Bench & Bar

MAY 2013

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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PROPOSED AMENDMENTS (f) A member may appeal to the Kentucky Supreme Court from such suspension order within 30 days of the effective date of the suspension. Such appeal shall include an affidavit showing good cause why the suspension should be set aside. XLIV. SCR 3.[661]645 Continuing legal education requirements: compliance and certification The proposed deletion of SCR 3.661 and new rule SCR 3.645 is: (1) Each educational year, as defined by SCR 3.600(7), every person licensed to practice law in this Commonwealth, not specifically exempted pursuant to the provisions of [Rule] SCR 3.[666]665, shall complete and certify a minimum of [twelve and one-half (12.5)] (12) credit hours in continuing legal education activities approved by the Commission, including a minimum of [two] (2) credit hours devoted to [continuing legal education specifically addressing the topics of legal ethics, professional responsibility or professionalism] "ethics, professional responsibility and professionalism" as defined by SCR 3.600(8). All continuing legal education activities must be completed [not later than] by June 30 of each educational year. (a) Integration of legal ethics, professional responsibility and professionalism issues into substantive law topics is encouraged, but will not count toward the (2) credit minimum annual requirement. (b) It is the obligation of the attorney seeking credit to ensure the activity has been approved. Completion of a non-accredited activity shall be at the risk of the attorney. (2) Certification of completion of approved CLE activities must be received by the Director for CLE no later than August 10th immediately following the educational year in which the activity is completed. (a) Certification shall be submitted to the Director for CLE by the sponsor of the accredited activity or by individual attorneys on approved KBA forms, uniform certificates, or other format adopted by the Commission. (b) Any certification submitted after the August 10th deadline shall be deemed past due. All past due reports shall be accompanied by a late filing fee of ($50.00) per certificate to cover the administrative costs of recording credits to the prior year. All past due reports must be received by the Commission with the late fee no later than the close of the educational year (June 30th) immediately following the year during which the activity was completed. This deadline will not apply in instances where the member or former member is in the process of removing an exemption per SCR 3.665 (2) or attempting certification per SCR 3.685. (c) Sponsors submitting certifications to the Director for CLE shall comply with all requirements set forth in SCR 3. [665]660(6). (3) [Programs or seminars or designated portions thereof devoted to legal ethics, professional responsibility or professionalism include but are not limited to programs or seminars, or designated portions thereof, with instruction focusing on the Rules of Professional Conduct independently or as they relate to law firm management, malpractice avoidance, attorneys fees, legal ethics, and the duties of attorneys to the judicial system, the public, clients and other attorneys. 44 (4) Integration of legal ethics, professional responsibility or professionalism issues into substantive law topics is encouraged, but shall not count toward the two (2) credit minimum annual requirement. (5)] A member who accumulates an excess over the [twelve and onehalf (12.5)] (12) credit requirement may carry forward the excess credits into the [two] (2) successive educational years for the purpose of satisfyB&B; • 05.13 ing the minimum requirement for those years. Carry-forward credits are limited to a total of [twenty-five (25)] (24) credits, including (4) ethics credits. All excess credits above a total of [twenty-five(25)] (24) credits will remain on the member's record[s] but may not be carried forward. [(6) Carry-forward credits shall be allowed to satisfy the two (2) credit annual requirement for continuing legal education addressing the topics of legal ethics, professional responsibility and professionalism, and may be carried forward into the two years immediately succeeding the year in which the hours were earned. Carry-forward credits for ethics, professional responsibility and professionalism are limited to a total of four (4) credits. (7) Certification may be submitted by sponsors or by individuals on approved Association forms, uniform certificates, or any other format adopted by the Commission.] (4) Failure to acquire a minimum of (12) credits, including (2) ethics credits, to meet the minimum, annual continuing legal education requirement and/or the associated certification requirements set forth herein, shall be grounds for suspension by the Board from the practice of law. ([8]5) Compliance and certification requirements concerning the New Lawyer Program requirement are set forth at SCR 3. [652]640([5]1) and (6). XLV. SCR 3.[662]650 Qualifying continuing legal education activity and standards The proposed deletion of SCR 3.662 and new rule SCR 3.650 is: (1) Credit for completing qualifying continuing legal education activities, as set forth below in paragraphs (2) and (3) of this Rule, shall be calculated, reported and subject to the limitations set forth in SCR 3.655. ([1]2) A continuing legal education activity qualifies for accreditation if the Commission determines that the activity conforms to the following standards: (a) The activity is an organized program of learning (including a course of study, workshop, symposium or lecture) which contributes directly to the legal competence of an attorney. (b) The activity deals primarily with substantive legal issues directly related to the practice of law, or law practice management, and includes consideration of any related issues of ethics, professional responsibility, or professionalism. (c) The activity has significant intellectual or practical content which is timely. (d) The activity has as its primary objective to increase the participant's professional competence as an attorney. Activities designed primarily for non-lawyers do not qualify for accreditation. (e) The activity must be offered by a sponsor having substantial, recent experience in offering continuing legal education. Demonstrated ability arises partly from the extent to which individuals with legal training or educational experience are involved in the planning, instruction and supervision of the activity. (f) The activity itself must be taught and conducted by an individual or group qualified by practical or academic experience. (g) The activity, including the named advertised participants, must be conducted substantially as planned, subject to emergency alterations. ([g]h) Thorough, high-quality, readable, timely, useful and carefully

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