, which
requires each active member of the Virginia State Bar annually to complete
a minimum of twelve (12) hours of approved continuing legal education
courses, of which at least two (2) hours shall be in the area of legal
ethics or professionalism, unless expressly exempted from such
requirement.
The Virginia Supreme Court has established a Continuing Legal Education
Board to administer the program and has given to it those general
administrative and supervisory powers necessary to effectuate the purposes
of the Rule, including the power to adopt reasonable and necessary
regulations consistent with the Rule.
Pursuant to this authority, these regulations have been adopted by the
Continuing Legal Education Board.
Regulation 101: Definitions
As used in these regulations, the following definitions shall apply:
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The "Rule" shall mean the provisions of the Mandatory Continuing Legal
Education (also referred to as “MCLE”) Rule established by Paragraph 17
of Section IV, Part Six, Rules of Virginia Supreme Court.
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The "Board" shall mean the Virginia State Bar Mandatory Continuing Legal
Education Board established by Paragraph B of the Rule.
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A "Member" as defined by Paragraph 2 of Section IV, Part Six, Rules of
Virginia Supreme Court, shall comprise all attorneys-at-law in this
commonwealth.
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An "Active Member," shall mean an Active or Emeritus Member as defined
by Paragraph 3 of Section IV, Part Six, Rules of Virginia Supreme Court.
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A "newly-admitted member" shall mean a person first admitted to practice
during the current completion period.
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A "program sponsor" or "sponsor" is any person or entity presenting or
offering to present one or more continuing legal education programs.
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The terms "course" and "program" mean a discrete continuing legal
education (also referred to as “CLE”) offering, regardless of length or
daily schedule, provided that the course or program is a minimum of 30
minutes in length.
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An "accredited sponsor" shall mean an organization which, based on a
history of providing approved courses and pursuant to Regulation 105,
has been granted approval for its programs. The programs must meet the
approval standards of Regulation 103 and are not subject to the
individual course application procedures of Regulation 104(a).
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An "approved course" means a course expressly approved by the Board for
the relevant completion period or a course offered by an accredited
sponsor during the completion period for which the sponsor is accredited
and meets the approval standards of Regulation 103.
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A “pre-recorded course” means a program where a live presentation has
been recorded and presented via any electronic media (e.g. videotaped,
DVD or CD-ROM presentations, audiotaped or CD presentations,
pre-recorded telephone seminars or webcasts, on-demand online courses,
etc.) that does not include simultaneous, live interaction with the
prese
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A "specially approved course or program" means a course which does not
meet the standards of regulation 103(b) and (c) but which, because of
its significant value to the practice of a member who has sought
approval, has been approved by the Board for such member. As to such
member, the term "approved course" includes a specially approved course
or program.
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The term "panel(s)" shall mean a committee or committees organized by
the Board for the purpose of expeditiously considering and deciding
matters arising under the Rule and these regulations.
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The term “Director of MCLE” or “MCLE Director” shall mean the head of
the Mandatory Continuing Legal Education Department of the Virginia
State Bar who acts as the liaison and administrative staff for the B
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A course or program offered "in-house" means one sponsored by a single
private law firm, a single corporate law department or a single federal,
state or local governmental agency or military branch for lawyers who
are members or employees of the firm, department, agency or branch.
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The term "completion period" shall mean a period of one year beginning
on November 1, of one year and ending on October 31 of the next year;
provided, however, that the next completion period following June 30,
2001, shall be July 1, 2001, to October 31, 2002.
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The term "faculty member" shall mean a person qualified by practical or
academic experiences to teach the subject he or she covers.
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"Credit hours" (also referred to in context as "hours," "credits," and
"hours credit") are the 60-minute units used for measuring completion of
Mandatory Continuing Legal Education as required by the Rule.
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"Ethics credits" are credit hours which apply toward Mandatory
Continuing Legal Education in the area of legal ethics or
professionalism as required by the Rule.
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A "qualified ethics course or component" is a clearly identified segment
of a course or program which meets the requirements of Regulation 103(d)
and is devoted to one or more topics embraced in recognized formulations
of rules of professional conduct or codes of professional responsibility
applicable to attorneys and/or to the systems and procedures which have
been established for enforcement and interpretation of those rules or
codes. An ethics component in a course or program involving a
substantive area of law may constitute a “clearly identified segment” if
the integration of the substantive material is necessary to understand
the ethical topic, and if the ethical topic is the primary focus of the
segment. Such a segment must be appropriately described or entitled in
the course materials and must have a defined duration in the course or
program schedule.
