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Washington State Register, Issue 08-15 WSR 08-13-017 are the following, and are described in Appendix APR 11 Regulations of the Washington State Board of Mandatory Continuing Legal Education: If a member completes more than 45 credits in a 3-year reporting period, up to 15 of the excess credits may be carried forward and applied to that members education requirement for the next reporting period. (1) A lawyer may earn all of the required credit hours, and must earn at least half of the required credits, as live credits, as described in Regulation 103(b) of Appendix APR 11. (2) A lawyer must earn a minimum of six of the required 45 credit hours of accredited legal education in the area of ethics, as that is defined in Regulation 101(g) of Appendix APR 11. (3) A lawyer may earn a maximum of one-half of the required credit hours for any reporting period through selfstudy, as defined in Regulation 103(h) of Appendix APR 11. (4) A lawyer may earn a maximum of six credit hours annually through pro bono training and service carried out strictly in compliance with Regulation 103(f) of Appendix APR 11. (5) A lawyer may earn a maximum of six of the required credit hours for any reporting period for participation in law school competitions, moot court, or mock trials programs, as described in Regulation 103(g) of Appendix APR 11. (6) A lawyer may earn a maximum of one-half of the required credit hours for any reporting period through courses sponsored by private law firms, corporate law departments and government agencies. (b) New Admission. Newly admitted members shall must complete 45 continuing legal education credits anytime after the member's date of admission or the next 4 full during the four full calendar years after the member's date of admission. If the newly admitted member earns more than 45 credits during that new admission period, up to 15 of the excess credits may be carried forward to the next reporting period. Following the new admission period, the member shall complete 45 credits every 3 three years as required by APR 11.2(a). (c) Ethics/Professionalism Component. The 45 continuing legal education credit hours required in section (a) shall include a minimum of 6 credit hours devoted to the areas of legal ethics, professionalism, or professional responsibility. The 15 credit hours that may be carried forward pursuant to section (b) may include 2 credit hours toward the legal ethics, professionalism, or the professional responsibility requirement of this section. Carryover of excess earned credits. If a member completes more than the required credits for any one reporting period, up to 15 of the excess credits may be carried forward and applied to that member's education requirement for the next reporting period. Of the 15 credit hours that may be carried forward to the next reporting period, pursuant to sections (a) and (b) of this rule: (1) A maximum of two credit hours may be applied toward the ethics requirement; and (2) A maximum of five credit hours may be applied to self-study credits. RULES OF COURT STATE SUPREME COURT [June 6, 2008] IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 11.111.7 - CONTINUING LEGAL EDUCATION AND APPENDIX A REGULATIONS 101 THROUGH 112 ) ) ) ) ) ORDER NO. 25700-A-893 The Washington State Bar Association having recommended the adoption of the proposed amendments to APR 11.1-11.7—Continuing Legal Education and Appendix A Regulations 101 through 112, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice; Now, therefore, it is hereby ORDERED: (a) That the amendments as attached hereto are adopted. (b) That the amendments will be published in the Washington Reports and will become effective January 1, 2009. DATED at Olympia, Washington this 6th day of June, 2008. Alexander, C. J. C. Johnson, J. Owens, J. Fairhurst, J. J.M. Johnson, J. Chambers, J. WSR 08-13-017 Stephens, J. RULE 11. CONTINUING LEGAL EDUCATION RULE 11.1 PURPOSE It is of primary importance to the members of the Washington State Bar Association (referred to in these rules as the Bar Association) and to the public that attorneys lawyers continue their legal education throughout the period of their active practice of law. These rules will establish state the minimum requirements for continuing legal education. [Adopted effective January 1, 1977; amended effective May 2, 2000.] RULE 11.2 EDUCATIONAL REQUIREMENT (a) Minimum Requirement. Each active member of the Bar Association, and other lawyers who are required by the APRs to complete continuing legal education credits, shall must complete a minimum of 45 credit hours of approved or accredited legal education (as provided in APR 11.4) every 3 years, as provided in the regulations to this rule by December 31 of the last year of the lawyer's three-year reporting period as assigned by the Bar Association. Specific requirements [Amended effective September 1, 1992; September 1, 1995; May 2, 2000.] [1] Miscellaneous WSR 08-13-017 Washington State Register, Issue 08-15 RULE 11.3 BOARD OF MANDATORY CONTINUING LEGAL EDUCATION [Adopted effective January 1, 1977; amended effective May 2, 2000.] RULE 11.5 EXPENSES OF THE CLE MCLE BOARD There is hereby established a Board of Mandatory Continuing Legal Education (referred to herein as the CLE MCLE Board) consisting of seven members. Six of the members of the CLE MCLE Board must be active members of the Bar Association. The seventh member shall not be a member of the Bar Association. The Supreme Court shall designate a chairperson of the CLE MCLE Board, who shall serve at the pleasure of the Court court. The members of the CLE MCLE Board shall be nominated by the Board of Governors of the Bar Association and appointed by the Supreme Court. Appointments shall be staggered for a 3-year term. No member may serve more than two consecutive terms. Terms shall end on September 30 of the applicable year. Members of the CLE MCLE Board shall not be compensated for their services,. but For their actual and necessary expenses incurred in the performance of their duties, they shall be reimbursed by the Bar Association in a manner consistent with the Bar Association's reimbursement of its committee members. The Bar Association shall furnish the CLE MCLE Board with the necessary staff and clerical help to carry out its duties. and shall pay all expenses reasonably and necessarily incurred by the CLE Board, pursuant to a budget for the CLE Board which the The CLE MCLE Board, directly or through the staff provided, annually shall submit a budget annually to the Bar Association, which shall be subject to approval by the Board of Governors. The CLE Board and Board of Governors shall clarify in writing their relationship regarding the CLE Board's budget and personnel issues. [Adopted effective January 1, 1977; amended effective May 2, 2000.] RULE 11.4 POWERS OF THE MCLE BOARD OF CONTINUING LEGAL EDUCATION [Amended effective May 2, 2000.] RULE 11.6 REPORTS AND ENFORCEMENT The CLE MCLE Board shall: approve individual courses and may accredit all or portions of the entire legal educational program of a given organization which, in the CLE Board's judgment, will satisfy the education requirements of these rules. It shall determine the number of credit hours to be allowed for each such course. The CLE Board may adopt regulations pertinent to these powers subject to the approval of the Board of Governors and the Supreme Court. Individual compliance with the educational or time requirements of these rules may be waived or modified by the CLE Board upon a showing of undue hardship, age, or infirmity. The CLE Board may set fees and fines for failure to comply with these rules, and may from time to time adjust such fees and fines, with the approval of the Board of Governors. The CLE Board has authority to waive or reduce the fee or fine on a proper showing by the petitioner. (a) Accredit and determine the number of credit hours to be allowed for all or portions of individual courses that satisfy the education requirements of these rules and Appendix APR 11 Regulations; (b) Accredit all or portions of the entire