Continuing legal education

Last updated

Continuing legal education (CLE), also known as mandatory or minimum continuing legal education (MCLE) or, in some jurisdictions outside the United States, as continuing professional development , consists of professional education for attorneys that takes place after their initial admission to the bar. Within the United States, U.S. attorneys in many states and territories must complete certain required CLE in order to maintain their U.S. licenses to practice law. Outside the United States, lawyers in various jurisdictions, such as British Columbia in Canada, must also complete certain required CLE. However, some jurisdictions, such as the District of Columbia and Israel, recommend, but do not require, that attorneys complete CLE.

Contents

Australia

United States

No nationwide rules exist within the United States for CLE requirements or accreditation. Instead, each individual jurisdiction (i.e., each state, the District of Columbia, and each territory) exercises discretion on how to regulate U.S. attorneys, which includes establishing rules for CLE requirements and accreditation. This authority is typically vested in each jurisdiction's supreme court and delegated to special CLE commissions or boards. [2]

Nonetheless, various efforts have been made to promote uniformity of CLE programs across U.S. jurisdictions. For example, the American Bar Association (ABA) promulgated a model CLE rule for individual jurisdictions to adopt. [3] Similarly, the Continuing Legal Education Regulators Association (CLEreg) created a uniform CLE application, a uniform CLE attendance certification, and a CLE distance learning glossary. [4] CLEreg also created a CLE guide to assist its members in managing CLE programs. [5]

In U.S. jurisdictions with mandatory CLE requirements, attorneys must typically earn a minimum number of CLE credits (measured in hours) over a set period of years. Also, some of these jurisdictions require a minimum number of CLE credits for specific topics (e.g., ethics, diversity training, elimination of bias, professional responsibility, basic skills, substance abuse, prevention of malpractice, and attorney-client disputes).

U.S. attorneys typically earn CLE credits by completing legal training presented by experienced attorneys. The training may cover both legal theory and practical experiences in legal practice. Competency testing is not usually required in order for attorneys to earn CLE credits through legal training. Classroom training materials can be extensive and may represent the most current and advanced thinking available on a particular legal subject. Oftentimes, a portion of CLE credits may be earned through reading and other self-study. In recent years, many jurisdictions now allow attorneys to earn CLE credits as part of distance education courses taken on-line or by listening to audio downloads.

Alternatively, experienced attorneys in some jurisdictions, such as New York, may also earn CLE credits for speaking or teaching at accredited CLE programs; for moderating or participating in panel presentations at accredited CLE activities; for teaching law courses at ABA-accredited law schools; for preparing students for and judging law competitions, mock trials and moot court arguments, including those at the high school or college level; for published legal research-based writing; and for providing pro bono legal services. [6]

Legal training or other activities often meet the rules for CLE requirements and accreditation in multiple jurisdictions. In these instances, nothing prohibits attorneys licensed in one or more of these jurisdictions from counting the training or other activities towards fulfillment of their CLE credit requirements for each of these jurisdictions.

Opportunities for CLE are offered throughout the year by state bar associations, national legal organizations such as the American Bar Association, Federal Bar Association, law schools, and many other legal associations and groups such as non-profit CLE providers Practising Law Institute (PLI), American Law Institute Continuing Legal Education (ALI CLE; formerly American Law Institute-American Bar Association ALI-ABA), The Center for American and International Law (CAIL), and The Institute of American & Talmudic Law (IAT Law), as well as other private, for-profit enterprises. Activities are usually open to all lawyers (and sometimes non-lawyers), but organizations often offer discounts to their own members. A recent trend is toward the provision and promotion of free CLE programs.

Uniquely, Kentucky allows all licensed attorneys in the state to complete their annual CLE requirement without a registration fee through a two-day program known as Kentucky Law Update, offered annually in at least seven locations throughout the state. [7]

Some attorneys, particularly those who have spent many years in active practice, have resisted CLE requirements as unconstitutional. However, in 1999, the Supreme Court of California upheld that state's CLE program against an Equal Protection Clause constitutional challenge. [8]

Canada

In Canada, rules vary by jurisdiction (i.e., provinces and territories). For example, Alberta has a mandatory Continuing Professional Development (CPD) program, requiring preparation of annual CPD plans. [9] Lawyers develop their plans and declare to the Law Society of Alberta on an annual basis that these are complete. The Legal Education Society of Alberta [10] provides tools to facilitate compliance with these requirements.