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A "qualified professionalism course or component" is a clearly
identified segment of a course or program which meets the requirements
of Regulation 103(d) and is devoted to one or more topics designed to
educate and encourage attorneys to aspire to and achieve higher and more
noble standards of professional conduct than the minimum standards set
forth in recognized formulations of rules of professional conduct or
codes of professional responsibility. All or part of a malpractice
program may qualify as a professionalism course or component if it is
devoted to one or more topics designed to educate and encourage
attorneys to take measures in the conduct of the practice of law to
serve the interests of the client, consistent with the attorney’s
fiduciary duty to the client, and to endeavor to maintain an appropriate
standard of care in the practice of the profession. Such a course or
component will not be approved if the primary focus is malpractice
litigation tactics or strategy. All or part of a clearly identified
segment of a course or program on the topic of elimination of bias
and/or need for diversity may also qualify as a professionalism course
or component thereof if it meets the requirements of regulation 103
(C)(2) and is devoted to one or more topics designed to educate and
encourage lawyers to recognize the importance of the need for diversity
and elimination of bias in the practice of law to ensure that the legal
system is equally responsive to the legal needs of all members of the
public. Such a segment must be appropriately described or entitled in
the course materials and must have a defined duration in the course or
program schedule. A professionalism component in a course or program
involving a substantive area of law may constitute a “clearly identified
segment” if the integration of the substantive material is necessary to
understand the professionalism topic, and if the professionalism topic
is the primary focus of the segment. Such a segment must be
appropriately described or entitled in the course materials and must
have a defined duration in the course or program schedule.
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A “qualified wellness and professional health initiatives course or
component” is a clearly identified segment of a course or program which
meets the requirements of Regulation 103(c)2 and is devoted to one or
more topics designed to educate and encourage lawyers, law students, and
judges to recognize that the personal health and wellness of legal
professionals are inseparable from the duty of such professionals to
provide competent services to the public and ensure its protection. Such
a segment must be appropriately described or entitled in the course
materials and must have a defined duration in the course or program
schedule.
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A “course presented by distance learning methods” includes any course in
which the participant seeking credit received the instruction at a
location different from the location from which the instruction was
presented or at a time different from the time when the instruction was
presented. Thus, all courses presented to participants from
pre-recorded media (e.g. videotape, DVD or CD-ROM presentations,
audiotape or CD presentations, pre-recorded telephone seminars or
webcasts, on-demand online courses, etc.) are “courses presented by
distance learning methods.” Similarly, any course taken by a
participant at a location separate from the instructor (e.g. live
telephone seminars, live webcasts, live videoconferences, etc.) are
“courses presented by distance learning methods.” (Comment: See
MCLE Board Opinion
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The term “online MCLE record” shall mean the electronic access to the
individual attorney's MCLE record maintained by the MCLE Department of
the Virginia State
Regulation 102: Requirements and Computations
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Each active member, other than a newly-admitted member as defined in
Regulation 101, shall complete, during each completion period in which
he or she is an active member for any part thereof, a minimum of twelve
(12) credit hours of approved continuing legal education (also referred
to as CLE) courses, of which at least two (2) hours shall be in the area
of legal ethics or professionalism. Of the twelve credit hours
required, no more than eight (8) may be earned from pre-recorded
courses. Credit must be obtained in the manner hereinafter
provided, unless expressly exempted therefrom pursuant to the provisions
of Regulation 110 or waived pursuant to Regulation 111.
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Credit will be given to a member who personally attends an approved
course and to a member who prepares written materials for an approved
course and to a member who personally participates as an instructor for
such course. Credit in the area of legal ethics or professionalism will
be given to a member who attends a course approved for credit in such
area and to a member who personally prepares materials for a qualified
ethics or professionalism component of such course and to a member who
personally participates as an instructor for such a
component.Credit will be given to a member who personally prepares
written materials for a qualified course on a volunteer non-compensated
basis concerning lawyer well-being initiatives and to a member who
personally participates as an instructor for such courses given to
judges or law students on a volunteer non-compensated basis.
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Credits for attendance will be awarded on the basis of time spent in
personal attendance at an approved course which meets the standards of
these regulations. Credits for teaching will be awarded on the basis of
time spent in personal participation as an instructor at an approved
course. However, no credit will be awarded for teaching and preparation
of a "specially approved course or program." Credit hours will be
computed by calculating the total instructional minutes attended or
taught for the course, rounded to the nearest half hour. Credit will not
be given for time spent in meal or coffee breaks. Credit will not be
given for keynote speeches or introductory remarks or time spent on any
subject matter which is not directly related to instruction pertinent to
that course.
EXAMPLES:
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A member attends a one-day course or seminar with seven (7)
segments, each lasting 50 minutes. Two of the segments are in the
area of legal ethics or professionalism under the standards set
forth in Regulation 103. Credit hours will be computed by
calculating the total instructional minutes rounded to the nearest
half hour. Since there are 350 total instructional minutes (5 hours,
50 minutes) the Board will round this time to the nearest half hour
and the member will receive six (6) hours credit, not seven (7). Of
such six (6) hours credit, one and one-half (11/2) hours (100
minutes rounded to the nearest half hour) will be in the area of
legal ethics or professionalism.
