RULES OF COURT
IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 11.1-11.7 - CONTINUING LEGAL EDUCATION AND APPENDIX A REGULATIONS 101 THROUGH 112 | ) ) ) ) ) |
ORDER NO. 25700-A-893 |
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. |
Stephens, J. |
RULE 11.1
PURPOSE
[Adopted effective January 1, 1977; amended effective May 2,
2000.]
EDUCATIONAL REQUIREMENT
(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 self-study, 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.
[Amended effective September 1, 1992; September 1, 1995; May
2, 2000.]
BOARD OF MANDATORY CONTINUING LEGAL EDUCATION
[Adopted effective January 1, 1977; amended effective May 2,
2000.]
POWERS OF THE MCLE BOARD OF CONTINUING LEGAL EDUCATION
(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.
[Adopted effective January 1, 1977; amended effective May 2,
2000.]
EXPENSES OF THE CLE MCLE BOARD
[Amended effective May 2, 2000.]
REPORTS AND ENFORCEMENT
(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.
(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
forty-five 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 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).]
(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.
[Amended effective May 14, 1982; September 1, 1992; January 1,
2001.]
CONFIDENTIALITY
[Adopted effective January 1, 1977; amended effective May 14,
1982; May 2, 2000.]
WASHINGTON STATE BOARD OF MANDATORY CONTINUING LEGAL EDUCATION BOARD
Approved as Amended by the Board of Governors and Supreme Court
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.
(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.
(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-for-profit 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. Continuing Legal Education Requirement
(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.
(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.
[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 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 non-members 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 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, religion, 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
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 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 one-third
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.
[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.
(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 audio-only
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
self-study 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;,
(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
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 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
lawyer-client 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 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
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 granted only on a case by case basis. Accredited Sponsor status (as set forth in Regulation 106) will not be available for Law Firm, Legal Department, or Government Agency sponsors. The CLE Board may, however, consider the sponsoring organization's experience in presenting similar programs.
(i) If a Private Legal Sponsor contracts with an outside CLE provider to present a CLE, then the Private Legal Sponsor must register as the sponsor of the CLE program. The outside CLE provider is not the sponsor in this situation.
(ii) Nothing herein, however, shall be construed to prohibit or discourage Private Legal Sponsors 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 Legal Sponsors.
(2) All information called for by Form 1, including a complete course schedule with time allocations, must be submitted at least thirty (30) days prior to the date scheduled for the class. High quality written materials are required and should be distributed to all attendees at or before the time the course is presented. A critique form or evaluation sheet and an attendance sheet, which attendees will complete, must be submitted to the CLE Board within 30 days after the program.
(3) The course must be attended by five (5) or more lawyers admitted to any Bar Association, excluding the instructors.
(4) Courses sponsored by Private Legal Sponsors may be open or closed to non-members of the Private Legal Sponsor provided that notice of such courses shall be published on the WSBA's MCLE web page.
(5) Marketing of the Private Legal Sponsor in any manner is not permitted including but not limited to the display of brochures, pamphlets or other Private Legal Sponsor advertising. Persons or organizations may not state or imply that the WSBA or the CLE Board approves or endorses any person or organization.
(6) No course provided by a Private Legal Sponsor shall focus directly or indirectly on a pending case, action or matter being handled by the Private Legal Sponsor.
(7) Additional regulations pertaining to Law Firms:
(i) No course provided by a Law Firm shall be paid for or in any way underwritten in whole or part, directly or indirectly by a client or prospective or former client of the Law Firm.
(ii) Members shall be entitled to a maximum of fifteen (15) credit hours in any reporting period for courses provided by a Law Firm.
(8) Additional regulation pertaining to Legal Departments - Members shall be entitled to a maximum of fifteen (15) credit hours in any reporting period for courses provided by a legal Department.
(9) Additional regulation pertaining to Government Agencies - If a course is closed, any written materials need to be made available to any inquirer.
[Regulation 104 adopted effective July 26, 1995; amended
effective May 2, 2000; July 11, 2000; March 30, 2004; amended
effective November 8, 2005.]
Regulation 1045. Procedure Applying for Approval
Accreditation of Continuing Legal Education an Activityies.