legal educational program of a given organization that satisfy the education requirements of these rules and Appendix APR 11 Regulations; (c) Adopt regulations pertinent to these powers subject to the approval of the Board of Governors and the Supreme Court; (d) Waive or modify individual compliance with the educational or time requirements of these rules upon a showing of undue hardship, age, or infirmity; (e) Set and adjust fees and fines for failure to comply with these rules and to defray the reasonably necessary costs of administering these rules with the approval of the Board of Governors; and (f) Waive or reduce fees or fines on a proper showing by the petitioner. Miscellaneous (a) Reports Reporting and Other Activities. (1) Sponsor Report Reports. The sponsor of each approved program (or each program for which approval is sought) will must make available attendance reports to be completed by those attorneys lawyers in attendance to show the actual time spent by each lawyer in attendance. The form of the reports will be determined by the CLE MCLE Board. Attorneys who wish credit for attending the program will complete the report and return it to the sponsor at the conclusion of the program (or earlier if the attorney does not attend the entire program). Attorneys who fail to return their forms to the sponsor may send them directly to the Bar Association. All forms must be sent The sponsor must send a report, consisting of a compilation of the information contained in these forms, to the Bar Association not later than 30 days after conclusion of the program. (2) Other Activities. Consistent with the provisions of Appendix APR 11 Regulations, in In the case of some programs for which approval has not been sought or obtained by the sponsor, or for other activities which may qualify for CLE credit under these rules, individual attorneys lawyers may apply for credit by direct application to the CLE MCLE Board, using the form or forms specified by the CLE MCLE Board for that purpose. (3) Confidential Member Credit Status Reports. (A) Not later than July 1, of each year, the Bar Association shall advise each active member and other lawyers required to report in the current reporting cycle of the number of earned credit hours and courses posted to their credit reflected in that lawyer's records with the Bar Association. (i) If the lawyers do not request changes to their records within forty-five days of the mailing of the report, the reported credits will be deemed correct. (ii) After 45 days, the records may be changed upon a showing of good cause. [2] Washington State Register, Issue 08-15 WSR 08-13-017 time, a waiver of compliance, modifications to the requirements, or a for or exemption from compliance with Section (a) above or for a ruling by the CLE MCLE Board of complete compliance therewith with the standard requirements. (B) Supporting documents. The petition may be accompanied by supporting affidavit(s) or declaration(s). (1) (3) No timely petition filed; suspension recommendation. Unless such petition be so is filed, the noncompliance is deemed agreed. The CLE MCLE Board shall report such fact the lawyer's noncompliance to the Supreme Court with its recommendations for appropriate action. The Supreme Court shall enter such order, as it deems appropriate. The provisions of RAP 17.4 and RAP 17.5 shall apply to any motion for reconsideration of such order. (2) (4) Petition Filed. If such petition be so is filed, in its consideration of the petition, the CLE MCLE Board shall consider factors of undue hardship, age, or disability. One of the following shall result from consideration of a petition: (A) Approval without hearing. The MCLE Board may, in its discretion, approve the same petition without hearing, or (B) Agreement with lawyer. The MCLE Board may enter into agreement on terms with such member lawyer as to time and requirements for achieving compliance with the provisions of APR 11.2(a) and APR 11.6(b) Section (a).; or (C) (3) Hearing on petition. If the CLE MCLE Board does not so approve such petition or enter into such an agreement with terms, the CLE MCLE Board (or a subcommittee of one or more CLE MCLE Board members) shall hold a hearing upon the petition. (i) The Board and shall give the member lawyer at least 10 days notice of the time and place thereof. (ii) Testimony taken at the hearing shall be under oath, and audio-recorded an audio or stenographic record will be made at the request and expense of the lawyer. The oath shall be administered by the chairperson of the CLE MCLE Board or the chairperson of the subcomittee subcommittee. (iii) For good cause shown the CLE MCLE Board may rule that the member lawyer has substantially complied with these rules for the year reporting period in question or, if he or she has not done so, it may grant the member lawyer an extension of time within which to comply, and may do so upon terms as it may deem deems appropriate. (iv) For each hearing, As to each such application the CLE MCLE Board shall enter written findings of fact and an appropriate order,. The MCLE Board shall mail a copy of the findings and order which shall be mailed forthwith to the member lawyer at the address on file with the Bar Association. (v) The MCLE Board's Any such order shall be is final unless within 10 days from the date thereof the member lawyer shall file files a written notice of appeal with the Supreme Court and serve serves a copy of on the Washington State Bar Association. The member lawyer shall pay to the clerk Clerk of the Supreme Court, a docket fee of $250.00. (4) In its consideration of petitions for relief hereunder, the CLE Board shall consider factors of hardship such as age or disability, or of restricted practice. [Moved to Rule 11.4(d).] (B) By not later than December 15 of each year, a A similar report shall be provided to all active members and other lawyers required to report continuing education credits. of the Bar not later then Decemver 15 of each year. Attorneys may request changes to the reported credits for a period of fortyfive days from the receipt of the report, after which the reported credits will be considered to be correct. They may be changed by a showing of good cause [Moved to APR 11.6. (a)(3)(A)(i) and (ii).] (b) Compliance Report Certification. Each active member or other lawyer required to complete and report continuing legal education requirements must shall submit an CLE MCLE compliance report certification form by February 1 following the end of the lawyer's three-year reporting period as specified in the regulations, or as approved by the CLE MCLE Board pursuant to rule 11.4. If a member lawyer has not completed the minimum education requirement for that members lawyer's reporting period, compliance may still be accomplished, as specified in the regulations, the lawyer may complete and return to the MCLE Board a petition, which shall be accompanied by a declaration(s) or affidavit(s) in support of the request, for an extension of time to complete the requirements. If the petition is approved, the lawyer by making shall make up the deficiency, within the first 4 months of the next succeeding calendar year, filing file a supplemental report with the Bar Association by May 1 of that year, and by paying pay a special filing late compliance filing fee by the date set forth in the agreement or order extending the time for compliance. (c) Delinquency. Any member lawyer required to do so who has not complied by May 1 of each year, or such other the certification deadline, or by the date as is set forth in an agreement or order extending the time for compliance, may be ordered suspended from the practice of law by the Supreme Court. (1) Pendency Notice. To effect such suspension removal the CLE The MCLE Board may shall by send a written notice to the non-complying member advise of the pendency of suspension removal proceedings by certified mail to any lawyer who has not complied with either the educational or certification requirements of APR 11 and the Appendix APR 11 Regulations by the certification deadline for that lawyer's reporting period or