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A member attends a course or program which is presented all day
Friday and on Saturday morning. The member attends a 3 hour, 15
minute Friday morning session; a 2 hour, 15 minute Friday afternoon
session; and a 3 hour, 10 minute Saturday morning session. Since the
total instruction time is eight (8) hours and 40 minutes for the
two-day program, the Board will round this time to the nearest half
hour and the member will receive 8 1/2 hours of credit.
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A member attends a course or program which is advertised as having
been "approved by the Virginia Mandatory Continuing Legal Education
Board" for six (6) credit hours, of which one and one-half (1 1/2)
apply in the area of legal ethics or professionalism. No further
computation need be made by the member if he attends the entire
course or program.
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A member personally teaches any of the courses in the previous
examples. The teaching member will receive credit hours for teaching
time computed in the same fashion as the credit hours are computed
for the attending member.
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A member is a teacher at a one-day course or program with seven (7)
segments, each lasting 50 minutes. Application forms are filed
certifying that the member taught one segment and also attended one
segment. The member did not attend or teach the other five segments.
Since the member attended or taught 100 total instructional minutes
for the course, the Board will round this time to the nearest half
hour and the member will receive 1 1/2 hours of credit. The member
does not receive one credit hour for 50 minutes teaching plus one
credit hour for the other 50 minutes attending.
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Credits for preparation will be awarded on the basis of time spent by a
member (i) in preparing written materials which meet the standards of
these regulations for use in the presentation of an approved course; and
(ii) in preparing a personal presentation as an instructor for an
approved course. The number of preparation minutes eligible for credit
shall not exceed four times the number of instructional minutes in the
presentation which is being prepared. Credit hours will be computed by
calculating the total minutes spent in preparation for the course,
rounded to the nearest half hour. In no event shall more than eight (8)
hours of credit be awarded for preparing a single course or program.
EXAMPLES:
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A member prepares thorough, high-quality instructional written
materials which appropriately cover the subject matter for an
approved program which lasts 120 minutes. The member certifies that
eight (8) hours or more was spent preparing the written materials.
The Board will award eight (8) credit hours for preparation time.
This does not exceed the maximum limit of four times the
presentation time of the program and is consistent with the maximum
limit of eight (8) hours of credit for preparing a single course or
program.
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Same as example 1 above except the member also taught the entire
program and certifies that an additional eight (8) hours or more was
spent preparing for the presentation as an instructor. This is a
total preparation time of sixteen (16) hours. The Board will still
award eight (8) credit hours for preparation time because this is
the maximum limit of four times the presentation time and also
because this is the maximum limit of credit for preparing a single
course or program. However, the member will be awarded two (2)
credit hours for teaching time and will therefore receive a total of
ten (10) credit hours for the activities in preparing and teaching
the program.
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A member teaches at a course approved for five (5) credits including
one (1) ethics credit. The member certifies that he taught the
morning ethics segment of twenty (20) minutes. The member
further certifies that one hour and twenty minutes was spent
preparing for the presentation. Since the member taught twenty
(20) minutes eighty (80) minutes (four (4) times the presentation
time) of the member's preparation time is eligible for credit.
The Board will total the minutes and round this time to the nearest
half hour and the member will therefore receive a total of one and
one half (1.5) hours CLE credit including one and one half (1.5)
hours ethics credit for teaching and preparing the ethics segment.
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A one-year carryover of credit hours will be permitted, so that accrued
credit hours in excess of one year's requirement may be carried forward
to meet the requirement of the following year. A member may carry
forward a maximum of twelve (12) credit hours, not more than two (2) of
which, if earned in the area of legal ethics or professionalism, may be
counted toward credit hours required in such area. No more than
eight (8) credit hours, of which not more than two (2) ethics or
professionalism credit hours, may be carried forward from pre-recorded
programs.
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A member shall not receive credit for any course attended in preparation
for admission to practice law in any state. A member shall not
receive credit for teaching that is directed primarily to persons
preparing for admission to practice law. Regular full time,
part-time and adjunct academic faculty shall not receive credit for
teaching any law school courses (undergraduate or graduate) or bar
review courses. A member attending law classes, for a purpose
other than preparing for admission to practice law, may receive credit
in accordance with the manner described in Regulation 102(c). A
member may not receive credit for any course which is not materially
different in substance from a course for which the same member received
credit during the same completion period or the completion period
immediately prior to the one for which credit is sought.
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A member may receive credit for attending a course delivered by distance
learning methods which otherwise satisfies the requirements of these
Regulations. No more than eight (8) credit hours may be earned in
any twelve hour period attending pre-recorded courses. (Comment:
See MCLE Board Opinion 16.)