Subject to the requirements and restrictions of APR 11 and
these regulations, sponsoring organizations or individual
lawyers may apply for accreditation of an activity. The MCLE
Board, with the approval of the WSBA Board of Governors, may
adopt and assess a fee on sponsoring organizations or
individuals for the purpose of defraying the costs of
processing applications for accreditation of courses or
activities.
(a) Application by sponsor.
(1) Submitting Form 1. An active member or sponsoring
organization desiring approval may apply for accreditation of
a continuing legal education course or activity shall by
submitting a completed Form 1 to the WSBA MCLE Board staff,
together with payment of the required fee, if any all
information called for by Form No. 1.
(2) Private law firm and corporate legal department sponsors. Private law firms and corporate legal departments must:
(A) Register as the sponsor of a course if they either present the course or contract with an outside CLE provider to present the course.
(B) Submit completed Form 1s by no later than 14 days before the first presentation day of the activity. Failure to submit the Form 1 at least 14 days in advance of the activity may result in imposition of a late fee and/or denial of accreditation for the activity.
(3) Government sponsors. Government sponsors must:
(A) Register as the sponsor of a course if they either present the course or contract with an outside CLE provider to present the course;
(B) Submit completed Form 1s by no later than 14 days before the first presentation day of the activity. Failure to submit the Form 1 at least 14 days in advance of an activity may result in imposition of a late fee and/or denial of the accreditation of the activity; and
(C) If a closed course cannot be audited by the MCLE Board or its designees due to confidentiality rules or regulations, this must be stated on the Form 1.
(4) Accreditation of same course. A sponsor may apply for accreditation of a course that is the same as an accredited course presented by that sponsor within 12 months from the original date of accreditation, by creating a duplicate Form 1 on the MCLE website or submitting a paper Form 1 for each subsequent presentation. Such duplicate or paper Form 1s must be submitted by no later than one day before the subsequent presentation of the previously approved activity.
(b) Approval shall be granted or denied in accordance
with the provisions of Regulation 108 herein.
(5) (c) Accreditation statement in brochures. If As to a
course that has been approved and accredited within the last
twelve months, the sponsoring organization may announce, in
informational brochures and/or registration materials: "This
course has been approved for ______ hours of Washington MCLE
credit, including _____ hours of ethics/professionalism
credit."
(6) Reporting attendance. After the conclusion of the presentation of a course, the sponsor must submit an attendance report showing the actual attendance time of each lawyer, either through the MCLE website or by submitting it to the Executive Secretary, within 30 days after the program.
(b) Application by individual lawyer.
(1) Submitting Form 1. A lawyer may apply to receive credit for a continuing legal education course or activity by submitting a completed Form 1 to the WSBA MCLE staff for that activity, along with any other materials or information required by these regulations or requested by the WSBA MCLE staff, the Executive Secretary, or the MCLE Board.
(2) No individual application for private law firm or corporate legal department sponsored course. A lawyer who is associated with or employed by a private law firm or corporate legal department that maintains an office within Washington State may not apply to receive credit for a continuing legal education course sponsored by that private law firm or corporate legal department for which the sponsor did not submit a completed Form 1.
(3) Individual lawyer as sponsor. A lawyer who is the sponsor of a CLE program must submit a Form 1 as a sponsor, not as an individual lawyer, and follow all rules and regulations applicable to sponsors.
(d) The CLE Board may establish and assess sponsoring
organizations or individuals a fee for the purpose of
defraying the costs of processing applications for
accreditation of courses submitted for CLE credit, such fee to
be established from time to time by the CLE Board and_approved
by the Board of Governors.
[Regulation 105 amended effective May 2, 2000.]
Regulation 1056. Accreditedation of Sponsorsing
Organizations
(a) General provisions. The Executive Secretary CLE
Board may extend approveal to a sponsoring organizations as
for all of the continuing legal education activities sponsored
by such organization which conform to Regulation 104. A
sponsoring agency to which such general approval has been
extended shall be known as an "accredited sponsors". The
following apply to all accredited sponsors:
(1) Accredited sponsors are not required to seek approval for individual courses that they sponsor.
(2) All courses sponsored by an accredited sponsor and in compliance with APR 11 and these regulations are considered approved by the MCLE Board, subject to review by the MCLE Board.