extended deadline granted by the MCLE Board. It will be sent to the lawyer's address of record with the Bar Association. The notice shall advise the member of the pendency of suspension proceedings and state that the MCLE Board will recommend suspension of the lawyer's license to practice law unless the lawyer becomes compliant or completes and returns to the MCLE Board a petition for extension of time, exemption from compliance, or ruling of complete compliance as set forth below. The MCLE Board shall include with the pendency notice a copy of the form of petition to be used. (2) Petition for extension, waiver, modification or finding of compliance. (A) Timing. Within unless within 10 days of receipt of such the pendency notice, such member shall a lawyer may complete and return to the CLE MCLE Board an accompanying form of a petition which may be accompanied by affidavit(s) in support of request for requesting an extension of [3] Miscellaneous WSR 08-13-017 Washington State Register, Issue 08-15 Bar Association. In any matter referred to the Supreme Court under these rules, the file, record, briefs, and arguments shall not be subject to this confidentiality rule. (d) Review to by the Supreme Court. To perfect such review the member shall at the members expense, within Within 15 days of the filing of the a notice with the Supreme Court for review of the MCLE Board's findings and order, after a non-compliance petition hearing, the lawyer shall cause the record or a narrative report of such reviews, cause to be transcribed and filed with the Bar Association a narrative report of proceedings in compliance with RAP 9.3 to be transcribed and filed with the Bar Association. (1) The CLE MCLE Board chairperson or chairperson of the subcommittee shall certify that any such record or narrative report of proceedings contains a fair and accurate report of the occurrences in and evidence introduced in the cause. (2) The CLE MCLE Board shall prepare a transcript of all orders, findings, and other documents pertinent to the proceeding, before the CLE MCLE Board;, which transcript shall must be certified by the CLE MCLE Board chairperson or chairperson of the subcommittee. (3) The CLE MCLE Board shall then file promptly with the Clerk of the Supreme Court the record or narrative report of proceedings and the transcripts pertinent to the proceedings before the CLE MCLE Board. (4) The matter shall be heard in the Supreme Court pursuant to procedures established by order of the Court. (e) Time. The times set forth in this rule for filing notices of appeal are jurisdictional. The Supreme Court, as to appeals pending before it, may, for good cause shown: (1) Extend extend the time for the filing or certification of said statement of facts record or narrative report of proceedings and transcripts,; or (2) Dismiss dismiss the appeal for failure to prosecute the same diligently. (f) Costs. If the member lawyer prevails in his or her appeal before the Supreme Court, the member lawyer shall be awarded costs against the Bar Association in an amount equal to his or her reasonable expenditures for the preparation of the statement or statements of facts record or narrative report of proceedings. (g) Change of Status. Once an attorney a lawyer has been ordered suspended from practice for noncompliance with these rules, the attorney lawyer affected must comply with the then applicable regulations of the CLE MCLE Board and the WSBA Bylaws for transfer from suspended inactive in order to return to active status. [Adopted effective January 1, 1977; amended effective May 14, 1982; May 2, 2000.] REGULATIONS OF THE WASHINGTON STATE BOARD OF MANDATORY CONTINUING LEGAL EDUCATION BOARD Approved as Amended by the Board of Governors and Supreme Court Regulation 101. Definitions As used in these Regulations, the following definitions shall apply: (a) "Legal education" shall mean training obtained by lawyers already admitted to practice that maintains or enhances their competence as lawyers. It is recognized that education is important to lawyers. However, not all education is legal education within the meaning of these rules. (a)(b) "Approved" or a Accredited legal education activity" shall means any method by which a lawyer may earn MCLE credits, and includes individual seminar, courses, self-study, teaching, pro bono legal services, law school competitions, nexus, and writing and editing, as described in these regulations or other continuing legal education activity approved by the Washington State Board of Continuing Legal Education (Continuing Legal Education Board). (c) "Active member" shall mean any person licensed to practice law in the state of Washington as an active member of the Washington State Bar Association. (b) (d) "Accredited sponsor" shall means an organization that meets the requirements of Regulation 105 for accreditation of its whose entire continuing legal education program subject to review by the MCLE Board has been accredited by the Washington State Board of Continuing Legal Education, pursuant to Regulation 106 herein. A specific, individual continuing legal education activity presented by such a sponsor constitutes an "approved" legal education activity. (c) "APR 11" means Admission to Practice Rule 11, including subsequent amendments. (d) "Attending" means: (1) Presenting for or being present in an audience, either in person or through an electronic medium, at an accredited live continuing legal education course at the time the course is actually being presented; or (2) Engaging in self-study using pre-recorded audiovisual or audio-only courses that have been accredited by the MCLE Board. (e) "Chairperson" means the chairperson of the MCLE Board, except where otherwise indicated. "CLE Board" shall mean the Washington State Board of Continuing Legal Education. (f) "Course" means an organized program of learning dealing with matter directly relating to the practice of law or legal ethics, including anti-bias and diversity training, and substance abuse prevention training. "Quorum" of the CLE Board shall consist of four (4) or more members of the Board. [Amended effective May 14, 1982; September 1, 1992; January 1, 2001.] RULE 11.7 CONFIDENTIALITY The files and records of the Bar Association, as they may relate to or arise out of any failure of a member of the Association, or other lawyers, to satisfy these continuing legal education requirements, shall be deemed confidential and shall not be disclosed except in furtherance of its duties, or upon request of the attorney lawyer affected, or pursuant to a proper subpoena duces tecum, or as directed by this Court court. The records and information contained therein should not be available to any sponsosring sponsoring organization, including the Continuing Legal Education Department of the Miscellaneous [4] Washington State Register, Issue 08-15 (g) "Ethics" includes discussion, analysis, interpretation, or application of the Rules of Professional Conduct, Rules for Enforcement of Lawyer Conduct, Code of Judicial Conduct, judicial decisions interpreting these rules, and ethics opinions published by bar associations relating to these rules. It also includes the general subject of professional conduct standards for lawyers representing clients and the public interest. Ethics credits may also be awarded for accreditable activities in the areas of diversity and anti-bias with respect to the practice of law, or the risks to ethical practice associated with diagnosable conditions of stress, anxiety, depression, and addictive behavior. "Chairperson" shall mean the chairperson of the CLE Board, except where other usage of that term is indicated. (h) "Executive Secretary" shall means the executive secretary of the MCLE Board. (i) "Form 1" means the CLE course accreditation application form. "APR 11" shall mean Admission to Practice Rule 11, together with any subsequent amendments thereto, as adopted by the Supreme Court of the State of Washington. (j) "Governmental agency" means federal, state, local, and military agencies and organizations, and organizations primarily funded by one or more of the