Course Approval and Accreditation

In order for a course to be approved, a Form 1 Application for Approval of Continuing Legal Education Activity must be completed. In most instances, the sponsor of the course should submit the Form 1 (with a $50 application fee). However, for some out-of-state courses from smaller CLE providers, the lawyer may submit the Form 1. (However, lawyers may not submit Form 1s for in-house courses sponsored by a private law firm or in-house legal department that has an office in Washington State.)

The Form 1 can be filled out and submitted online. Paper Form 1s or the paper Uniform Application for Course Approval are also acceptable. The turn-around time for processing electronic Form 1 applications is significantly shorter than that for paper submissions. See the procedures for submitting an application for course approval at the end of the answer to this question.

A detailed time schedule of topics to be covered in the CLE must be included with the Form 1 application (both electronic and paper versions) in order for accreditation to be determined. Start times and end times for each session, each break, and meal times must be given. Do not send course material. It will be requested if needed to determine accreditation.

To obtain approval for a pre-recorded seminar, you must include four additional pieces of information

1. The date(s) on which the program was originally recorded (the activity's sponsor can provide that information)

2. The city in which the course was recorded - or "Online" - according to the following:

If the AV program is on tape, CD, DVD, or other non-internet-based medium, put the city in which the program was recorded;
If you took the program online, use the drop-down menu to fill in "Online" (or write "Online" on the paper form); and

3. The start date and end date during which you viewed/listened to the activity and

4. The run time of the program (which may be different from the length of the original live program due to the editing to create the pre-recorded program).

Credits approved for a course represent the total number of attendance credits that can be claimed for the course. Once the course is approved, an attendee must claim the credits earned based on actual attendance, up to the maximum credits for which the course was accredited.

To submit a Form 1 application, do one of the following:

1. You may submit an online Form 1 application.

Go to the WSBA web site home page at www.wsba.org.
Click on the blue and black "Online MCLE System" box in the right column.
Follow the instructions on the screen to reach your MCLE home page.
Click on "View Current Reporting Period".
Click on "Add Activity" to add a course to your roster.
Click on the type of Form 1 activity you want to submit (Live, AV, etc.) (Note: The MCLE system requires that you first do a search to see if your course has already been approved in the MCLE database.)
- If the course has already been approved, you can click on the course hyperlink to add it to your roster.
- If the course has not been approved, complete the Form 1. NOTE: Form 1 applications must include a detailed agenda of the activity, including the start and end times for each session and each break A complete description of the content of each session is also required. Without a detailed agenda, no credit can be granted.

2. If you are unable to do the steps above, you can print a Form 1 Application for Course Approval for each course that you want added to your online roster and mail or fax (206-727-8313) it to the WSBA.

NOTE:

A detailed agenda, as described in #1, is required.

The approval process for paper Form 1s is significantly longer than for Form 1s submitted online.

How do I know if a certain course has already been approved for credit?

You may look up any course on the WSBA MCLE website at http://pro.wsba.org to see if it has been approved.

Click on the "Member" or "Sponsor" tab at the top of the screen. You will see an "MCLE Activity Search" box.
To search successfully, enter the least amount of information possible. We recommend using the month, year, and city in which the CLE is being held to successfully find approved courses. If it has not been approved, or is incomplete, it will not come up in the search results.

You may also call the WSBA Service Center at 800-945-9722 or 206-443-9722 or e-mail questions@wsba.org.

Can I get credit for audio/visual (A/V) self-study?

Audio-visual courses that have been accredited by the MCLE Board, including online pre-recorded seminars, are eligible for self-study credit.

No recording older than five years is accreditable unless it is exclusively a skills program.
An A/V course must contain a streaming audio or audio/video presentation in order to be considered for accreditation. The duration of that presentation is the basis for calculating credit approval.
Text-only and read-and-test presentations are not accreditable in Washington State.

There are different audio-visual credit limits for 2006-2008 vs. 2007-2009 and future reporting periods, which are shown below. This is because the Supreme Court adopted amendments to the MCLE rules and regulations (APR 11 and Appendix APR 11) that became effective January 1, 2009. These amendments change some important reporting period credit requirements. Because the 2006-2008 reporting period ended prior to the effective date of the amendments, the rules and regulations in effect until December 31, 2008 apply to that reporting group.

