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 ([j]g) Programs taken in preparation for licensure exams for nonlawyer professionals. ([k]h) Business meetings or committee meetings of legal and law-related associations. [(3)(e)](5) Seminars designed for non-lawyer professionals which in, case-by-case situations, will benefit the lawyer by allowing clients improved services in unique areas of practice. Credits earned for this category of seminar or activity shall not count toward the [twelve and onehalf (12.5)] 12 credit annual minimum requirement but may count toward continuing legal education award credits as determined by the Commission. ([4]6) Accreditation of activities may be withdrawn by the Commission in cases where there is evidence that any of the above standards and criteria have not been met or that circumstances surrounding the actual content or transmission of the activity are not as originally represented to the Commission during the application process such that withdrawal of accreditation is warranted. XLVI. SCR 3.[663]655 Calculation and reporting of continuing legal education credits: formulas and limits The proposed deletion of SCR 3.663 and new rule SCR 3.655 is: (1) All certifications and applications for credits shall be claimed on KBA forms, uniform certificates approved by the Commission, or other mechanism adopted by the Commission and shall be forwarded to the Director for CLE. (2) Credits granted for continuing legal education activities vary depending on the nature of the activity. Credit will be granted, or is calculated, and in some instances limited, as set forth below. 46 ([1]a) Members completing or participating in [the course of study of] an approved activity will be granted [one] (1) credit for each [sixty] (60) minutes of actual instructional time. Instructional time shall not include introductory remarks, breaks, or business meetings held in conjunction with a continuing legal education activity. [For activities involving technologically transmitted programming, actual instructional time may be deemed inappropriate for assigning credit hours. In such circumstances credits claimed will be limited by the total assigned by the Commission. The Commission's assignment of credit hours for such activities will include consideration of the sponsor's estimates of average completion time, volume of material, opportunities for interaction, duration of program and other factors as deemed appropriate. No additional credit is given for completing or participating in duplicate activities at different times or locations. Duplicate completion of or participation in any course of study of any accredited activity shall not result in duplicate continuing legal education credits awarded. Continuing legal education credit shall be claimed on forms provided by the Association, or any uniform certificate adopted by the Association, and shall be forwarded to the Director.] (b) Members completing or participating in an accredited technologically transmitted, non-live activity will be granted credit as set forth in [Rule]SCR 3.[663]655(2)(a). A maximum of [six] (6.0) credits may be applied to meet the annual minimum CLE requirement set forth in [Rule]SCR 3.[661]645. Credits earned by completing a non-live activity will be applied to the educational year in which such activity is completed. Activities presented by technological transmission with an attorney facilitator available for purposes of answering questions and leading discussions are considered "live." Live webinars and teleseminars are also considered "live" programs and are not subject to this limitation. B&B; • 05.13 ([2]c) Members teaching or participating as panel members or seminar leaders in an approved activity will be granted [one] (1) credit for each [sixty] (60) minutes of actual instructional time. [Credit shall be claimed on forms provided by the Association, or any uniform certificate adopted by the Association, and shall be forwarded to the Director.] ([3]d) Members may be granted preparation credit as follows: ([a]i) One [(1)] credit for each [two] (2) hours spent in preparation for teaching or participating as a panel member or seminar leader in an approved activity, up to a maximum of [twelve and one-half (12.5)] 12 credits per educational year. ([b]ii) One [(1)] credit for each [two] (2) hours spent researching, writing or editing material presented by another member at an approved continuing legal education activity, up to a maximum of [twelve and onehalf (12.5)] 12 credits per educational year. ([4]e) Credit for attending a law school class as set forth in [Rule]SCR 3.[662]650 shall equal twice the number of semester or credit hours awarded by the law school for successful completion of the course for credit or by audit. Actual instruction time shall not be used to determine continuing legal education credit for attending law school classes. [Continuing legal education credit shall be claimed on forms provided by the Association, or any uniform certificate adopted by the Association, and shall be forwarded to the Director.] ([5]f) Members may earn credits for publication of qualified legal writing pursuant to SCR 3.650(3)(c), up to a maximum of [six] (6.0) credits per year. One [(1)] credit is granted for each [two] (2) hours of actual preparation time including research, writing, and editing. Any excess credits, up to (20) hours, will be applied toward the award established in [Rule]SCR 3.[680]690. [The Commission may grant up to twenty (20) credit hours for published legal writing toward the award, but may only grant up to six (6.0) credits to meet the annual minimum requirement.] Applications for continuing legal education credit for a published legal writing shall be made as set forth in SCR 3.[663]655(1) [on forms provided by the Association] and shall be accompanied by a copy of the published legal writing for which credit is sought. [Said application shall be forwarded to the Director.] [(6) Members completing or participating in an accredited in-house activity will be granted credit as set forth in Rule 3.663(l). A maximum of six (6.0) credits may be applied to meet the minimum requirement set forth in Rule 3.661. (7) Members completing or participating in an accredited technologically transmitted activity, as set forth in SCR 3.662(1)(j) will be granted credit as set forth in Rule 3.663(l). A maximum of six (6.0) credits may be applied to meet the minimum requirement set forth in Rule 3.661. (8) The Commission shall grant a maximum of six (6.0) credits to meet the annual minimum requirement for any combination of credits earned pursuant to SCR 3.663(6) and (7).] ([9]g) The Commission shall grant a maximum of [two] (2.0) credits to meet the annual minimum requirement for public speaking [credit earned] pursuant to SCR 3.[662]650(3)(d). XLVII. SCR 3.[665]660 Procedure for accreditation of continuing legal education activities and obligations of sponsors The proposed deletion of SCR 3.665 and new rule SCR 3.660 is: (1) Educational activities may be approved for credit upon application to the Commission. Application for accreditation may be made by a member or former member without involving the sponsor, or application for

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