preceding, but excludes colleges, universities, law schools, and graduate schools. "Teaching" in an approved continuing legal education activity shall mean and encompass the delivery of a prepared talk, lecture or address at such activity. (k) "Groups 1, 2, and 3" means three groups of lawyers for purposes of the reporting periods to which they are assigned: Group 1 consists of lawyers admitted through 1975 and in 1991, 1994, 1997, 2000, etc.; Group 2 consists of lawyers admitted 1976 through 1983, and in 1992, 1995, 1998, etc.; and Group 3 consists of lawyers admitted 1984 through 1990 and in 1993, 1996, 1999, etc. New admittees shall be assigned to these Groups in the same manner upon admission. "Participating" in an approved continuing legal education activity shall mean and encompass taking part in such activity as a member of a panel discussion, without the preparation of written materials or the delivery of a prepared talk, lecture or address. (l) "Legal education" means activities that meet the requirements of these regulations and that maintain or enhance the competence of lawyers with respect to the practice of law. "Attending" an approved continuing legal education activity shall include and encompass: (1) Presence in an audience of two or more persons being addressed by participants in an approved continuing legal education activity, and (2) Viewing or listening individually to video or audio tapes, CD-ROM, motion pictures, simultaneous broadcast or other such systems or devices approved by the CLE Board. (m) "MCLE Board" means the Washington State Board of Mandatory Continuing Legal Education. "Groups 1, 2, and 3": the active members of the bar shall be divided into three groups. Group 1 shall be those admitted through 1975 and in 1991, 1994, 1997, 2000. Group 2 shall be those admitted 1976 through 1983, and in 1992, 1995, 1998. Group 3 shall be those admitted 1984 through 1990 and in 1993, 1996, 1999. Members shall continue to be assigned to Groups upon admission in the same consecutive manner. WSR 08-13-017 (n) "Participating" means taking part in an accredited continuing legal education course as a contributing member of a panel. "Professionalism" is no more, and no less, than conducting one's self at all times in such a manner as to demonstrate complete candor, honesty, courtesy and avoidance of unnecessary conflict in all relationships with clients, associates, courts and the general public. It is the personification of the accepted standard of conduct that a lawyer's word is his or her bond. It includes respectful behavior towards others, including sensitivity to substance abuse prevention, anti-bias or diversity concerns. It encompasses the fundamental belief that a lawyer's primary obligation is to serve his or her clients' interests faithfully and completely, with compensation only a secondary concern, acknowledging the need for a balance between the role of advocate and the role of an officer of the court, and with ultimate justice at a reasonable cost as the final goal. The area of professionalism shall include the issues of and training in diversity, anti-bias, and substance abuse training in order to improve public confidence in the legal profession and to make lawyers more aware of their ethical and professional responsibilities. (o) "Qualified legal services provider" means a not-forprofit legal services organization whose primary purpose is to provide legal services to low income clients, as defined in APR 8 (e)(2). "Ethics" shall include discussion, analysis, interpretation, or application of the Rules of Professional Conduct, Rules for Enforcement of Lawyer Conduct, Code of Judicial Conduct, judicial decisions interpreting these rules, and ethics opinions published by bar associations relating to these rules, as well as the general subject of standards of professional conduct expected of lawyers acting in the representation of clients and in the public interest. (p) "Quorum of the MCLE Board" means four or more members of the Board. "Practicing law," for the purpose of this rule, is defined as the representation of one or more clients under the authority of a license to practice law in the state of Washington. (q) "Teaching" means the delivery of a prepared talk, lecture or address at an accredited continuing legal education course. [Regulation 101 amended effective May 2, 2000; October 1, 2002.] Regulation 102. Requirement Continuing Legal Education (a) As provided for in APR 11.2, each active member shall complete a minimum of 45 credit hours of approved legal education every three years. At least six of the 45 continuing legal education credit hours required during the reporting period shall be devoted exclusively to the areas of legal ethics, professionalism, or professional responsibility. If an active member completes more than 45 credits during a three-year reporting period, 15 of the excess credits may be carried forward and applied to that member's education requirement for the next reporting period. The fifteen credit hours that may be carried forward may include two credit hours toward the legal ethics, professionalism, or professional responsibility requirement. [5] Miscellaneous WSR 08-13-017 Washington State Register, Issue 08-15 (b) Ethics/Professionalism Requirement. As provided for in APR 11.2(c) (c) All active members shall complete and report a minimum of six credit hours of approved or accredited legal ethics, professionalism, or professional responsibility continuing education for the reporting period terminating on December 31, 1998 and for each reporting period thereafter. imply that the WSBA or the MCLE Board approves or endorses any person, law firm, or company providing goods or services to lawyers or law firms. (h) Private Law Firm, Legal Department, and Government Agency Education. In addition to compliance with the requirements above, courses presented by private law firms, in-house legal departments, and government agencies may be approved for credit under the provisions of APR 11 on the following bases: (1) Approval of private law firm and legal department courses may be granted only on a case by case basis. Accredited Sponsor status will not be available for private law firm or legal department sponsors. (2) If a private law firm or in-house legal department contracts with an outside CLE provider to present a CLE, then the private law firm or in-house legal department sponsor must register as the sponsor of the CLE program. The outside CLE provider is not the sponsor in this situation. Nothing herein, however, shall be construed to prohibit or discourage private law firms or in-house legal departments from contracting with CLE providers to provide training, nor shall a CLE sponsor lose its accredited status because it provides courses or training to private law firms or in-house legal departments. (3) Courses sponsored by private law firm or in-house legal department sponsors may be open or closed to nonmembers of the private law firm or in-house legal department sponsor provided that notice of such courses shall be published on the WSBA's MCLE web page. (4) A course must not focus directly on a pending case, action or matter currently being handled by the sponsor if the sponsor is a private law firm, corporate legal department, or a government agency. (5) If the course is sponsored by a private law firm, no client, former client, or prospective client of the private law firm may directly or indirectly pay for or underwrite the course, in whole or in part. [Regulation 102 adopted effective July 26, 1995; amended effective May 2, 2000.] Regulation 102. Standards for Approval and Accreditation. To be approved for credit, all courses must meet all of the following criteria, except where otherwise stated. (a) A course must have significant intellectual or practical content relating to the practice of law or legal ethics. In determining whether courses have such content, the following factors should be considered: (1) The topic, depth, and skill level of the material; (2) The level of practical or academic experience or expertise of the presenters or faculty; (3) The