Regulation 103: Standards for Approval of Programs
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Subject to the provisions of Regulation 105(d), a course is approved for
credit if it has been specifically approved by the Board or is presented
by an accredited sponsor previously designated by the Board under the
provisions of Regulation 105. A course is approved for credit in the
area of legal ethics or professionalism if and to the extent
specifically approved by the Board. Subject to the provisions of
Regulation 105(d), a course presented by an accredited sponsor is also
approved for credit in the area of legal ethics or professionalism if
and to the extent so represented by such sponsor.
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The course must have significant intellectual or practical content. Its
primary objective must be to increase the attendee's professional
competence and skills as an attorney, and to improve the quality of
legal services rendered to the public.
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The course must pertain to a recognized legal subject or other subject
matter which integrally relates to the practice of law, or to the
professional responsibility or ethical obligations of the participants.
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A course which addresses law practice management may be approved so
as to promote the efficient, economical and competent delivery of
legal services. The course must cover topics that teach
attorneys how to organize and manage their law practices and other
law practice issues, which if improperly handled, could result in
malpractice, disciplinary complaints or client
dissatisfaction. A course which primarily focuses on marketing
techniques, client development or other general business topics
applicable to any business shall not be approved. (Comment:
See MCLE Board Opinion 17.)
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A course which promotes lawyer well-being issues may be approved so
long as other requirements applicable to all CLE programs are
met.Such lawyer well-being programs must be clearly and
primarily designed, directed to, and intended for attorneys, not a
general audience. A course designed to educate judges and law
students regarding the need for well-being in the legal and judicial
environment and how to achieve that well-being will also satisfy the
standards for approval under this regulation. (Comment: See
MCLE Board Opinion 19.)
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A course which addresses general skills topics such as time
management, writing, communication or presentation skills may be
approved provided the topics are specifically directed to an
attorney audience and are covered in the context of the practice of
law.
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A course may be approved for credit in the area of legal ethics or
professionalism only to the extent that the course constitutes or
contains one or more qualified ethics or professionalism components as
defined in Regulation 101. Topics which will not generally be
approved for ethics credit include ethics standards of conduct
applicable to other professions such as government employees, government
contractors, accountants and businesses including corporate
compliance. Also, rules of procedure, rules of evidence and
litigation tactics will not generally be approved for ethics
credit. (Comment: See MCLE Board Opinion 13.) A minimum scheduling
of thirty (30) minutes in the aggregate of one or more qualified ethics
or professionalism components is required before an approved course can
be approved for credit in the area of legal ethics or professionalism.
EXAMPLES:
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A sponsor's application for approval of a one-day program comprising
seven 50 minute segments states in relevant part "each speaker will
devote ten minutes of allotted time to ethical considerations." The
program does not contain a qualified ethics component and is not
eligible for approval for credit in the area of legal ethics. The
requirement that a qualified component be a "clearly defined
segment" is not met. Such segment must be capable of identification
on the schedule and have a defined beginning and end.
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A sponsor's application for approval of a one-day program reveals in
relevant part that the opening 30 minute morning segment is clearly
identified as devoted to ethical considerations and that the
concluding 20 minutes of the afternoon session is also clearly
identified as devoted to ethical considerations. Assuming that other
requirements for course approval are met, the Board will approve the
program for one (1) hour credit in the area of legal ethics or
professionalism. (See Regulation 102.)
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Courses must be conducted in a setting physically suitable to the
educational course or program, free from distractions and conducive to
learning.
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No credit will be allowed (or “be granted”) for any course or part
thereof taken simultaneously with any other course or part the
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Thorough, high quality instructional written materials which
appropriately cover the subject matter must be distributed to all
attendees at or before the time the course is presented. A mere agenda
or topical outline will not be sufficient. (Comment: See MCLE Board
Opinion 14.)
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Each course shall be presented by a faculty member or members qualified
by academic or practical experience to teach the subjects covered.
Consistent with Virginia State Bar policy, course sponsors should
exercise care to ensure that faculty members, where possible, reflect
the racial and gender diversity of the State Bar as a whole.
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A course presented by distance learning methods which otherwise
satisfies the requirements of these Regulations may be approved provided
the speakers and attendees are participating simultaneously.
Pre-recorded courses in any electronic form which otherwise satisfy the
requirements of these regulations may be approved however no other form
of self-study will be approved. (Comment: See MCLE Board Opinion
16.)
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A program offered "in-house" may be approved by the Board provided the
subject matter of the program does not primarily focus on internal
policies, practices and procedures. An in-house program will be
approved if it otherwise meets the standards of these regulations and if
the approval procedures prescribed by these regulations are
followed. (Comment: See MCLE Board Opinion 17.)