(3) For any course it is sponsoring, an accredited sponsor may state the following (or something substantially similar) in the promotional or registration materials: This activity has been approved for Washington State MCLE credit in the amount of ____ hours (of which ____ hours will apply to ethics credit requirements).
(4) Approval of a course and/or the award of credits made by an accredited sponsor may be reviewed at any time, and accepted or rejected by the MCLE Board, Executive Secretary, and/or WSBA MCLE staff, based on the course's conformance to Regulation 102.
(5) The MCLE Board may set and assess fees and fines, or revoke an organization's accredited sponsor status, for repeated failure to correctly award credit for courses, failure to pay the annual accredited sponsor fee, or for failure to comply with accredited sponsor reporting or other requirements.
(6) Except as specified in this regulation, an accredited sponsor shall continue to be subject to and governed by all provisions of APR 11 and these regulations.
(b) Duties of accredited sponsors. Any sponsoring
organization desiring to apply for status that is approved as
an accredited sponsor must: shall submit to the CLE Board all
information called for in the form required by the Board.
Accreditation shall be granted or denied in accordance with
the provisions of Regulation 108. A primary consideration in
the evaluation of such a request for status as an accredited
sponsor shall be the previous experience of the organization
in sponsoring and presenting continuing legal education
activities. A reasonable fee may be assessed by the CLE
Board, with approval of the Board of Governors, with regard to
the application. A private law firm shall not qualify for
accredited sponsor status.
(c) Once a sponsoring organization has been granted the status of an accredited sponsor, it is not required to seek approval for individual educational activities sponsored while an accredited sponsor. Accredited sponsors
(1)(i) Accurately Shall be responsible for calculateing
the number of credits hours to be awarded for each course, by
applying the provisions of Regulations 102 and 103.
(2) Submit an accurately completed electronic Form 1 for a course at least one day prior to presentation of the live course or one day prior to making a pre-recorded course available to lawyers.
(3) Keep accurate attendance records for each live course and retain them for six years. An attendance report showing the actual attendance of each lawyer must be submitted through the MCLE website within 30 days of completion of the course.
(4) Provide a critique form or evaluation sheet to all live course attendees. The accredited sponsor must retain the completed forms, or a compilation of all numerical ratings and comments, for two years and provide copies to the MCLE Board upon request.
(5) Demonstrate a continuing ability to provide high-quality continuing legal education activities and to correctly determine credit awards for those activities.
(6) (ii) Shall be responsible for reporting those
determinations to the CLE Board prior to the event in such
manner as the CLE Board determines.
(iii) Are entitled to include in any materials which promote such activity, language that indicates the activity has been approved for Washington State MCLE credit in the amount of ____ hours (of which ____ hours will apply to ethics credit requirements).
(d) The CLE Board may set fees and fines for faiure to comply with accredited sponsor reporting requirements, including revocation of the accredited sponsor status.
(e) A sponsoring organization which has been granted the status of an accredited sponsor shall, except as otherwise provided in this Regulation 106, continue to be subject to and governed by all provisions of APR 11 and these Regulations.
(f) A sponsoring organization which has been granted the
status of accredited sponsor shall provide the CLE Board aAt
least yearly annually, provide to the MCLE Board with a list
of all its course offerings, identifying the number of lawyers
attorneys and non-lawyers attorneys attending each program,
and providing any such additional information required by as
the MCLE Board may require. The sponsoring organization shall
also solicit critiques or evaluations from participants at
each program, retain copies, and provide them to the CLE Board
upon request. The CLE Board may, upon review of such
information, advise the organization that its manner of
compliance is improper, and may terminate the organization's
status as an accredited sponsor for future offerings.
(7) Pay any required annual accredited sponsor fee.
(8) Permit course audits by the MCLE Board or its designees at no charge.
(9) For any pre-recorded programs not originally offered as a live program by the sponsor, the sponsor must:
(A) Review the content and materials of each such course; and
(B) Ensure that the course is in compliance with all provisions of APR 11 and these regulations.
(c) Applying to become an accredited sponsor.
