December 1999
Supreme Court Considers MCLE Changes
by Jan Eric Peterson (Chair) and Jeff Belfiglio
MCLE Implementation Committee
The Supreme Court has before it changes to APR Rule 11 which will make the Mandatory Continuing Legal Education (MCLE) program more user-friendly, enhance the availability of courses and materials, and streamline CLE reporting. The MCLE Board, formally known as the Washington State Board of Continuing Legal Education, consists of six attorneys and one lay person, nominated by the Board of Governors and appointed by the Supreme Court, which approves courses for MCLE credit and determines whether attorneys have fulfilled their MCLE requirements. The WSBA Licensing Department is responsible for monitoring attorneys’ compliance with MCLE requirements and provides staff support to the MCLE Board. These functions should not be confused with the WSBA CLE Department, which is a CLE course provider just like other nonprofit and commercial entities.
Course Approval
One of the major responsibilities of the MCLE Board is approval of courses for CLE credit. Currently, each course is individually approved – approval often not yet applied for when the course is offered and advertised. Attorneys who attend classes that are not approved (typically because a course is offered out of state or is not directed primarily to attorneys) may also apply individually for course accreditation. Even if a course cannot be accredited because it is not primarily a course for attorneys, you may still receive "nexus" credit for attending the course if it is related to your particular practice of law. The Board receives about 5,000 requests from individual attorneys for course credit approved annually, and approximately 2,500 applications for approval from CLE program providers.
The new rules make changes that will make course approval more certain. First, the rules allow the MCLE Board to periodically approve experienced providers as "accredited sponsors," whose courses will automatically be approved. Law schools, commercial providers, the WSBA, bar sections, and other professional groups may become accredited sponsors during the year 2000. This will eliminate the need to apply for course-credit approval each time a seminar or program is offered. Further, you will be assured that programs you have paid for and attended which are provided by accredited sponsors will result in credits honored and accepted by MCLE. The rules will recognize that cross-disciplinary courses, such as in the areas of tax and estate planning, can be approved even if they are not "primarily" for lawyers (so long as they otherwise meet the accreditation requirements). This should greatly reduce the need for individual nexus applications. Additionally, in-house legal education (including seminars sponsored by law firms) with the same level of quality as current CLE courses will still be approved, subject to minimum attendance requirements. This affords considerable ease of access to CLE, provides more specialized education that may appeal to smaller audiences, and promotes collegiality. These changes are expected to be effective January 1, 2000.
Pro Bono CLE
If the Supreme Court approves a new rule, it will allow CLE credit for certain pro bono activities. Up to six hours of credit per reporting cycle (three years) will be available for attorneys who take a training course from a qualified legal services provider and perform pro bono legal services or mentor a participating attorney under the legal services program. The Board of Governors believes that this will encourage badly needed additional pro bono representation, while providing a significant educational experience for the attorney.
Primary Reporting Responsibility Shifts From You to the Providers
The new rules will require CLE providers to distribute and collect a standard attendance form on which you will verify your attendance at the course. Providers will then report attendance to the WSBA, which will maintain a database of such CLE attendance. Twice a year, you will receive a report showing your CLE credits on record as of the current reporting cycle. The database will also be accessible through the WSBA website, so you can check your CLE status (security will be strictly controlled so that each attorney can view only his or her individual information). You will be able to correct or supplement the database in writing or online with credits earned by self-study or writing, as allowed under the current and revised MCLE rules.
This new reporting and record-keeping system will be a significant new undertaking by the WSBA. This part of the new rule should be implemented by January 1, 2001.
Fees and Fines
The MCLE Board will be implementing a new system of fees for course providers, including accredited sponsors. The MCLE regulatory function is not a profit center for the WSBA, nor should it be. The goal is to be self-supporting and revenue neutral. The fees will be related to the costs the WSBA will bear, such as inputting attendance data in the record-keeping system. The new rules are designed to help members obtain and track MCLE credits more easily, thereby avoiding payment of late fees.
Summary
Most seminars will be pre-approved, so you can be confident that the time and money spent for CLEs results in earned credits. More courses will be available by including firm in-house seminars, government in-house seminars and multidiscipline credits. Your credits will be reported by the providers for you, tracked by the WSBA, and your credit status reported regularly to you. You will have online access to program schedules, credit status and your own additional reporting. More, better, easier! Your Bar Association serving you!
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