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Participation in deliberative groups concerned with political activism,
law reform, judicial administration, or regulation of the profession
generally will not be approved for credit. Activities associated
with membership or attendance at committee meetings, business meetings
or work sessions will generally not be approved for credit.
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To be accredited, a course must have no attendance restrictions based on
race, color, national origin, religion, creed, gender, age, disability,
sexual orientation or marital st
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No credit will be given for any course primarily focused on marketing a
particular product or service. (Comment: See MCLE Board Opinion
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A course that does not meet the requirements of subsections (b) and (c)
of this Regulation may, on application of a member, be approved as a
"specially approved course or program" for the applicant where the Board
is satisfied that the course has significant value to the applicant's
practice. Thus, for example, in appropriate cases courses on
engineering, accounting or medical topics may be approved for a
particular member.
Regulation 104: Procedure for Approval of Programs
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A member or course sponsor desiring approval of a course or program
shall submit to the Board all information called for by the "Application
for Approval of a Continuing Legal Education Course." The content of
this application has been promulgated by the Board and may be changed
from time to time. A member seeking approval of a course as a "specially
approved course or program" should include on the Application for
Approval of a Continuing Legal Education Course, or as an attachment
thereto, a statement of why the course has significant value to the
member’s practice. The Board shall then determine whether or not the
course or program satisfies the requirements of Regulation 103. If the
course or program is approved, the Board also shall determine the number
of credit hours to be awarded. The Board shall notify the requesting
member or sponsor of its decision within 90 days after receipt of the
completed application. The Board shall maintain and make available a
list of all approved courses and programs for each completion period. An
approved course or program is accredited only for the completion period
for which it is approved. A "specially approved course or program" is
accredited only for the member for whom approved.
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The sponsor of an approved course or program should include in its
brochures or course descriptions the information contained in the
following illustrative statement: "This course or program has been
approved by the Virginia Mandatory Continuing Legal Education Board for
_____ hours of credit, of which _____ hours will also apply in the area
of legal ethics or professionalism.” An announcement is permissible only
after the course or program has been specifically approved pursuant to
an application submitted directly by the sponsor.
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The sponsor of an approvable course or program that has not yet been
approved after application should announce: "Application for
approval for this course or program is pending with the Virginia
Mandatory Continuing Legal Education Board."
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At each presentation of an approved course or program or one for which
approval is pending, the sponsor shall make available copies of the
Board's Certification of Attendance for completion by the attendees and
the Board's Certification of Teaching for completion by the instructors,
copies of which will be provided by the Board with the course approval
notification. The content of these certifications has been
promulgated by the Board and may change from time to time. Where
some portion of the program has not been approved for CLE or ethics
credit, the sponsor shall provide that information to the attendees with
the certification of attendance.
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In the instance of a course or program presented while an application
for approval is pending, it will be the responsibility of the sponsor to
provide the attendees with the Board's Certification of Attendance or
Teaching as required in Regulation 104(d) immediately upon receipt of
the approval notification. If such course or program is not
approved, the sponsor shall immediately notify the attendees that credit
for the course has been denied. Under certain circumstances a
member may seek approval for a specially approved course or program as
defined in Regulation 101(k) in the manner specified in Regulation
104(f).
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Any member seeking credit for attendance at a course or program shall
submit to the Board immediately following such attendance all
information called for on the Application for Approval of a Continuing
Legal Education Course. The Board will then determine whether the
program qualifies under these Regulations and, if so, how many credit
hours are approved. The Board will promptly notify the applicant
of its decision. Applications received more than 90 days following
the date of the program shall be subject to a late application fee.
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Any sponsor seeking approval after presenting a course or program, shall
submit to the Board within 30 days after the date of the program all
information called for on the Application for Approval of a Continuing
Legal Education Course. The Board will then determine whether the
program qualifies under these Regulations and, if so, how many credit
hours are approved. The Board will promptly notify the applicant
of its decision.
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Failure to comply with the sponsor requirements of Regulation 104 or
Regulation 105 may result in fines; revocation of course approval;
denial of future course credit; suspension or revocation of
accreditation; or any other sanction deemed fit by and in the discretion
of the Board.
Regulation 105: Procedure for Accreditation of Sponsors
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Any sponsor may apply for approval of individual courses by complying
with the criteria of Regulation 103 and the procedures of Regulation
104.
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If the Board determines that a sponsor regularly provides a significant
volume of continuing legal education courses, that these courses
uniformly meet the approval criteria of Regulation 103, and that the
sponsor will maintain and submit the records directed by these
Regulations, the Board may designate such a course provider as an
"accredited sponsor" under the Rule. Such designation shall be effective
for a period of no more than two years unless renewed.
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A sponsor applying for status as an accredited sponsor shall submit to
the Board all information called for on the Application for Status as
Accredited Sponsor of Continuing Legal Education.
