The ISBA Continuing Legal Education Department offers these interpretations of the new Illinois Supreme Court standards governing Minimum Continuing Legal Education (MCLE). Access www.isba.org for answers to other frequently asked questions.
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Q: To whom does the new rule apply?
A: All lawyers licensed in Illinois are subject to the rule unless they are retired, on inactive status, serving as judges, doing active military duty, licensed and actively practicing in another state with MCLE, or otherwise able to show good cause justifying exemption.
Q: Who will administer MCLE?
A: A nine-person board will be appointed by the court to recommend rules and regulations, consider and accredit programs, and perform other administrative matters.
Q: What is the MCLE requirement?
A: 20 hours for the first two-year reporting period (which begins July 1, 2006, and ends June 30, 2008, for lawyers with last names beginning A through M and begins July 1, 2007, and ends June 30, 2009, for lawyers with last names beginning N through Z); 24 hours in the second two-year period, and 30 hours every two years after that. Credit hours are actual time (60-minute hours, as opposed to the 50-minute hours used in some states).
Q: Is there a special ethics requirement?
A: Yes. As part of (not in addition to) their total MCLE hours, lawyers must log four hours of training in professionalism, diversity, mental illness and addiction, civility, or legal ethics during each two-year period.
Q: Are there special requirements for new lawyers?
A: Yes. A basic skills course is required for all lawyers admitted after Jan. 1, 2006, unless they have practiced in another jurisdiction. It must be a 15-hour course, taken within a year of admission and including training in practice, ethics and office management.
Q: Can CLE hours be carried forward?
A: Yes. Starting with programs presented Jan. 1, 2006, attorneys who are not newly admitted can carry 10 hours into any subsequent reporting period. Newly admitted lawyers can carry 10 hours earned after completing their basic skills training into any reporting period.
Q: Can I meet the MCLE requirement without leaving my office?
A: Yes. Courses may be attended by remote or satellite television, telephone or videophone conference call, videotape, film, audiotape, or computer network. Distance learning courses must have interactive components, which can be met, for example, by linking to resources on the Internet or enabling attendees to ask questions of the presenters.
Q: Can CLE presenters get credit?
A: Yes. Presenters are eligible for six times the actual presentation time for preparation, plus the actual presentation time the first time they present the program and half the time the second time they present (none after that). Authors can receive MCLE credit for the time they actually spend preparing course materials, but only 10 hours per reporting period can be earned that way.
Q: Are there other ways I can earn credit?
A: Yes. You can by attending in-house programs, taking courses at ABA accredited law schools if you're already admitted to practice, cross-disciplinary programs (such as accounting-tax or medical-legal seminars), pro-bono training, and Capital Litigation Trial Bar training. You can also earn credit by teaching law courses part-time and writing legal books and articles.
Q: Can I get credit for attending bar association meetings?
A: Yes, but any or all of the following must be discussed: substantive law, matters of practice, professionalism, diversity, mental illness and addiction, civility, and legal ethics. The meeting must also meet some of the general requirements for CLE programs.