In Ontario the Law Society of Upper Canada, [11] beginning in 2010, instituted mandatory CPD hours for all lawyers in the province.

In British Columbia, CPD is mandatory [12] and lawyers are required to annually report their continuing legal education activities to the Law Society of British Columbia. The Continuing Legal Education Society of BC [13] provides tools to facilitate compliance with these requirements. Practicing lawyers must complete a minimum of 12 hours of coursework and 50 hours of self study annually.

The Canadian Defence Lawyers association provides defence-oriented CLE. [14]

The Philippines

Continuing legal education required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law (Rule 1, Bar Matter No. 850 – Supreme Court of the Philippines)

See also

Related Research Articles

A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public.

<span class="mw-page-title-main">Law school in the United States</span> School offering post-graduate education in law

A law school in the United States is an educational institution where students obtain a professional education in law after first obtaining an undergraduate degree.

<span class="mw-page-title-main">Legal education</span> Education in topics related to law

Legal education is the education of individuals in the principles, practices, and theory of law. It may be undertaken for several reasons, including to provide the knowledge and skills necessary for admission to legal practice in a particular jurisdiction, to provide a greater breadth of knowledge to those working in other professions such as politics or business, to provide current lawyers with advanced training or greater specialisation, or to update lawyers on recent developments in the law.

<span class="mw-page-title-main">Admission to the bar in the United States</span> Registration to practice law in a US jurisdiction

Admission to the bar in the United States is the granting of permission by a particular court system to a lawyer to practice law in the jurisdiction. Each U.S. state and jurisdiction has its own court system and sets its own rules and standards for bar admission. In most cases, a person is admitted or called to the bar of the highest court in the jurisdiction and is thereby authorized to practice law in the jurisdiction. Federal courts, although often overlapping in admission standards with states, set their own requirements.

A paralegal, also known as a legal assistant, or paralegal specialist is a professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with a license to practice law. The market for paralegals is broad, including consultancies, companies that have legal departments or that perform legislative and regulatory compliance activities in areas such as environment, labor, intellectual property, zoning, and tax. Legal offices and public bodies also have many paralegals in support activities using other titles outside of the standard titles used in the profession. There is a diverse array of work experiences attainable within the paralegal field, ranging between internship, entry-level, associate, junior, mid-senior, and senior level positions.

<span class="mw-page-title-main">American Bar Association</span> American association of lawyers

The American Bar Association (ABA) is a voluntary bar association of lawyers and law students; it is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 14.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. The organization's national headquarters are in Chicago, Illinois, and it also maintains a significant branch office in Washington, D.C.

A Master of Laws is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In most jurisdictions, the LL.M. is the advanced professional degree for those usually already admitted into legal practice.

A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.

<span class="mw-page-title-main">State Bar of California</span> Californias official attorney licensing agency

The State Bar of California is California's official attorney licensing agency. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate discipline, accepting attorney-member fees, and financially distributing sums paid through attorney trust accounts to fund nonprofit legal entities. It is directly responsible to the Supreme Court of California; however, its Trustees are now appointed by the Supreme Court, the California Legislature, and Governor of California. All attorney admissions are issued as recommendations of the State Bar, which are then routinely ratified by the Supreme Court. Attorney discipline is handled by the State Bar Office of Chief Trial Counsel, which acts as prosecutor before the State Bar Court of California.

<span class="mw-page-title-main">Law school</span> Institution specializing in legal education

A law school is an institution or professional school specializing in legal education, usually involved as part of a process for becoming a judge, lawyer, or other legal professional within a given jurisdiction.