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An accredited sponsor shall be subject to and governed by the applicable
provisions of the Rule and these regulations, including the quality
standards of Regulation 103 and the record-keeping and reporting
requirements of this Regulation 105. The Board may at any time review an
accredited sponsor program and reserves the right to deny CLE or ethics
credit when the standards for approval are not met. Accordingly, for
example, an accredited sponsor may represent in its descriptive
literature that a course or program generates credits in the area of
legal ethics or professionalism only to the extent the course contains
one or more qualified ethics components as provided in Regulation 103.
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The approval procedure of Regulation 104 does not apply to accredited
sponsors. An accredited sponsor shall provide the Board at least
thirty days in advance of a program with a descriptive course agenda or
brochure which includes the name, date, location and credit hours
requested for a particular course pursuant to the approval standards of
Regulation 103, including, where appropriate, credit hours requested in
the area of legal ethics or professionalism and a description of the
content of the ethics session(s). The Board may request additional
information regarding a course or program. The Board will provide
the sponsor with copies of the Board's Certification of Attendance and
Certification of Teaching for each course or program and the sponsor
shall make available, collect and transmit such forms in accordance with
the requirements of Regulation 104(d).
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The Board may at any time reevaluate and revoke the status of an
accredited sponsor. If the Board finds there is a basis for revocation
of the accreditation granted to an accredited sponsor, the Board shall
send notice by certified mail to that sponsor of the revocation within
thirty (30) days of the Board's decision.
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Law firms, professional corporations, and corporate law departments are
not eligible to become accredited sponsors.
Regulation 106: Delegation
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The Board may organize itself into panels to facilitate course approval,
sponsor accreditation, interpretation of these regulations and to
consider and decide matters arising under the Rule and under these
regulations.
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To facilitate the orderly and prompt administration of the Rule and
these regulations, and to expedite the processes of course approval the
Board may, under its supervision and direction, delegate to the Director
of MCLE (hereafter referred to as the MCLE Director) general authority
to act on behalf of the Board to review applications and approve or deny
programs for credit pursuant to the approval standards of Regulation
103.
Regulation 107: Board's Determination and Review
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Pursuant to directions established by the Board, a panel or the MCLE
Director on behalf of the Board shall, in response to written requests
for approval of courses or programs or for awarding of credit for the
attendance at or teaching in approved courses, waivers, extensions of
time deadlines and interpretations of these regulations, make a written
response describing the action taken. A Panel or the MCLE Director
may seek a determination of the Board before taking action. Upon
request of the Board, the panel or MCLE Director shall report on all
determinations made since the last meeting of the Board.
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An aggrieved party may file with the Board a written appeal of an
adverse decision by a panel or the MCLE Director within thirty (30) days
after notice of the adverse decision has been mailed to him or
her. No form of appeal is required but the affected person or
program sponsor shall state in narrative form the action complained of
and all of the reasons he or she believes the decision is erroneous.
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The Board shall review any adverse determination of a panel or the MCLE
Director which has been appealed to it pursuant to Regulation
107(b). The aggrieved party may present information to the Board
in writing or in person, and at such time and place as the Board may
direct. If the Board finds that a panel or the MCLE Director has
incorrectly interpreted the facts, the provisions of the Rule or the
provisions of these regulations, it may take such action as may be
appropriate. The Board shall advise the affected party or program
sponsor of its findings and any action taken.
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Pursuant to Paragraph 17 of Section IV, Part Six, Rules of the Virginia
Supreme Court, the Virginia State Bar may from time to time establish
fees for processing applications, approving courses and accrediting
sponsors; the remittance of any of these may be required before action
is taken by the Board.
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All decisions of the Board under this Regulation 107 and any other of
these regulations shall be final and binding on all persons affected
thereby and no appeal or other relief therefrom shall lie, except as
specifically provided in Regulation 109.
Regulation 108: Reporting of Certification Procedures
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Where a sponsor makes copies of the Certification of Attendance and the
Certification of Teaching available at a course or program, each active
member who wishes credit may certify attendance electronically as
instructed on the MCLE attendance reporting site of the Virginia State
Bar's internet website.
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Where a member attends a course or program, and for any reason the
member is unable to certify his or her attendance or teaching credit
electronically, the member who wishes the Board to record credit may
obtain a copy of the Certification of Attendance or Certification of
Teaching from the sponsor, complete it and forward it to the Board.
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On or before October 31 of each year each active member shall certify
attendance online or submit the Certification of Attendance or
Certification of Teaching for the minimum educational requirement.