intended audience, which may include others besides lawyers; (4) The written materials, which must be of high quality, in a hardcopy or electronic format, and distributed to all attendees at or before the course is presented. In some unusual cases, written materials may not be necessary, but that is the exception and not the rule; and, (5) The physical setting, which must be suitable to the educational activity and free from unscheduled interruption. (b) Any written, electronic, or presentation materials must be available for submission and review upon request by the MCLE Board. However, in the case of government-sponsored, closed seminars, where materials are subject by law to confidentiality rules or regulations, those portions of the materials subject to confidentiality may be redacted from the overall submission, provided that a list of the redacted materials, a general summary of the redacted materials, and the basis for confidentiality, is supplied. (c) The course must be open to audit by the MCLE Board or its designees at no charge. However, this requirement may be waived in cases of government-sponsored, closed seminars if the reason stated on the Form 1, as required by Reg 104 (a)(3), is approved by the MCLE Board. (d) The sponsor must keep accurate attendance records and retain them for six years. The sponsor must provide copies to the MCLE Board upon request. In addition, the sponsor must report attendance within 30 days of the end of the program as required by APR 11.6 (a)(1). (e) The attendees must be provided with a critique form or evaluation sheet to complete. The completed forms, or a compilation of all numerical ratings and comments, must be retained by the sponsor for two years and copies must be provided to the MCLE Board upon request. (f) There must be no marketing of any law firm or any company that provides goods or services to lawyers or law firms during the presentation of the program in the room where the program is being held. (g) Aside from indicating that an activity has been accredited for the number and type of credits approved by the MCLE Board, people and organizations must not state or Miscellaneous Regulation 103. Earning and Calculating Credits: Computation WSBA MCLE staff, the Executive Secretary, or the MCLE Board will apply APR 11 and these regulations to determine approval or denial of accreditation, and to determine the number of credits a lawyer can earn for each activity. (a) Accreditable activities. A lawyer may earn cContinuing legal education credit may be obtained by attending, or teaching, or participating in, accredited continuing legal education activities, subject to all restrictions, limitations, and conditions set forth in APR 11 and these regulations. which have been (1) approved by the CLE Board, (2) afforded retroactive approval by the CLE Board pursuant to APR 11 and these Regulations, or (3) conducted by an accredited sponsor, as set forth herein. (1) A lawyer may earn credits through an accreditable activity even if neither the lawyer nor the activity is in Washington State (see Regulation 103 (e)(1), 103(k), and 107(e)); and (2) To be accreditable, an activity must have no attendance restrictions based on race, color, national origin, reli[6] Washington State Register, Issue 08-15 gion, creed, gender, age, disability, sexual orientation, or marital status. (3) A lawyer may earn teaching and preparation credits through teaching a pre-admission course required by APR 5(b) and APR 18 (c)(1)(i). (b) Live credits. A lawyer may earn "live credits" by attending in person or via an electronic medium, or teaching or participating in an accredited course at the time the course is actually being presented. (1) Teleconferences, videoconferences, and webcasts are considered "live" if there are presenters or expert moderators available to all course attendees at the time the course is actually being presented and all attendees can hear or see other attendees' questions and the resultant responses at the time they happen. (2) Viewings of pre-recorded courses, presented by one or more expert moderators qualified and available at the time of the viewing to answer questions and expand on topics may also be considered "live". (3) Writing credits, as defined in Regulation 103(j), are considered to be live credits. Credit shall be awarded on the basis of one (1) hour for each sixty (60) minutes actually spent by a member in attendance at an approved activity. Otherwise stated, a "credit hour" equals one (1) clock hour of actual attendance. (c) Credit for attending accredited courses. A lawyer may earn one credit for each 60 minutes spent attending actual instruction at an accredited course. A lawyer may earn no more than eight credits per day spent attending courses. A lawyer may earn credit only once for attending the same approved course. Meals and Banquets. Credit may not be denied merely because continuing legal education activities are presented at a meal or banquet. (d) Credit for Tteaching or participating in accredited courses. A lawyer may earn Ccredit toward the continuing legal education requirement set forth in APR 11.2(a) and Regulation 102 may be earned through by teaching or participating in an approved accredited continuing legal education course. activity on the following basis: (1) An active member Additionally, a lawyer who is teaching or participating in an approved accredited activity course shall may receive earn credit on the basis of one credit for each sixty (60) minutes actually spent by such member the lawyer in attendance at and teaching in preparing for the presentation of the course, such activity. Additionally, an active member teaching in such an activity shall also be awarded further credit on the basis of one credit hour for each sixty (60) minutes actually spent in preparation time, provided that in no event shall more than up to a maximum of ten (10) hours of credits per course. be awarded for the preparation of one hour or less of actual presentation. A lawyer may earn credit only once for teaching or participating in the same accredited course, regardless of the number of times the course is presented. EXAMPLES: Attorney Lawyer X, an active member, gives a one hour lecture presentation and attends the other five hours at a six (6) credit hour seminar course presented in each of three cities, and attends the rest of the course on each of those days. Attorney If Lawyer X is entitled to one credit hour for each sixty (60) minutes of actual attendance and WSR 08-13-017 teaching at presentation of the seminar. In addition, attorney X may be awarded up to ten ( spent 10) additional credits for time spent in preparation. Accordingly, Attorney X, if he attends and teaches in an entire presentation of the seminar, may claim a total of sixteen ( hours preparing for the presentation, Lawyer X may earn a total of 16) credits. maximum for his involvement in the three-city series of seminars. EXAMPLE: Attorney Y, Lawyer X an active member, gives a two (2) hour presentation and attends the other four hours at a six credit hour course presented in three cities, and attends the rest of the course on each of those days. If Lawyer X spent 15 hours preparing for the presentation, Lawyer X may earn a total of 16 credits. lecture at the same seminar. Attorney Y is entitled to one credit hour for each sixty (60) minutes of actual attendance and teaching at presentation of the seminar. In addition, Attorney Y may be awarded up to twenty (20) additional credits for time spent in preparation. Accordingly, Attorney Y, if he attends and teaches in an entire presentation of the seminar, may claim a total of twenty-six (26) credits maximum for his involvement in the three-city series of seminars. (2) An active member participating in an approved activity shall receive credit on the basis of one credit hour for each sixty (60) minutes actually spent by such member in attendance at presentation of such activity. Additionally, an active member participating in such an activity shall also be awarded further credit on the basis of one hour for each sixty (60) minutes actually spent in