(1) To apply to become an accredited sponsor, an organization must:
(A) Submit a completed application form and all required documentation, in the required format, to the Executive Secretary, along with payment of any required fee; and
(B) Provide proof to the Executive Secretary that the sponsoring organization has at least three years of previous experience in sponsoring and presenting at least 30 unique continuing legal education activities a year, and that the organization can correctly apply APR 11 and these regulations to determine and award credit for such activities; and
(C) Provide on request information about 10 courses from the previous three years, selected by the Executive Secretary, for evaluation of course content and attendee evaluations.
(2) No private law firm or corporate legal department may be an accredited sponsor.
(3) A request for accredited sponsor status shall be granted or denied by the Executive Secretary after consideration of the application and other materials submitted.
(4) An adverse determination by the Executive Secretary regarding an application for accredited sponsor status may be appealed to the MCLE Board for a final review and decision on the application in a manner consistent with the provisions of Regulation 106.(c).
[Regulation 106 amended effective May 2, 2000; amended
effective November 8, 2005.]
Regulation 1067. Delegation by MCLE Board and Executive
Secretary
(a) To committees: The MCLE Board may delegate tasks and
duties to committees for the purpose of administering and
enforcing APR 11 and these regulations.
(b) To Executive Secretary.
(1) Subject to review by the MCLE Board, To facilitate
the orderly and prompt administration of APR 11 and these
Regulations, and to expedite the processes of, inter alia,
course approval, sponsor accreditation and the interpretation
of these Regulations, the Executive Secretary is authorized to
may act on behalf of the MCLE Board, in reviewing, granting or
denying applications for accreditation of continuing legal
education activities or applications for accredited legal
sponsor status, ensuring compliance with reporting and other
requirements and regulations, granting or denying petitions
for waivers or for extension of time deadlines, and in
providing interpretations of APR 11 and these regulations.
The Executive Secretary may delegate to WSBA MCLE staff such
of these duties and responsibilities as may be appropriate for
timely and orderly administration of the Board's work, subject
to review by the Executive Secretary and MCLE Board. pursuant
to delegated authority from the Board, under APR 11 and these
Regulations. Any adverse determinations and all questions of
interpretation of these Regulations or APR 11 by the Executive
Secretary shall be subject to review by the CLE Board upon
written application by the person adversely affected.
(b) The CLE Board may organize itself into committees for the purpose of considering and deciding matters arising under APR 11 and these Regulations.
[Regulation 107 amended effective May 2, 2000.]
Regulation 108. Executive Secretary's Determinations and
Review
(2) (a) Pursuant to guidelines established by the MCLE
Board, the Executive Secretary shall provide a written
description of any action taken, in response to written
requests for approval of courses or accreditation of sponsors,
awarding of credit for attending, teaching or participating in
approved courses, writing and editing, waivers, extensions of
time deadlines and interpretations of APR 11 and these
rRegulations., make a written response describing the action
taken. The Executive Secretary may seek a determination of
the Board before making such response.
(3) Upon request by At each meeting of the MCLE Board,
the Executive Secretary shall report on all determinations
made since the last meeting of the MCLE Board.
(c) (b) Review of Executive Secretary's actions.
(1) Any person or organization affected by The CLE Board
shall review any appeals of adverse determinations or any
question of interpretation of these regulations or APR 11 made
by the Executive Secretary or his or her delegate may seek
MCLE Board review by filing a written petition.
(2) The petitioning active member person or the
sponsoring organization affected may present information to
the MCLE Board in writing or in person or both.
(3) If tThe MCLE Board shall review petitions for review
of adverse determinations made by the Executive Secretary.
(4) The MCLE Board finds that the Executive Secretary has
incorrectly interpreted the facts, the provisions of APR 11,
or the provisions of these Regulations, it may take such
appropriate action as may be appropriate after review of a
petition and any other relevant information presented to it,
and the. The CLE Board shall advise the active affected
person member or sponsoring organization affected in writing
of its findings and any action taken.
[Regulation 108 amended effective May 2, 2000.]
Regulation 109. Submission of Information _ Credit for
Teaching or Participating
An active member who seeks credit for teaching or
participating in an approved continuing legal education
activity shall report additional credits pursuant to
Regulation 103(d) in the member's CLE certification every
three years.
[Regulation 109 amended effective May 2, 2000.]