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The MCLE Board shall provide ongoing access to each individual
attorney's MCLE record for the current compliance year on the Virginia
State Bar's internet website. The record shall include carryover
hours from the previous reporting period, identifying course information
including the number of hours reported for each course and the total
hours of CLE, including the totals for those CLE hours designated as
ethics or professionalism and those hours for pre-recorded courses which
are limited to eight (8) hours per reporting period. Attorneys
shall periodically review this online MCLE record to ensure accuracy and
timely compliance.
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Following the end of each completion period, the Board shall advise each
active member of his or her status respecting completion of the annual
educational requirements. This notice shall be entitled the "MCLE
END OF YEAR REPORT" and shall include the information reflected on the
individual attorney's MCLE record as of October 31 and instructions for
completion and timely compliance.
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If the active member accepts the MCLE END OF YEAR REPORT as accurately
reflecting his or her credit hours for the period, including any
carryover hours from the previous reporting period, and the form lists
12.0 or more CLE credits of which 2.0 or more are ethics or
professionalism credits, the member does not need to file his form with
the MCLE Board. If a member believes that the information reflected on
the Board's records is erroneous or incomplete, then additions and
corrections to the MCLE END OF YEAR REPORT must be filed as instructed
and received by the MCLE office no later than close of business on
December 15 of the year in which the credit is sought.
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To the extent not completed online, the MCLE End of Year Report must
accompany any request for credit or corrections submitted after October
31.
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Delinquency fees for failure to timely complete the MCLE requirements
are set forth in Paragraph 19 of Section IV, Part Six, Rules of Virginia
Supreme Court. Members who have attended an insufficient number of
required credits by the October 31 deadline shall remit a delinquency
fee hereto referred to as a “noncompliance fee.” Members who
certify attendance after the December 15 certification deadline shall
remit the appropriate delinquency fee hereto referred to as a “late
filing fee.” The late filing fee amount shall be doubled for
members who fail to comply with the certification requirements by
February 1 following the completion period.
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After December 15, a member who wishes to receive credit for credit
hours earned during the previous completion period whether for
compliance or additional carryover credit may forward to the Board a
certification on the appropriate forms together with remittance of the
late filing fee. Any credits approved shall be recorded for the
previous completion period and shall be eligible for the one year
carryover into the current completion period in the same fashion as
other credits. A member may not apply for credits earned earlier
than the next preceding completion period.
Regulation 109: Noncompliance, Restoration and Reinstatement
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Noncompliance
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An active member who fails to comply with the educational and
certification requirements of the Rule and these regulations,
including payment of any required fees, and has not obtained a
waiver or extension for good cause shown by December 15 of each
year, shall be subject to suspension of such active member's license
to practice law as is provided by Paragraph 13.2 of Section IV, Part
Six, Rules of Virginia Supreme Court.
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Pursuant to Paragraph 13.2 of Section IV, Part Six, Rules of
Virginia Supreme Court, whenever the Board determines that an active
member has failed to (i) complete the mandatory continuing legal
education requirements as required by Regulation 102 and/or (ii)
failed to certify attendance and pay any required fees as required
by Regulation 108 without first obtaining a waiver or extension in
accordance with Regulation 111, the member shall be deemed to be
delinquent.
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Restoration and Reinstatement
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A delinquent member may be restored to good standing only following
(i) his or her certifying to the Secretary-Treasurer of the Virginia
State Bar of compliance with the requirements of the Rule in the
manner provided by Regulation 108 and as instructed in the notice of
impending suspension provided pursuant to Paragraph 19 of Section
IV, Part Six, Rules of Virginia Supreme Court, and a determination
by the Board that he or she has completed the mandatory continuing
legal education requirements of the Rule and paying any required
fees, or (ii) the obtaining of a waiver or extension in accordance
with Regulation 111.
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A delinquent member who is suspended pursuant to Paragraph 13.2
shall not further engage in the active practice of law until he or
she has been reinstated. A suspended member may be reinstated only
after paying any required fees and certifying compliance with the
Rule as provided in Paragraph 13.2 and these regulations.
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Where a default in compliance is cured by earning credit hours in a
subsequent completion period, credit hours applied to correct the
default shall not be applied to satisfy the requirements of any
other period.
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A member suspended for an entire completion period must show
attendance at 12.0 CLE credit hours including 2.0 ethics credits
earned within the previous 12 months. This member cannot rely
on credits earned through carryover in the previous completion
period or credits used to satisfy the requirement of any previous
compliance year.
Regulation 110: Exemptions
The Rule exempts from the certification requirement a newly admitted
member for the completion period in which he or she is first admitted to
practice in Virginia. A newly admitted member will not receive credit
under these regulations for attending or teaching any course prior to his
or her admission to the Virginia State Bar.
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EXAMPLE:
Attorney A is first licensed to practice law in October 2009.
Attorney A is not required to comply with the minimum continuing legal
education requirement of the Rule and these regulations by taking or
teaching approved courses until on and after November 1, 2009.