<span class="mw-page-title-main">State bar association</span>

A state bar association is a bar association that represents or seeks to represent the attorneys practicing law in a particular U.S. state. Their functions differ from state to state, but often include administration of the state bar examination for admission of attorneys to practice law, regulation of continuing legal education and other requirements, collection and monitoring of attorney client trust accounts, collection of fees and discipline of attorneys for ethical or other violations. Some state bars also provide services for members such as maintaining a directory of attorneys in the state, facilitating networking and social events for attorneys, publishing a bar journal and providing classes to fulfill these CLE credits requirements.

An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.

A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Personal injury lawyers primarily practice in the area of law known as tort law. Examples of common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice.

<span class="mw-page-title-main">College of the State Bar of Texas</span>

The College of the State Bar of Texas is an honorary society of qualified lawyers who are interested in both high ethical standards and improved training for all Texas attorneys.

In the law of the United States, admission on motion refers to a procedure by which an attorney admitted to practice in one state or territory may obtain admission to practice in another state or territory without having to sit for the other jurisdiction's bar examination. Therefore, attorneys seeking admission on motion can be admitted to a jurisdiction without having to undergo any additional testing, except where the Multistate Professional Responsibility Examination ("MPRE") is required. Instead, applicants simply file a motion or application with the state supreme court, board of bar examiners, or state bar association of the other jurisdiction, which typically must be accompanied by certificates of good standing from all other jurisdictions in which they are admitted and sufficient personal information to facilitate a background check of good moral character.

Board certification is the process by which a physician or other professional demonstrates a mastery of advanced knowledge and skills through written, oral, practical, or simulator-based testing.

<span class="mw-page-title-main">Law Society of Alberta</span> Self-regulating body for lawyers in Alberta, Canada

The Law Society of Alberta (LSA) is the self-regulating body for lawyers in Alberta, Canada, established in 1907 which derives its authority from the Legal Profession Act of the Government of Alberta.

The Alaska Bar Association is a mandatory bar association responsible for the Alaska Supreme Court and for the admission and discipline process of attorneys for the state of Alaska.

The State Bar Association of North Dakota (SBAND) is the integrated (mandatory) bar association of the U.S. state of North Dakota.

<span class="mw-page-title-main">Interamerican University of Puerto Rico School of Law</span> School in San Juan, Puerto Rico

The Inter American University of Puerto Rico, Faculty of Law is the school of law of the Inter American University of Puerto Rico, a private co-educational corporation accredited by the Middle States Association of Colleges and Schools, the Puerto Rico Council of Higher Education, and the Commonwealth of Puerto Rico Department of Education. The School of Law is approved by the American Bar Association (ABA) and is located in San Juan, the capital city of Puerto Rico. Since its founding, the School of Law has succeeded in meeting the needs of the legal profession, in particular, and Puerto Rico's society in general.

References

  1. ↑ "La". Law Society of New South Wales . Law Society of New South Wales . Retrieved 11 April 2019.
  2. ↑ ABA Mandatory CLE Information.
  3. ↑ ABA Model Rule for Continuing Legal Education Archived 2016-07-06 at the Wayback Machine .
  4. ↑ CLEreg Standardized CLE Forms.
  5. ↑ CLEreg CLE Guide.
  6. ↑ New York State's Continuing Legal Education: FAQs for Experienced Attorneys.
  7. ↑ "Kentucky Law Update". Kentucky Bar Association. Archived from the original on March 9, 2013. Retrieved February 19, 2013. Click on the "About KLU" link in the menu on the left side of the page.
  8. ↑ Warden v. State Bar, 21 Cal. 4th 628 (1999).
  9. ↑ "CPD Alberta". Archived from the original on 2011-07-06. Retrieved 2009-05-08.
  10. ↑ "Home". Legal Education Society of Alberta.
  11. ↑ "Law Society of Ontario Home | Law Society of Ontario". lso.ca.
  12. ↑ "Continuing Professional Development | The Law Society of British Columbia". www.lawsociety.bc.ca. Archived from the original on 2014-12-19.
  13. ↑ "The Continuing Legal Education Society of BC".
  14. ↑ "CLE Committee". Canadian Defence Lawyers. 20 December 2022.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.