preparation time, provided that in no event shall more than five (5) hours of credit be awarded for such preparation time in any one such continuing legal education activity. EXAMPLE: Attorney Z, an active member, participates in a one hour panel discussion at a six (6) credit hour seminar presented in each of three cities. Attorney Z is entitled to one credit hour for each sixty (60) minutes of actual attendance at presentation of the seminar. In addition, Attorney Z may be awarded additional credits for preparation time for the panel discussion. Accordingly, Attorney Z, if he actually attends an entire presentation of the seminar, may claim a total of eleven (11) credits maximum for his involvement in the three-city series of seminars. (e) Credit for attending or teaching Llaw Sschool Ccourses. (1) Attending. A lawyer may earn Credit under the provisions of APR 11 shall be computed on the basis of one (1) credit for each clock hour 60 minutes of instructed law school class time actually the lawyer attendsed in law school courses at the J.D. or advanced education level. The course may be taken within or outside the United States, and the lawyer is not required to take or be successful on any examination given in connection with the course in order to earn CLE credits for attending the course. To earn credit, the lawyer must: up to a maximum of 15.00 hours per course. For example, under this formula an active member who actually attends 30 hours of instruction in a law school course may claim a maximum of 15.00 hours of credit under APR 11, with the remaining 15.00 hours being inapplicable toward the requirement and not capable of being carried over to the next reporting period. However, an active member attending two separate courses may earn a maximum of 15.00 hours of [7] Miscellaneous WSR 08-13-017 Washington State Register, Issue 08-15 credit per course and in such instance may carry the excess 15.00 hours of credit over to the next reporting period. (A) An active member taking such a course shall aArrange with for the instructor or law school registrar to for verifyication of the active member's lawyer's actual attendance at the various sessions of the course and for the to reporting of such attendance to the MCLE Board.; and (B) Comply with the applicable regulations of the law school or university involved. Success on any examination given in connection with such a course is not a prerequisite to obtaining CLE credit for attendance at the a course under the provisions of APR 11. (2) Teaching. Full time teachers and lawyers whose primary employment is teaching law school courses may not earn credit for teaching or preparation of law school courses, but a lawyer who is acting as a part-time adjunct professor or lecturer may earn credit in connection with that lawyer's first presentation of a specific law school course, as follows: (A) Presentation time- one credit for each 60 minutes of presentation time for that lawyer's first presentation of a specific law school course, up to a maximum 15 credits for actual presentation time; and (B) Preparation time- one credit for each 60 minutes the lawyer spends preparing for each 60 minutes of presentation time, up to a maximum of 10 credits of actual preparation time for each 60 minutes of presentation time. (f) An active member shall receive a maximum of onethird of the continuing legal education required under APR 11.2(a) through self-study credits or audio/videotaped instruction (defined in Regulations Section 104 (b)(1)). (f) (g) Credit for Ppro Bbono Llegal Sservices: A member lawyer may earn up to six (6) hours of credits annually if: by certifying that the member has fulfilled the following requirements under the auspices of a qualified legal services provider: (1) Each attorney seeking CLE credit will have The lawyer receivesd at least two (2) hours of education in a given calendar year, under the auspices of a qualified legal services provider, which may consist of: (A) (i) Nnot less than two (2) hours of training in MCLE Board-approved with live presentation(s); or (B) (ii) Nnot less than two (2) hours individually viewing or listening individually to video or audio tapes pre-recorded training courses approved by the MCLE Board; or (C) (iii) Not less than two hours of any combination of the foregoing training; or (D) (iv) Not less than two hours serving as a mentor to a participating attorney lawyer who has completed the foregoing training; and (2) Each attorney seeking CLE credit also will have subsequently The lawyer completesd not less than four (4) hours of pro bono work in that same calendar year by: (A) pProviding legal advice, representation, or other legal assistance to low-income client(s) through a qualified legal services provider; or (B) in sServing as a mentor to other participating attorney(s) lawyer(s) who are providing such legal advice, representation, or assistance to low-income client(s) through a qualified legal services provider. Miscellaneous [Regulation 103 amended effective May 2, 2000; August 3, 2004.] (g) (h) Credit for Llaw school Ccompetitions. A lawyer Credit may be earned one general - not ethics - credit for each 60 minutes spent judging or for preparing Llaw Sschool students for and judging law competitions, mock trials, and or moot court arguments at an ABA accredited law school. Up to a maximum of six credits per reporting period may be earned provided the following conditions are met: Ethics and professionalism credit hours are not available for participation in this type of CLE activity. CLE credit hours are not available for grading written briefs or other written papers in connection with this type of CLE activity. No additional credit may be earned for preparation time. The sponsor of the CLE activity is responsible for issuing appropriate certification documenting the name of the attorney, name, date and location of thw course or program and the number of CLE credit hours earned. (1) Prior to the event, the sponsor provides the lawyer "judge" training in the feedback process to be used by Law School Competitions: One (1) credit hour may be earned for each sixty (60) minutes of participation in an ABA accredited law school competition provided that the law school training activity is structured to require that the "judge" provide specific to give performance review feedback to each student participant during the event. Such training must incorporate the requirements of Regulation 102(a), and it can be conveyed The performance review must conform to a redetermiuned "feedback process" to be established and agreed upon by the Law School and the participating attorney through a prior-to-the-activity communication (e.g. watching a by live or video-taped training, reviewing a written outline of for points to be covered by the "judge", or other acceptable method. etc.). The educational elements must be structured into the competition and must be consistent with Regualtion 104. (2) The lawyer "judge" provides specific performance feedback to each student participant during the event. Maximum of six (6) CLE credit hours may be earned for participation in this type of CLE activity during any one reporting cycle. (3) The sponsor issues appropriate certification documenting the name of the lawyer, the activity name, date, and location, and the number of CLE credits earned. (4) The lawyer does not earn credits for preparation time or for grading written briefs or other written papers in connection with this type of activity. Regulation 104. Standards for Approval (a) Basis for approval of courses. Courses will be approved based upon their content. An approved course shall have significant intellectual or practical content relating to the practice of law. In evaluating content, course presenters and audience may be considered but those will not be the principal criteria for approval. Courses involving federal or state taxation issues, arbitration or alternative dispute resolution, as examples, may appeal to persons from disciplines other than law, but may still be approved courses. [8] Washington State Register, Issue 08-15 (1) Definition. The