Bench & Bar

NOV 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.

Issue link: https://kentuckybenchandbar.epubxp.com/i/213936

Contents of this Issue

Navigation

Page 52 of 71

SCR 3.645 Continuing legal education requirements: compliance and certification New rule SCR 3.645 shall read: (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 SCR 3.665, shall complete and certify a minimum of 12 credit hours in continuing legal education activities approved by the Commission, including a minimum of 2 credit hours devoted to "ethics, professional responsibility and professionalism" as defined by SCR 3.600(8). All continuing legal education activities must be completed 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 3.660(6). (3) A member who accumulates an excess over the 12 credit requirement may carry forward the excess credits into the 2 successive educational years for the purpose of satisfying the minimum requirement for those years. Carry-forward credits are limited to a total of 24 credits, including 4 ethics credits. All excess credits above a total of 24 credits will remain on the member's record but may not be carried forward. (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. (5) Compliance and certification requirements concerning the New Lawyer Program requirement are set forth at SCR 3. 640(1) and (6). XLIX. [SCR 3.650 Commission duties] Deletion of SCR 3.650. L. SCR 3.650 Qualifying continuing legal education activity and standards New rule SCR 3.650 shall read: (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. (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. (h) Thorough, high-quality, readable, timely, useful and carefully prepared written materials must be made available to all participants at or before the time the activity is presented. A brief outline without citations or explanatory notations is not sufficient. (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. (j) The cost of the activity itself to participating attorneys must be reasonable considering the subject matter and instructional level. (k) The activity may be presented live or by technological transmission as defined in SCR 3.600(12). 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. (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. 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. (3) Continuing legal education credit may be earned 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. (b) Researching, writing or editing material to be presented at an approved activity. (c) Publication of a legal writing as defined by SCR 3.600(10). (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 2 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. B&B; • 11.13 51 XLIII.

Articles in this issue

Archives of this issue

view archives of Bench & Bar - NOV 2013