For the 2006-2008 Reporting Group
Lawyers are limited to a maximum of 15 audio-visual credits out of the 45 credits required for reporting period compliance. At least 30 credits must be live.

For the 2007-2009 Reporting Group and Subsequent Reporting Groups
Lawyers are allowed a maximum of 22.5 audio-visual credits out of the 45 credits required for reporting period compliance. Only 22.5 credits must be live.

To get approval for an audio-visual course and have it added to your online roster, you can do one of the following:

1. You may submit an online AV Form 1 application.

Go to the WSBA web site home page at www.wsba.org.
Click on the blue and black "Online MCLE System" box in the right column.
Follow the instructions on the screen to reach your MCLE home page.
Click on "View Current Reporting Period".
Click on "Add Activity".
Click "AV" Form 1 (The MCLE system requires that you first do a search to see if your course has already been approved in the MCLE database before you will see the "AV" Form 1 button to click.
- If the course has already been approved, you can click on the course hyperlink to add it to your roster.)
- If the course has not been approved, complete the AV Form 1. Note: AV Form 1 applications must include a detailed agenda of the activity, including the start and end times for each session and a complete description of the content of each session. Without a detailed agenda, no credit can be granted. It must also include the run time of the program (which may be different from the length of the original live program due to the editing to create the pre-recorded program).

2. You can print a Form 1 application, and mail or fax (206-727-8313) it to the WSBA. (Note: The approval process for paper Form 1s is significantly longer than for Form 1s submitted online.) Note: A detailed agenda, as described in #1, is required.

Be sure to indicate:

The recording date(s) of the course;
The start date and end date of when you listened to/watched the course.

For more information about the rules and regulations that went into effect on January 1, 2009, follow this link: http://www.wsba.org/lawyers/groups/mcle/apr11review07.htm.

If you need assistance, contact the WSBA Service Center at 206-443-9722, 800-945-9722, or at questions@wsba.org.

What is the difference between Live and A/V activities?

Live activities are those attended in person or via an electronic medium at the time the course is actually being presented. Teaching or presenting at a course is also counted as a live activity.

Teleconferences, videoconferences, and webcasts are considered "live" if there are presenters or expert moderators available to all course attendees at the time the course is actually being presented and all attendees can hear or see other attendees' questions and the resultant responses at the time they happen.
Viewings of pre-recorded courses, presented by one or more expert moderators qualified and available at the time of the viewing to answer questions and expand on topics may also be considered "live". All attendees must be able to hear or see other attendees' questions and the resultant responses at the time they happen.
Writing credits, as defined in APR 11 Regulation 103(j) [in the regulations effective 1/1/09], are considered to be live credits.

Audio-visual activities include all pre-recorded audio-visual or audio-only courses used in self-study or in groups where there is no expert moderator (as defined under "Live activities" above). Pre-recorded courses are those on tapes, CDs, and DVDs. They also include pre-recorded online courses.

Can I receive additional credit for teaching or being a panelist at a CLE?

If you have presented material at a CLE activity as either a speaker or panelist you can receive CLE credit in two ways.

Presentation Credit � The time you spent actually presenting material or participating as a panelist at an accredited CLE event is added to your roster as attendance credit. This time is treated exactly the same as the credits that your course attendees earn by listening to you. However, a lawyer may earn credit only once for teaching or participating in the same accredited course, regardless of the number of times the course is presented.
Preparation Credit -- You may also receive CLE credit ("prep time") for the time spent in preparation for that individual or panel presentation. A lawyer may earn preparation credit only once for the same accredited course, regardless of the number of times the course is presented.
Note: This preparation credit does not apply to lawyers who teach law school courses as an adjunct professor or lecturer. Different regulations apply. In addition, full-time law school teachers and lawyers whose primary employment is teaching law school are not eligible for teaching or preparation time credit.

