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What Qualifies
for CLE Credit?
Generally speaking there are three methods by which a lawyer can obtain
CLE credit:
- attend approved CLE courses;
- teach an approved CLE course; or
- engage in self-study.
CLE courses may
be approved for credit after an application has been submitted by the
course sponsor or by the individual lawyer. Applications can be obtained
from the SBAND office. Approval is granted if the course is "...primarily
related to the practice of law or to a substantive body of law"
and "...is directed primarily to lawyers." Red flags fly high
when a course is advertised to a wide variety of professionals that
just happens to include lawyers. Any lawyer who is concerned about whether
a particular seminar qualifies for credit should seek preapproval of
the course from the Commission. If a course has been pre-approved for
credit, a lawyer will receive credit for the portions of the seminar
attended.
Can I receive
credit for teaching CLE courses?
A lawyer may also receive credit for teaching a CLE course that would
be approved for regular credit if the lawyer were attending as a participant.
Credit is not allowed for teaching undergraduate courses or teaching
courses presented to nonlawyers. A
lawyer may claim up to five hours of preparation time for every one
hour of lecture time for presentations made to lawyers. A lawyer may
not claim credit for teaching the same course more than once.
How many hours
of self-study can I claim on my Report of Compliance?
Fifteen hours of self-study are allowed during each reporting period.
Self-study generally involves watching an approved video tape, listening
to an approved audio tape, completing correspondence work with appropriate
written materials, or some forms of on-line study. The Commission does
not preapprove self-study work, but the specific self-study activities
must be listed on the report of compliance.
What is the
Uniquely Connected Exception?
To provide more flexibility in the system and to accommodate the special
needs of practitioners in today's competitive world, the Commission
has provided for certain courses to qualify for limited CLE credit.
The most notable exception is referred to as the "uniquely connected
exception" (UCE). The UCE recognizes that practitioners in certain
specialty areas must have background knowledge obtainable only by attending
seminars not necessarily geared for attorneys. To receive credit for
a course under the UCE, a lawyer must show how the course is uniquely
connected to his or her practice. A lawyer may seek UCE credit for a
course prior to filing the report of compliance, or may list the course
on the report of compliance along with an attachment explaining why
the course is uniquely connected. To avoid a letter from the Commission,
attach a copy of the brochure for the seminar that shows the agenda
for the seminar broken down by topic, speaker and time. A lawyer
may not claim more than 20 hours of UCE credit in any three-year reporting
period.
Can I receive
credit for Mediation/Arbitration Seminars?
A few years ago the Commission determined it would allow regular CLE
credit for arbitration/mediation training. The catch to the new policy
is that the seminar must include lawyers as faculty, and the seminar
must be primarily directed to attorneys.
Can I receive
CLE credit for Committee Meetings?
The Commission frequently receives requests for CLE credit for various
committee meetings. For example, requests have been made for CLE credit
for work on the Supreme Court's Joint Procedures Committee and for the
National Conference of Commissioners on Uniform State Laws. The Commission
does not allow regular CLE credit for committee work. Rather, in
some instances self-study credit will be allowed for preparation time.
This is not self-study credit in addition to the self-study discussed
above. All self-study credit is limited to 15 hours per reporting period.
No credit is given for simple attendance at a committee meeting. In
addition, do not assume all committee work qualifies for self-study.
To date self-study credit has been allowed for the Joint Procedures
Committee, National Conference of Commissioners on Uniform State Laws,
Ethics Committee, Legislative Committee, and Joint Attorney Standards
Committee. In addition lawyer legislators are allowed self-study credit
for their work during a legislative session. Questions about the work
of a particular committee should be forwarded to the Commission for
review.
Are On-Line
Computer Courses approvable for CLE credits?
The Commission recently adopted the following policy regarding computer
courses:
Policy 1.20:
On-Line Computer Study.
To be approved
for general CLE credit, an on-line computer seminar must:
- Meet the standards
set forth in section 1(a)(1) - (4) of the Guidelines for Approved
Course Work;
- Faculty must
be on-line when making the presentation(s); and
- The seminar
must provide an interactive mechanism for attendees to ask and have
questions answered by the seminar's faculty.
Seminars utilizing
videodisc, video on demand or review of an on-line program after the
seminar date may qualify for self-study credit, but not general CLE
credit.
The policy is designed
to balance the requirements of the CLE rules with the opportunities
afforded by on-line seminars.
What if I am
Thinking of Retirement or Will be Leaving the State?
A number of years ago the Supreme Court amended the CLE rules to allow
attorneys who plan to retire or who plan to the leave the state to apply
for inactive status. If an attorney is planning on retiring or leaving
the practice of law in North Dakota, a request for inactive status must
be filed prior to July 31st of the year in which the attorney must report.
Request for inactive status may be obtained from the Commission.
Are Extensions
Allowed?
Rarely, if ever. In order to receive an extension a lawyer must show
extraordinary circumstances that prohibited the attorney from attending
CLE seminars during the three-year reporting period. A review of past
Commission action indicates that extensions were granted only in situations
involving prolonged illness. Losing one's CLE files, simply not having
sufficient hours, and the financial hardship created by the cost of
seminars were all found to be insufficient reasons, and the requests
were denied. Attorneys who believe they may qualify for an extension
should contact the Commission in writing in July. A request for extension
form will be mailed, and the attorney will more than likely be contacted
by Commission staff to discuss options.
The policies of
the Commission for Continuing Legal Education are intended to aide lawyers
as they attempt to satisfy their Continuing Legal Education obligation.
It is hoped that the Commission's policies will contribute to the goal
of having lawyers who are well-versed on the current status of the law
in North Dakota. If you have questions regarding CLE, contact the Association office.
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