course shall constitute an organized program of learning dealing with matter directly relating to the practice of law, legal ethics, or professionalism, including anti-bias and diversity training, and substance abuse prevention training. (2) Factors in evaluating. Factors which should be considered in evaluating a course include: (i) The topic, depth, and skill level of the material. (ii) The level of practical or academic experience or expertise of the presenters or faculty. (iii) The intended audience. (iv) The quality of the written, electronic, or presentation materials, which should be high quality, readable, carefully prepared and distributed to all attendees at or before the course is presented. In some cases, written material may not be necessary, but that is the exception and not the rule. (v) The physical setting is suitable to the educational activity, free from unscheduled interruption, and should include a writing surface where feasible. (b) Basis for approval of activities. Credit will also be given for certain activities which are not approved courses. The following activities will qualify for continuing legal education credit, subject to the restrictions set forth below. (h) (1) Credit for Sself-Sstudy Credits. A lawyer Attorneys may receive earn credit for self study by completing MCLE Board-approved pre-recorded audiovisual or audioonly courses, under the following conditions: watching or listening to video or audio tapes, CD-ROM, motion pictures, simultaneous broadcast, electronic or other such systems or devices approved by the CLE Board or by engaging on computer-assisted legal study programs, which meet the content requirements of (a), above. (1) Requirements for lawyers. (A) (i) For all To claim CLE credits earned through selfstudy courses, the lawyer must attorneys are required to report on their CLE Certification a Form 1 for each activity: (i) The sponsor and title of the course; (ii) The original date the activity was recorded; (iii) The date the lawyer completed the course; and (iv) Tthe number of credits for which the course tape, CD-ROM, motion pictures, electronic or other such systems or devices, or computer assisted self-study program was approved., the sponsor, the title of the seminar or program, and the date the seminar or program was originally recorded or, in the case of computer assisted self-study programs, its most recent edition year. (B) The lawyer must declare on the reporting period By signing the CLE Certification form, attorneys will declare that they lawyer did not knowingly have not violated any copyright laws in earning the credits reported in the Certification. (2) (ii) Requirements for sponsors regarding accreditation of self-study courses. For all pre-recorded courses approved for credit by the MCLE Board: (A) The Ssponsors are required to must affix on the outside of the recording: each audio or video tape, CD-ROM, motion pictures, electronic or other such systems or devices approved for credit by the Board, (i) Tthe name of the sponsor;, WSR 08-13-017 (ii) Tthe name of the program course;, (iii) Tthe date originally recorded;, (iv) Tthe total running time length of the tape in hours and minutes; and (v) Tthe number of credits for which it has been approved. Computer assisted self-study programs are not subject to this provision. (B) (iii) Sponsors are not required to submit a copyies of the self-study course audio or video tape, CD-ROM, motion pictures, electronic or other such systems or devices with applications for approval the Form 1, but must provide copies to. Tthe MCLE Board on request, however, reserves the right to obtain on demand a copy of any tape, CD-ROM, motion pictures, electronic or other such systems or devices, submitted for approval. (C) (iv) If a live seminar course was is approved by the Board, the video or audio tape pr electronic recorded version of that seminar course is deemed automatically approved if the sponsor creates a "duplicate" Form 1 at the MCLE web site or submits a paper Form 1 for the recorded version of the course without the sponsor submitting a second application for approval. (D) Written materials distributed at the live course seminar must also be distributed with the pre-recorded course taped or electronic seminar. (v) Regulation 104(a) regarding the distribution of written materials applies to taped or electronic seminars as well as live seminars. It does not necessarily apply to computer assisted self-study programs. (E) (vi) As a general rule, tThe accreditation of all tapes, the pre-recorded course expires five years after the date the course was originally recorded, except those determined by the MCLE Board to be purely skills training tapes courses., expires five years after the date the tape was originally recorded. (2) Attendance at courses that have not applied for or received approval as courses. Applicants may receive individual approval for attendance at a course which would have been approved if the sponsor had applied for credit by submitting Form 1. (i) (3) Credit for Nnexus courses credit. A lawyer may earn credits for actually Aattending, or teaching, or participating at a course that does not qualify for approval under these regulations and does not directly deal with the practice of law but that where there is a substantially relatedionship to the lawyer's field area of practice. To earn such credits, and the lawyer must demonstrates that the topic, depth, and skill level will improve the lawyer's competence to practice law. A course which does not directly deal with the practice of law, such as a medical course, a child abuse program or some similar offering, may not qualify for approval of a course under Regulation 104(a). Individual attorneys who practice in those areas will have a direct benefit from attending such a course, however. Upon a showing of nexus between an individual's law practice and such a course. CLE credit may be given to that individual attorney even though the course itself does not qualify for credit. (j) (4) Credit for Wwriting and Eediting Aactivities. Credit for writing and or editing activities may be is granted sparingly, and only on a case by case basis. A lawyer may [9] Miscellaneous WSR 08-13-017 Washington State Register, Issue 08-15 earn one live credit for every 60 minutes spent in writing and editing activities, up to a maximum of 10 live credits per writing activity, under the following conditions: (1) that prior approval is secured and tThe writing or editing in question meets the standards of Regulation 104(a) these regulations;, (2) and that it The writing is actually published for the education of the Bar by an entity recognized in the legal community as a publisher of legal works; and (3) The Wwriting or editing is not performed for or on behalf of a client or prospective client, for marketing purposes, or in the course of the regular practice of law, is not eligible for credit. See Regulation 104 (d)(3). Credit for writing or editing activities shall be granted sparingly, and only on a case by case basis. In appropriate circumstances, the CLE Board may waive the prior approval requirement and grant credit retroactively if the quality standards are met. The CLE Board may also waive the prior approval requirement where the publisher has demonstrated uniform adherence to the Standards of 104(a). Writers or editors, whose work has been approved, may claim up to a maximum of 10.00 CLE credit hours. The number of actual hours claimed should be based on the number of hours spent in preparing the material, but in no case may more than 10.00 credit hours be claimed. (k) Credit for courses for lawyers in foreign countries and/or remote locations in the United States. (1) A lawyer may earn credit for programs outside the United States, including courses concerning laws of jurisdictions outside the United States, if those courses are approved for credit by the MCLE Board. (2) A lawyer residing in a foreign country where standard live CLE courses are unavailable may earn credit for courses that do not fully meet the standards of these regulations and which would not be approved