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.

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SUPREME COURT OF KENTUCKY RULES (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. (4) The following categories of activities shall not qualify as a continuing legal education: (a) 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. (c) Bar review courses taken in preparation for bar examinations for admission to the highest court in a state or jurisdiction. (d) Correspondence classes. (e) Any activity completed prior to admission to practice in Kentucky except the program required pursuant to SCR 3.645(5) and 3.640(1). (f) Undergraduate law or law-related classes. (g) Programs taken in preparation for licensure exams for non-lawyer professionals. (h) Business meetings or committee meetings of legal and law-related associations. (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 12 credit annual minimum requirement but may count toward continuing legal education award credits as determined by the Commission. (6) Accreditation of activities may be withdrawn by the Commission in cases where there is evidence that any of the above standards and criteria have not been met or that circumstances surrounding the actual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. LI. [SCR 3.651 Kentucky law update seminars in each appellate district] Deletion of SCR 3.651. LII. [SCR 3.652 New Lawyer Program] Deletion of SCR 3.652. LIII. SCR 3.655 Calculation and reporting of continuing legal education credits: formulas and limits 52 New rule SCR 3.655 shall read: (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. (a) Members completing or participating in an approved activity will be granted 1 credit for each 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. (b) Members completing or participating in an accredited technologically transmitted, non-live activity will be granted credit as set forth in SCR 3.655(2)(a). A maximum of 6 credits may be applied to meet the annual minimum CLE requirement set forth in SCR 3.645. Credits B&B; • 11.13 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. (c) Members teaching or participating as panel members or seminar leaders in an approved activity will be granted 1 credit for each 60 minutes of actual instructional time. (d) Members may be granted preparation credit as follows: (i) One credit for each 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 12 credits per educational year. (ii) One credit for each 2 hours spent researching, writing or editing material presented by another member at an approved continuing legal education activity, up to a maximum of 12 credits per educational year. (e) Credit for attending a law school class as set forth in SCR 3.650 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. (f) Members may earn credits for publication of qualified legal writing pursuant to SCR 3.650(3)(c), up to a maximum of 6 credits per year. One credit is granted for each 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 SCR 3.690. Applications for continuing legal education credit for a published legal writing shall be made as set forth in SCR 3.655(1) and shall be accompanied by a copy of the published legal writing for which credit is sought. (g) The Commission shall grant a maximum of 2 credits to meet the annual minimum requirement for public speaking pursuant to SCR 3.650(3)(d). LIV. SCR 3.660 Procedure for accreditation of continuing legal education activities and obligations of sponsors 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 accreditation may be made by an activity sponsor. (2) Application for accreditation of continuing legal education activities shall be made by members, former members or activity sponsors using forms provided by the Association or using uniform applications adopted by the Association. Applications must provide all information required by the form in order to be reviewed. All applications shall be accompanied by the appropriate application fee as follows: (a) For applications submitted by sponsors for activities greater than 2 hours in length and submitted at least 30 days in advance of the activity, the fee is $50.00 per activity. If such application is submitted less than 30 days in advance of the activity, the fee is $100.00 per activity. (b) For applications submitted by sponsors for activities 2 hours or less in length and submitted at least 30 days in advance of the activity, the fee is $20.00 per activity. If such application is submitted less than 30 days in advance of the activity, the fee is $40.00 per activity. (c) For applications submitted by members or former members, regardless of length of activity and when submitted, the fee is $20.00 per activity. (d) Activities repeated on different dates or at different locations are separate activities and require separate applications and separate fees.

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