September 2001

The CLE Story

by Jan Michels
WSBA Executive Director
janm@wsba.org

I want to tell this story to respond to two recent letters to the editor and to questions about what the WSBA-CLE Department does, and why. Common to most inquiries are questions about goals, costs, access and scheduling. After reading my explanation, I hope members will have a better understanding of WSBA-CLE.

The WSBA has a CLE Department in order to provide the education members want at the lowest possible cost. Different from commercial CLE vendors, WSBA-CLE is nonprofit and member-service oriented. Board of Governors¡¦ policy requires that it also be self-supporting.

From this unique structure flows the basic fact that WSBA-CLE, while a WSBA department, must live within its own revenues and expenses. CLE expenses include overhead paid to the WSBA for labor, rent, equipment and administration. WSBA-CLE is not supported by license fees or other member-generated revenue, and other WSBA programs or services are not supported by WSBA-CLE revenues. To further ensure this financial independence, WSBA-CLE is mandated to maintain a 25 percent reserve account. 

To WSBA members who run law practices or other businesses, these financial considerations have a familiar ring. They are the same overhead, marketing, and business decisions law firms deal with daily.

WSBA-CLE generates its revenue from educational and information services for members. This includes approximately 110 seminars per year, about 30 of which are in partnership with WSBA sections. There is also "after-market" derivative income generated from seminars, including course books; taped versions of the seminars; and beginning this summer, selected topics from seminars available on the Internet as credit-approved short courses. In addition, WSBA-CLE generates and updates a library of over 15 Washington-oriented resource books on a variety of legal topics, both in print and on CD-ROM.

All these services generate expenses and revenues of approximately $2.8 million annually. If the board¡¦s present pay-as-you-go model were abandoned in favor of underwriting CLE for members as a free member service partially paid by license fees, current estimates are that each member would be bearing an annual license-fee increase of more than $300 for core courses.

All these factors explain why major WSBA-CLE decisions are driven by revenue and expense considerations just like any other "business." As an example, the after-market sales of WSBA-CLE seminars in audio, video and Internet versions of the seminar presentations partly subsidize seminar registration costs. There are only two reasons for WSBA-CLE to make money: to put it back into member services such as access, training and education; and to stretch funds to meet the needs of a diverse membership.

Special services include educational offerings in smaller centers of lawyer population, occasional offerings of specialized but important courses where attendance may be limited, and cost breaks to help members who are interested in attending our seminars. Current programs for low-cost seminars include the Preferred Pass discount-price program, subsidized special offers to newly admitted members, and a limited scholarship program.

Although 73 percent of our members live within driving distance of our Seattle seminars, WSBA-CLE is committed to meeting the needs of members living in lesser-populated areas, or who practice in specific areas of law. A pure for-profit operational model suggests limiting programs to those regional and practice areas that yield the biggest attendance, and most of WSBA-CLE¡¦s provider competitors do just that. WSBA-CLE, in derogation of the pure business model, presented the following options for members in 2000-2001:

• WSBA-CLE sponsored live seminars in Bellingham, Chehalis, Friday Harbor, Kennewick, Lake Chelan, Mt. Vernon, Ocean Shores, Olympia, Portland, SeaTac, Seattle, Spokane, Tacoma, Tukwila and Vancouver; and video replays of popular seminars for local groups in Mt. Vernon, Spokane, Vancouver, Wenatchee and Yakima.
• WSBA-CLE offered 13 telephone seminars that WSBA members could take in their offices.
• WSBA-CLE offered unique discounted programs tied to hotel packages to help members take advantage of additional offerings in Seattle.

Finally, WSBA-CLE is now "rolling out" over 70 short, practice-specific audio courses online (CLE by-the-Slice) for attorneys to take at their own convenience, with no loss of billable hours due to travel.

In addition to WSBA-CLE courses, the WSBA contributes knowledgeable staff to make presentations at county bar events as well as seminars sponsored by other providers. Through outreach from the Bar¡¦s disciplinary counsel, professional responsibility counsel, Law Office Management Assistance Program and Lawyers¡¦ Assistance Program, the WSBA has been present at over 65 locations this year.

As far as WSBA-CLE services are concerned, we know from listening sessions around the state and from member watchdogs that there is continual desire for more flexible, low-cost, close-to-home, and convenient ways to earn CLE credits. WSBA-CLE does more than anyone else to meet this understandable desire. To do even "more" is a tall bill to fill in our current business model. 

It¡¦s important to keep in mind that it is this business model that allows the WSBA to underwrite the customized, educational outreaching to all areas, and even more convenient at-your-desk telephone and Internet seminars and post-seminar materials. But we are never done rethinking this pay-as-you-go CLE premise and the consequent business model. This model will be discussed by the board and at "listening sessions" throughout the state.

WSBA-CLE has no responsibility for mandatory continuing legal education rules (MCLE rules) or for our members¡¦ reporting and compliance with them. This is a function of the rules themselves, and the policies and procedures promulgated by the court-appointed Board on Mandatory Continuing Legal Education (MCLE). The MCLE regulatory function includes items that relate to each member such as credit reporting, credit tracking, and contact with members about their compliance. 

In the regulatory area, WSBA-CLE stands on an equal footing with all other CLE providers, and is required to meet uniform standards for credit approval and reporting attendance. WSBA-CLE does not have any special connection to MCLE requirements. The only way to change MCLE requirements, to allow for more A/V or electronic CLE credits or a different mix of ethics credits per reporting period, is to change the MCLE rules.

By board mandate, WSBA-CLE is not a revenue-generating function for the WSBA and is not supported by any member license fees. It is this board policy that generates the most member confusion about the mission and function of WSBA-CLE. That CLE is self-supporting is what distinguishes CLE member services from regulatory and other WSBA services that are supported by license fees.

Member input on MCLE rules or procedures may be directed to Executive Secretary, MCLE Board, c/o WSBA, 2101 Fourth Ave., Fourth Fl., Seattle, WA 98121-2330. For schedules and details on most of the WSBA-CLE features mentioned in this article, visit the WSBA Web site at www.wsba.org/cle or call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. ƒn

Back to table of contents >>