To claim presentation credit, the activity must first be accredited. Then the sponsor must report your attendance at the CLE activity. If the sponsor does not report your attendance within 30 days of the CLE, then you may add it to your roster or apply to have added by completing a Form 1 application.

After the activity is approved and applied to your MCLE roster, you may apply for preparation credit. (The procedures for doing this are at the end of the response to this question.). If the portion of the activity during which you presented or participated is approved for ethics, then you may claim the preparation time as ethics credit. If the course is not accredited, no preparation time credits can be claimed.

The number of credits that can be earned for preparation time changed on January 1, 2009. The Supreme Court amended the MCLE regulations in June 2008, including the number of preparation time credits that can be earned for teaching or being a panelist at a CLE activity. Courses that take place on or after January 1, 2009 or that are recorded on or after 2009 will be accredited according to the new preparation time regulations.

Courses presented and/or recorded on or before December 31, 2008
Lawyers may receive one hour of "Prep Time" for each hour actually spent in preparation for a substantive presentation (not organizational aspects of the activity). Preparation time credit is limited to a maximum of

Five hours per course for panelists, or
Ten hours per single hour of presentation time for individual speakers.

Courses presented and/or recorded on or after January 1, 2009
A lawyer who is teaching or participating as a panelist in an accredited course may earn one credit for each 60 minutes actually spent by the lawyer preparing for the presentation of the course, up to a maximum of 10 credits per course.

To get approval for preparation time and have it added to your online roster, you can do one of the following:

1. You may submit an online Prep Time Form 1 application.

Go to the WSBA web site home page at www.wsba.org.
Click on the blue and black "Online MCLE System" box in the right column.
Follow the instructions on the screen to reach your MCLE home page.
Click on "View Current Reporting Period".
Ensure that your attendance at the CLE activity is listed in your online roster.
Click on "Add Activity".
Click on the "Prep Time" Form 1 button and complete the Form 1.

2. You can print a Form 1 application, and mail or fax (206-727-8313) the completed form to the WSBA. (Note: The approval process for paper Form 1s is significantly longer than for Form 1s submitted online.)

For more information about the rules and regulations that went into effect on January 1, 2009, follow this link: http://www.wsba.org/lawyers/groups/mcle/apr11review07.htm.

If you have questions, contact the WSBA Service Center at 800-945-9722, 206-443-9722, or questions@wsba.org and ask that your inquiry be forwarded to an MCLE Analyst.

Can I get credit for writing?

Credit for writing that is published for the education of the Bar by a recognized publisher of legal works (e.g., law reference books or law review articles) is granted sparingly and only on a case-by-case basis. Writing credit is not granted for writing or editing that is performed for or on behalf of a client or prospective client, for marketing purposes, or in the course of the regular practice of law.

Applications for writing credit, along with the written product itself, are reviewed by the MCLE Board. The number of credits granted is based on the nature of the written product and the number of hours spent in preparing the material, but in no case will exceed ten credit hours.

In order to have a writing credit application and written product reviewed by the Board, the application and written product need to arrive at the WSBA at least two weeks prior to each scheduled meeting. The MCLE Board meets approximately every two months. You will be informed by letter, within two weeks of the review, of the Board's decision regarding your application.

To apply for Writing Credit you may do one of the following:

1. You may submit an online Writing Credit Form 1 application

Go to the WSBA web site home page at www.wsba.org
- Click on the blue and black "Online MCLE System" box in the right column.
- Follow the instructions on the screen to reach your MCLE home page.
- Click on "View Current Reporting Period".
- Click on "Add Activity".
- Click on the "Writing Credit" Form 1 button and complete the Form 1.
After completing the Writing Credit Form 1, note the Activity ID number of the Form 1 on the writing submission.
Mail the writing submission to the MCLE Board as instructed after #2 below.

2. You can print a Form 1 application, complete it, and mail it to the WSBA with your writing submission. When applying for Writing Credit using a paper application, the "sponsor" is the publisher of the work and the "date" of the activity is the publication date. You must

Clearly mark the top right corner of the Form 1 application with the words "WRITING CREDIT" to indicate its type.
Indicate the number of hours on the Form 1 that you spent writing and/or editing the material.
Mail the writing submission to the MCLE Board as instructed below.

