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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([h]i) At the conclusion of the activity, each participating attorney must be given the opportunity to complete an evaluation questionnaire addressing the quality of the particular activity. ([i]j) The cost of the activity itself to participating attorneys must be reasonable considering the subject matter and instructional level. ([j]k) The activity may be presented live or by technological transmission as defined in [Rule] SCR 3.600(12). [If presented by technological transmission, the transmission must be produced from an activity submitted and approved by the Commission pursuant to SCR 3.665.] Activities including audio components must have high quality audio reproductions so that listeners may easily hear the content of the activity. Activities including video components must have high quality video reproductions so that observers may easily view the content of the activity. [If activities are presented by technological transmission and an attorney facilitator is available for purposes of answering questions and leading discussions, that activity is considered a live seminar.] ([k]l) In cases of an in-house activity, as defined in SCR 3.600(9), such activities may be approved if all standards set forth herein for accreditation are met. [A maximum of six (6.0) credits per educational year earned at in-house activities may be applied to meet the annual twelve and one-half (12.5) credit requirement. The following additional requirements must also be met for accreditation of in-house activities:] In addition, at least half the instruction hours must be provided by qualified persons having no continuing relationship or employment with the sponsoring firm, department or agency. [(i) At least half the instruction hours must be provided by qualified persons having no continuing relationship or employment with the sponsoring firm, department or agency. For technologically transmitted activities, the activities must meet all standards for qualifying continuing legal education activities as set forth in SCR 3.662 and must be included as part of the application as set forth at SCR 3.662(1)(k). (ii) Members of the Court, the Commission or a Commission designee may attend or participate in any such program to observe compliance without payment of registration or other fees. (l) In cases of law school classes attended by members, the member may receive continuing legal education credit provided the following requirements are met: (i) The member registers for the class with the law school. (ii) The member completes the course as required by the terms of registration, for credit or by audit. (iii) Credit is calculated pursuant to Rule 3.663] (3) Continuing legal education credit may be earned [as set forth in Rule 3.663] for the following additional activities subject to the limitations set forth in SCR 3.655[.]: (a) Teaching or participating as a panel member or seminar leader in an approved activity. [No credit may be earned for teaching or participating as a panel member or seminar leader for activities that do not meet standards set forth in Rule 3.662. A maximum of twelve and one-half (12.5) credits earned under this Rule per educational year may be applied to meet the annual minimum requirement.] (b) Researching, writing or editing material to be presented at an approved activity. [No credit may be earned for researching, writing, or editing materials for activities that do not meet the standards set forth in Rule 3.662. A maximum of twelve and one-half (12.5) credits earned under this Rule per educational year may be applied to meet the annual minimum requirement.] (c) Publication of a legal writing as defined by SCR 3.600(10). [A legal writing is a publication which contributes to the legal competency of the applicant, other attorneys or judges and is approved by the Commission. Writing for which the author is paid shall not be approved. A maximum of six (6.0) credits earned under this Rule per educational year may be applied to meet the annual minimum requirement.] (d) Public speaking. Upon application, CLE credit may be earned by teaching or participating as a panel member, mock trial coach or seminar leader for law-related public service speeches to civic organizations or school groups. A maximum of [two] (2.0) credits earned under this Rule per educational year may be applied to meet the annual minimum requirement. Speaking for which the member is paid shall not be approved. Written copies of presentations must accompany such applications; provided, however, that, where appropriate, a narrative summary of the material presented may be sufficient. (e) Law school classes attended by a member, provided that the member registers for the class with the law school and completes the course as required by the terms of registration, for credit or by audit. ([2]4) The following categories of activities shall not qualify as a continuing legal education [activity.]: (a) [Activities designed primarily for non-lawyers. (b) In-house activities for which less than half the instruction is provided by qualified persons outside the firm, department or agency, and for which members of the Court, the Commission or Commission designee are prohibited from observing for compliance without charge of fees. (c] Seminars or meetings sponsored by law firms or other organizations which are determined by the Commission to be in the nature of client development and do not meet the requirements set forth in SCR 3.650(2). (b) Passing a bar exam for licensure to practice law in a state or jurisdiction. [(d) Technological transmissions as set forth at SCR 3.662(1)(j) which do not meet the standards set forth in SCR 3.662 and which have not been submitted and accredited pursuant to SCR 3.665, or which are of such poor audio and video quality that participants cannot see or hear the content under reasonable circumstances. (e) Home study or self-study which does not meet the standards set forth in SCR 3.662 and which has not been submitted and accredited pursuant to SCR 3.665. (f]c) Bar review courses taken in preparation for bar examinations for admission to the highest court in a state or jurisdiction. ([g]d) Correspondence classes. ([h]e) Any activity completed prior to admission to practice in Kentucky except the program required pursuant to SCR 3.[661(8)]645(5) and 3.[652(5)]640(1). ([i]f) Undergraduate law or law-related classes. B&B; • 05.13 45 prepared written materials must be made available to all participants at or before the time the activity is presented [,unless the absence of such materials is recognized as reasonable and approved by the Commission]. A brief outline without citations or explanatory notations is [will] not [be] sufficient.

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