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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.]
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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.
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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
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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
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(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.
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(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.
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(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