Mail or deliver the writing credit submission to the MCLE Board, Washington State Bar Association, 1325 Fourth Ave., Suite #600, Seattle, WA 98101-2539.

If you have questions, contact the WSBA Service Center at 800-945-9722, 206-443-9722, or questions@wsba.org and ask that your inquiry be forwarded to an MCLE Analyst.

Can I get credit for bar review courses?

CLE credit cannot be earned for bar review courses offered in preparation for the Washington State Bar examination. (APR 11 Regulation 103(m)(6)).

For currently-licensed lawyers who are preparing to take bar exams in other jurisdictions, MCLE credit is available for the bar review courses of those jurisdictions. Lawyers may receive one CLE credit for each classroom hour of live or audio-visual instruction.

For more information about the rules and regulations that go into effect on January 1, 2009, follow this link: http://www.wsba.org/lawyers/groups/mcle/apr11review07.htm.

Can I get credit for law school courses?

Under APR 11 Regulation 103 a lawyer may earn one credit for each 60 minutes of instructed class time the lawyer attends in law school courses at the J.D. or advanced education level. The course may be taken within or outside the United States, and the lawyer is not required to take or be successful on any examination given in connection with the course in order to earn CLE credits for attending the course. The number of credits that can be claimed is greater for law school courses presented on or after January 1, 2009 than for courses taken prior to that date (to which the regulations in effect until December 31, 2008 apply).

Courses presented on or before December 31, 2008
Credit for law school courses will be computed on the basis of one (1) credit for each clock hour of instructed law school class time actually attended up to a maximum of 15.00 hours per course. For example, under this formula an active lawyer who actually attends 30 hours of instruction in a law school course may claim a maximum of 15.00 hours of credit under APR 11, with the remaining 15.00 hours being inapplicable toward the requirement and not capable of being carried over to the next reporting period. However, an active lawyer attending two separate courses may earn a maximum of 15.00 hours of credit per course and in such instance may carry the excess 15.00 hours of credit over to the next reporting period.

Courses presented on or after January 1, 2009
Credit for law school courses will be computed on the basis of one (1) credit for each clock hour of instructed law school class time actually attended. There is no limit on the number of credits that can be claimed for each law school course.

To earn credit for law school courses the lawyer must:

Arrange for the instructor or law school registrar to verify the lawyer's actual attendance at the various sessions of the course and to report such attendance to the MCLE Board;
Comply with the applicable regulations of the law school or university involved; and
Fill out a Form 1 application as with any other CLE activity. The most important portion of the application will be the agenda information for your program. Unlike the high degree of specificity required with respect to shorter conferences and seminars, more generalized agendas are acceptable for lengthier law school programs.

For more information about the rules and regulations that went into effect on January 1, 2009, follow this link: http://www.wsba.org/lawyers/groups/mcle/apr11review07.htm

If you have questions, contact the WSBA Service Center at 800-945-9722, 206-443-9722, or questions@wsba.org and ask that your inquiry be forwarded to an MCLE Analyst.

Can I get credit for pro bono work?

A lawyer may earn six credits per year � two for pro bono training and four for pro bono service � for pro bono services delivered through a qualified legal services provider (per APR 8(e)(2)). The two hours of pro bono training must be completed each year in which pro bono service is given in order to earn credit for the pro bono service.

Training A lawyer must receive pro bono education under the auspices of a qualified legal services provider, which may consist of:

Not less than two hours of training in MCLE Board-approved live presentation(s); or
Not less than two hours individually viewing or listening to pre-recorded training courses approved by the MCLE Board; or
Not less than two hours of any combination of the foregoing training; or
Not less than two hours serving as a mentor to a participating lawyer who has completed the foregoing training.

On January 1, 2009, the timing changed of when the pro bono training needs to take place � relative to giving the pro bono service � in order to be able to claim pro bono service credit.

Training for pro bono service given on or before December 31, 2008
The pro bono training must take place prior to giving the pro bono service, and both must take place in the same calendar year, in order to claim pro bono service credits.