if offered within the United States. In determining whether to grant credit for such courses, the MCLE Board shall consider, among other things, the availability of courses in the area involved and the good faith attempts of the lawyer to comply with the requirements of APR 11 and these regulations. (3) With approval from the MCLE Board, a lawyer in a foreign country with no reasonable opportunities for attendance at live CLE programs may earn a maximum of 45 credits per reporting period through approved self-study courses or by attending informal CLE programs developed and presented by lawyers in the foreign jurisdiction. (4) With approval from the MCLE Board, a lawyer in a location within the United States that is very remote and removed from reasonable opportunities for attendance at live CLE programs may earn a maximum of 45 credits per reporting period through approved self-study courses. Such approval will be granted sparingly. (l) (c) Examples of courses or activities that may qualify for credit. The following types of activities may be approved for credit, subject to the other provisions of these regulations: (1) Courses about Attending or participating in programs that deal with the problems of running a law office may be approved. - iIn particular, docket control, malpractice avoidance, and education on substance abuse by lawyers and other Miscellaneous legal professionals, or assistants will qualify for approval, time management, increasing office efficiency, business planning, office financial management, billing and collections procedures, office technology, and customer service, as each relates to the practice of law. (2) Programs Courses that are designed to improve an attorney's lawyer's communication skills for communicating with his or her clients and or to improve the attorney lawyerclient relationship will be approved. (3) (2) Courses or self study programs on how to conduct electronic legal research may be approved subject to the other provisions of these regulations. (4) (3) Alternate dispute resolution courses may be approved subject to the other provisions of these regulations. (4) CLE credit will be given for attending law school courses, including courses offered at the J.D. or advanced education levels based upon the actual hours of attendance. Applicants need not take exams to qualify for credit, but must otherwise comply with the applicable regulations of the law school or university involved. Credit for teaching law school courses by full-time teachers will not qualify for credit. However, for the first preparation leading to the teaching of a specific law school course by an adjunct (not a full-time) professor, credit will be given on the basis of ten hours of preparation credit for each hour of presentation time, and one credit will be given for each hour of class presentation time to a maximum of 15 credit hours of presentation time each year. (5) Credit will not be given for A lawyer's attendanceing at Bbar review/refresher courses offered in preparation for the Washington State Bar examination, but credit may be given for attending bar review/refresher course offered in jurisdictions other than Washington, on the basis of 1.00 one credit for each classroom hour of actual instruction or audio/videotaped instruction. (6) Courses sponsored by or involving participation by a company that provides services or products to the legal community, but only if the written material does not include prepared promotional literature, and: (A) There is no marketing of that company during the program; or (B) There is equal treatment in any discussion and written materials of alternate vendors of the particular product or service. Programs outside the United States may be given credit, subject to the following provisions. (i) Seminars concerning laws of jurisdictions outside the United States can qualify for CLE credit. It is not necessary to return to the United States or to Washington State in order to obtain CLE credits. (ii) In recognition of the potential unavailability, in certain geographical areas, or courses and programs meeting the criteria of Regulation 104, the CLE Board, or its Executive Secretary, may grant approval of courses, offered in such areas, which do not fully meet the standards of Regulation 104 and which, accordingly, would not be approved if offered within the United States. Decisions relative to the approval of such courses are within the discretion of the CLE Board, which shall, among other things, consider the availability of programs in the area involved and the good faith [ 10 ] Washington State Register, Issue 08-15 attempts of the member affected to comply with the requirements of APR 11. (iii) If the foreign location is very remote and removed from reasonable opportunities for attendance at live CLE programs, it is possible to fully comply with CLE requirements by viewing videotapes, listening to audiotapes or by attending informal CLE programs developed and presented by lawyers in the foreign jurisdiction, with approval of the CLE Board. Under any of these circumstances, CLE credits may be awarded on the basis of 1.00 credit per hour. Applications should be made in advance of the activity in question, in order to confirm that CLE credit is available, prior to the commitment of time and resources to the activity. (iv) CLE credit may be given for attending law school courses, including courses offered at the J.D. or advanced education levels based upon actual hours of attendance. Applicants need not take exams to qualify for credit, but must otherwise comply with the applicable regulations of the law school or university involved. (m) (d) Examples of The following activities will that do not qualify for credit: The following types of activities will not be approved for credit: (1) Teaching a legal subject to non-lawyers in an activity or course that would not qualify those attending be approved for CLE credit if taught to lawyers. (2) Programs that are primarily designed to teach attorneys lawyers how to improve market share, attract clients or increase profits will not be approved, unless the program primarily focuses on topic areas that include, but are not limited to, marketing ethics, case law updates, conflicts of interest, or conflicts of law. (3) nor will pPrograms primarily designed to be a sales vehicle for a service or product. While a company which provides services or products to the legal community may wish to participate in or sponsor law office management seminars, those courses will be approved for credit only if there is no discussion or literature promoting that company, other than the biographical material about the speakers, or there is equal treatment in discussion and written materials of alternate vendors of the particular product or service, and the written material does not include prepared promotional literature. (4) (3) Writing for or on behalf of a client, or for the regular practice of law. (5) (4) As a reward for mMeritorious legal work, such as pro bono work, except as provided in Reg. 103(f)(g). (6) Bar review/refresher courses offered in preparation for the Washington State Bar examination. (7) (5) Jury duty. (8) (6) Programs primarily designed to enhance a person's ability to present or prepare a continuing education program will not be approved. (9) Private law firm, corporate legal department, or government agency sponsored courses that are focused directly on a pending case, action or matter being handled by the private law firm, corporate legal department or government agency sponsor. (e) Private Law Firm, Legal Department, and Government Agency Education. In addition to compliance with the requirements of Regulation 104(a) and the limitations WSR 08-13-017 described below, courses presented by Private Law Firms ("Law Firms"), in-house Legal Departments ("Legal Departments"), and federal, state, local, and military agencies and organizations ("Government Agencies") may be approved for credit under the provisions of APR 11 on the following bases: (6) Approval of such courses may be

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