Thursday, June 5, 2014

June 18: Deadline - Washington State Proposed #MCLE changes: Comment Now!

From the WSBA:
Proposed New MCLE Rule — Your Feedback Is Invited

The MCLE Task Force has completed its first draft of a new mandatory continuing legal education rule (APR 11) for the 21st century. Your feedback is invited. The deadline for a response to this initial draft is by the end of the day on Wednesday, June 18, 2014.
This draft is for discussion purposes only. The MCLE Task Force will consider the feedback from lawyers and CLE sponsors in June and from the BOG in July to update the proposed MCLE rule for the BOG to consider at their September meeting. The goal is to send the final APR 11 to the Court for consideration in October.
APR 11 Changes

A summary of the key proposed changes to the MCLE rule are listed below.

  • The live credit requirement is eliminated.
  • The minimum ethics requirement is increased to 7 credits (from 6 credits) per three-year reporting period.
  • A minimum of 15 credits per reporting period must be earned by attending courses in the new “law and legal procedure” category of approved course subjects.
  • The remaining 23 credits may be earned in any of the approved course subject areas or by completing any of the other approved activities for credit. There are no caps on any approved activities or course subjects.
  • Approved course subjects are expanded to include courses on:
    • Professional development (including leadership, career development and presentation skills),
    • Personal development and mental health (including meditation and stress reduction),
    • Practice development, marketing, and responsibilities when opening or closing an office, Improving the legal system.
  • Mentoring is approved for credit when the program has been approved by the MCLE Board.
  • Reporting period compliance by comity — the lawyer:
    • Must complete by February 1 (including submission of the comity certificate and comity processing fee);
    • Will be assessed a late fee for failure to meet requirements by the deadline.
  • Petitions for extension, modification, or waiver may be filed only if the lawyer is experiencing undue hardship (e.g. serious illness, extreme financial hardship, or disability) that affects the lawyer’s ability to meet the education or reporting requirements.
  • The Association may audit an individual lawyer’s compliance certification to substantiate participation in the activities listed on the certification.
  • All sponsors must submit course approval application forms (Form 1s) no later than 15 days to the start or availability of the program.
  • Accredited sponsors have the same deadlines as sponsors.
  • The MCLE rule is much simpler and clearer; the MCLE regulations are eliminated.

Feel free to contact Kathy Todd, MCLE Board Secretary, at kathyt@wsba.org with any questions or comments.

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