Training for pro bono service given on or after January 1, 2009
The pro bono training must take place in the same calendar year in which the pro bono service is given in order to claim pro bono service credits. The training does not need to take place prior to giving the service. However, credits for the pro bono service will not show up in the lawyer's roster until the pro bono training has been completed.

Pro bono Service � In order to earn pro bono service credits, a lawyer must complete not less than four hours of pro bono service in the same calendar year in which the pro bono training is taken, by:

Providing legal advice, representation, or other legal assistance to low-income client(s) through a qualified legal services provider; or
Serving as a mentor to other participating lawyer(s) who are providing legal advice, representation, or assistance to low-income client(s) through a qualified legal services provider.

Applying for pro bono Service Credit

Pro bono service given on or before December 31, 2008
Once you have (1) completed at least two hours of the prerequisite pro bono training, and subsequently (2) given not less than four hours of pro bono service, you may apply for four pro bono service credits. Applications may be submitted in two ways:

1. You may submit an online Form 1 application.

Go to the WSBA web site home page at www.wsba.org.
Click on the blue and black "Online MCLE System" box in the right column.
Follow the instructions on the screen to reach your MCLE home page.
Click on "View Current Reporting Period".
Click on "Add Activity".
- For the training, use a Live Form 1 (for live training) or AV Form 1 for audio-visual course taken as self-study. (Note: The MCLE system requires that you first do a search to see if your course has already been approved in the MCLE database before you will see the "Live" or "AV" Form 1 buttons to click. If the course has already been approved, you can click on the course hyperlink to add it to your roster.)
- For the pro bono service, use the pro bono Form 1.

2. You can print a Form 1 application, and mail or fax (206-727-8313) it to the WSBA. (Note: The approval process for paper Form 1s is significantly longer than for Form 1s submitted online.)

Clearly write "PRO BONO" in the upper-right-hand corner to indicate its type.
Fill in the form fields with information about the prerequisite training activity taken from a Qualified Legal Services Provide (QLSP). For example, the "Sponsor" of the activity will be the QLSP, and the "Dates of each presentation" will be the date or dates on which you took the training.
Attach a separate written statement detailing
- The number of service hours provided;
- The Qualified Legal Service Provider through which you provided the service;
- The date(s) on which such service occurred; and
- The type of service rendered.

Pro bono service given on or after January 1, 2009
Follow the same procedures shown above for submitting the Form 1 for the training and the pro bono Form 1. However, each of these Form 1s can be submitted at any time within the same calendar year. You do not need to submit the training Form 1 prior to submitting the pro bono service Form 1. However, the credits earned for pro bono service will not register in your online credit totals until the Form 1 for the pro bono training has been submitted and approved.

Further Information � If you would like to contact a qualified legal services provider for the purpose of earning CLE credit through Pro Bono activities, or find out about approved Pro Bono training A/V programs that are available, please contact Sharlene Steele at 206-727-8262 or sharlene@wsba.org.

For more information about the rules and regulations that went into effect on January 1, 2009, follow this link: http://www.wsba.org/lawyers/groups/mcle/apr11review07.htm

Can I get credit for law school competitions, mock trials, and moot court competitions?

A lawyer may earn one general � not ethics � credit for each 60 minutes spent judging or preparing law school students for law competitions, mock trials, or moot court arguments at an ABA accredited law school. A maximum of six credits per reporting period may be earned provided the following conditions are met:

Prior to the event, the sponsor provides the lawyer "judge" training in the feedback process to be used by the "judge" to give performance feedback to each student during the event. The training must meet the accreditation requirements of the MCLE regulations. It can be conveyed by live or video-taped training, a written outline of points to be covered by the "judge', or other acceptable method.
The lawyer "judge" provides specific performance feedback to each student participant during the event.

Note: As a law school competition judge, a lawyer cannot earn:

Credits for preparation time or for grading written briefs or other written papers in connection with this type of activity, or
Ethics or preparation time credits.