Attorney A also shall not be required to file the certification
required by Regulation 108 until December 15, 2010. If Attorney
A attends or teaches approved courses between October 2009 and
November 1, 2009, he may "carry over" to the next completion period
credits in accordance with Regulation 102. Attorney A, beginning
on November 1, 2009, will be subject to said requirement as long as he
or she is an active member of the Virginia State Bar.
Regulation 111: Waivers, Extensions and Deferrals
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Waivers
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A waiver of the MCLE requirement or of any fees associated with MCLE
noncompliance may be sought by filing a request with the Board,
together with any appropriate or required supporting material or
documentation (e.g. doctors' letters, medical records). The
filing of any waiver request does not toll the running of any time
limit set forth in these regulations or the Rule regarding
suspension.
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A waiver shall be valid for a single completion period, unless
renewed or extended by the Board. A waiver will be granted only for
good cause.
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If the waiver is based on medical reason, condition, illness or
hospitalization, then the application for waiver shall be a
completed form entitled "Request for Waiver Based on
Hospitalization, Illness or Medical Reason." It must be completed
and signed by the admitting, family or attending health care
provider and it must set forth the medical condition,
hospitalization or illness which prevents the member from completing
the required MCLE courses for the period for which the Waiver is
being requested and have attached to it any appropriate supporting
material or documentation.
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If the waiver is based on non-medical reasons, then the grounds
shall be stated in a letter to the Board and any appropriate
supporting material or documentation shall be attached.
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A member who is unable to satisfy the MCLE requirement due to
extraordinary or extenuating circumstances beyond the control of the
member may apply as prescribed in Regulation 111(a)(1) to have all
or part of the eight-hour limitation on pre-recorded courses waived.
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All waiver requests should be promptly submitted when the grounds
for the waiver request become known to the applicant or applicant's
representative. Failure to file a waiver request in a timely manner
may be considered by the Board in determining whether to grant a
waiver. A prudent lawyer will use the carryover of credits provision
of the Rule to avoid most nonmedical based waiver requests.
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Extensions
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An extension may be sought by filing with the Board a request,
together with any appropriate or required supporting material or
documentation (e.g. physicians' letters, medical records, military
deployment orders). The filing of an extension request does
not toll the running of any time limit set forth in these
regulations or the Rule regarding suspension.
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An extension shall be valid for the specific time period granted by
the Board unless renewed or extended. An extension will be granted
only for good cause.
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If the extension is based on medical reason, condition, illness or
hospitalization, then the application for extension shall be a
completed form entitled "Request for an Extension Based on
Hospitalization, Illness or Medical Reason." It must be completed
and signed by the admitting, family or attending health care
provider and it must set forth the medical condition,
hospitalization or illness which prevents the member from completing
the required MCLE courses for the period for which an extension is
being requested and have attached to it any appropriate supporting
material or documentation.
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If the extension is based on non-medical reasons, then the grounds
should be stated in a letter to the Board and any appropriate
supporting material or documentation should be attached.
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All extension requests should be promptly submitted when the grounds
for the extension request become known to the applicant or the
applicant's representative. Failure to file an extension request in
a timely manner may be considered by the Board in determining
whether to grant an extension. A prudent lawyer will use the
carryover of credits provision of the Rule to avoid most non-medical
based extension requests.
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Deferrals
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Members who change their class of membership from Active or Emeritus
Member to any other class of membership, as defined in Paragraph 3
of Section IV, Part Six, Rules of Virginia Supreme Court, during the
course of the compliance year may defer the completion of any
remaining MCLE requirements (including payment of any outstanding
MCLE delinquency fee obligations) for that compliance year including
any MCLE deficiencies for any previous year(s). Prior to
reactivation of their membership status, members shall satisfy all
deferred MCLE requirements in addition to the requirement for the
current compliance year. Credit hours reported for compliance
with the current year's requirement must have been completed within
the previous twelve months prior to reactivation.
Regulation 112: Representations By Members
A member who makes a materially false statement in any document filed with
the Board shall be subject to appropriate disciplinary action.
Effective November 1, 2011
Amendments effective September 6, 2019, in response to the
Supreme Court of Virginia'sCommittee on Lawyer Well-being a report
entitled “A Profession at Risk”released on September 19, 2018. The
report contained a recommendation “to permit the MCLE Board to authorize MCLE
attendance and teaching credit to active members of the VSB who, on a
volunteer, non-compensated basis, prepare approved written materials for, or
present approved instruction to, judges or law students regarding professional
health initiatives.” Additionally, amendments were being made to bring
consistency and uniformity to language regarding ‘lawyer well-being.’
Updated October 11, 2021, to conform with the amendments effective October 11, 2021,
that revised Paragraph 17(C) to allow elimination of bias education to
count toward legal ethics or professionalism requirements for Continuing
Legal Education.