The sponsor must report a lawyer's attendance at the training and at the law school competition as a judge. The sponsor must also issue an appropriate certification documenting the name of the lawyer, the activity name, date, and location, and the number of CLE credits earned.

Applying for law school competition credit
If, after 30 days have passed since the conclusion of the law school competition, the sponsor has not reported your attendance, there are two ways you can apply for law school competition credit:

1. You may submit an online Form 1 application.

Go to the WSBA web site home page at www.wsba.org.
Click on the blue and black "Online MCLE System" box in the right column.
Follow the instructions on the screen to reach your MCLE home page.
Click on "View Current Reporting Period".
Check to see if the "pre-event" training is listed in your roster. If it is not, click on "Add Activity" and do a search to find the Form 1 for the activity. If you find it, add it to your roster. If you do not find it, click on the Live or AV Form 1 button and fill out a Form 1 for the program.
Click on "Add Activity". Click on the "Moot Court" button, and complete the Moot Court Form 1 to apply for credits for the actual Moot Court event.

2. You can print a Form 1 application, and fax or mail it to the WSBA. Clearly print "MOOT COURT CREDIT" in the upper right corner of the Form 1 to indicate its type. (Note: The approval process for paper Form 1s is significantly longer than for Form 1s submitted online.) Also submit a Form 1 for the pre-event training if it is not listed on your online roster. Clearly write MOOT COURT PRE-EVENT TRAINING in the upper right corner of the Form 1.

Are mealtime activities accreditable?

Educational activities occurring during a meal may be approved if the duration of the substantive portion of the presentation is indicated separately in the time schedule from the general meal time. Generally time must be allowed for attendees to get or be served food before the actual presentation begins.

What is nexus credit?

A lawyer may earn credits for actually attending, teaching, or participating at a course that does not qualify for approval under the MCLE regulations and does not directly deal with the practice of law but that is substantially related to the lawyer's area of practice. To earn nexus credits, the lawyer must demonstrate � in a statement submitted on the Form 1 course accreditation application � that the topic, depth, and skill level will improve the lawyer's competence to practice law.

Online Form 1: Write the nexus statement in the "Comments about Activity" box.
Paper Form 1: Write the nexus statement in the box at the top of the second page.

Because approval of nexus credit necessarily depends on the nature of each individual attendee's legal practice, sponsors generally cannot receive approval for nexus credit courses.

I am an attorney residing outside the U.S. Must I continue to earn CLE credits?

Yes. If you are an Active lawyer, you must still comply with all MCLE requirements even though you are residing outside of the U.S.

A lawyer may earn credit for programs outside the United States, including courses concerning laws of jurisdictions outside the United States, if those courses are approved for credit by the MCLE Board.

A lawyer residing in a foreign country where standard live CLE courses are unavailable may earn credit for courses that do not fully meet the standards of the MCLE regulations and which would not be approved if offered within the United States. In determining whether to grant credit for such courses, the MCLE Board will consider, among other things, the availability of courses in the area involved and the good faith attempts of the lawyer to comply with the requirements of APR 11 and the MCLE regulations.

With approval from the MCLE Board, a lawyer in a foreign country with no reasonable opportunities for attendance at live CLE programs may earn a maximum of 45 credits per reporting period through approved self-study courses (waiving the live credit requirement) or by attending informal live CLE programs developed and presented by lawyers in the foreign jurisdiction.

Send a written request to the MCLE Board if a waiver of the live credit requirement or permission to be granted credit for taking live CLE programs in a foreign jurisdiction is needed. Include a detailed description of your circumstances for each type of request. The request can be sent to the MCLE Board, Washington State Bar Association, 1325 4th Ave., Seattle, WA 98101-2539 or emailed to questions@wsba.org

How long should I keep materials from a CLE course I attended?

Once the WA MCLE Board has approved the course, it generally will not request the associated written materials from you, so you should keep them according to your own need. For the purpose of a possible MCLE audit, however, agendas and certificates of completion for a course should be retained for four years after the reporting period in which you took that course.

Any conflict between information on this web page and the Admission to Practice Rules of the State of Washington or regulations pertaining thereto (the Rules) is resolved in favor of the Rules.