Regulation 10710. Exemptions, Waivers, Modifications
(a) Undue hardship, age, or disability. As a general
proposition, aAll active members of the Bar Association WSBA
and other lawyers as established from time to time by the APRs
or these regulations, are required to comply with the
provisions of APR 11 and these regulations. The alternative
to compliance is transfer to inactive status. The MCLE Board
may grant extensions, waivers or modifications of the time
deadlines or education requirements because of undue hardship,
age, or disability of a lawyer. specified in APR 11 and these
Regulations Applications for extensions, waivers or
modifications shall be made in writing and supported by a
sworn statement in the form of an affidavit or declaration.
(b) Undue Hardship, Age, or Disability. Exemptions from
the continuing legal education requirement, or waivers, or
modifications of such requirement, based upon undue hardship,
age or disability should be granted only sparingly. All
applications for exemptions, waivers and modifications shall
be retained by the MCLE Board.
(1) Applications for extensions, waivers or modifications must be made in writing and supported by a sworn statement in the form of an affidavit or declaration.
(2) Consequently, before the CLE Board will consider
granting an application for exemption, waiver or modification
based upon these grounds, tThe applicant must establish to the
satisfaction of the MCLE Board that (1) such condition of
undue hardship, age, or disability warrants granting an
exemption, waiver, or modification.;
(3) and (2) the applicant has not been in and will not be
engaged in the unsupervised practice of law during the
relevant period.
An application for exemption, waiver, or modification,
including the sworn statement in support thereof, shall must
be filed for each reporting period for which the exemption,
waiver or modification is sought and shall be retained in the
files of the CLE Board.
(4) Neither a lawyer's status with the WSBA, nor the
lawyer's other duties and obligations as established by the
WSBA bylaws or by court rules and regulations, are affected by
the Individuals grantinged of an exemption, waiver, or
modification from of the continuing legal education
requirements under this regulation. on the above-stated basis
may continue to hold the status of active member of the Bar
Association. The granting of such an exemption does not, in
any way, affect or diminish active member's duties and
obligations as established by the bylaws, rules and
regulations of the Bar Association or the Supreme Court.
(5) The MCLE Board may revoke an Eexemptions, waivers, or
modification from the continuing legal education requirements
may be revoked by the CLE Board upon if there is a change in
the facts or circumstances upon which such exemption, waiver,
or modification was granted.
(b) (c) Judicial exemption Status.
(1) Full time. Full-time judges, magistrates, court
commissioners, administrative law judges, and the Washington
State Supreme Court clerk or assistant clerk members of the
judiciary, who are prohibited by statute, code, regulation, or
court rule from practicing law, are exempt from the continuing
legal education requirement established by APR 11. The
exemption ends when the full-time judicial position ends, if
the member is on active status with the WSBA.
(2) Part time. Part-time or pro- tem judges,
magistrates, court commissioners, administrative law judges,
and court clerks who are active members of the WSBA Bar
Association, are fully subject to the requirements of APR 11.
Judges who have been exempt, upon return to active
membership status, are fully subject to the continuing legal
education requirements during the year in which they return to
practice.
(c) (d) Legislative Status and gubernatorial exemption.
(1) Active WSBA Mmembers otherwise subject to the
continuing legal education requirements of APR 11, who are
also members of the Washington State Congressional Delegation
and or Mmembers of the Washington State Legislature, or who
are currently serving as the Governor of Washington State
otherwise subject to the continuing legal education
requirements of APR 11 as active members of the Bar
Association, are specifically exempted, during terms of office
and while otherwise members in good standing of the Bar
Association, from the requirements of APR 11 for the reporting
period(s) during which they are in office.
(2) This exemption applies only to the members of the
Washington State Congressional Delegation, and to members of
the Washington State Legislature, under the terms and
conditions stated above. The exemption does not apply extend
to active lawyers members who are of the Bar Association:
(A) (1) sServing in the legislature of any other state;
(B) (2) sServing in the administrative branch of any
state government; or
(C) (3) sServing on the staff of any member of the
Washington State Congressional Delegation or the Washington
State Legislature, or the Washington State Governor.
(d) Active military duty. Active lawyers who are employed in the armed forces of the United States may be granted an exemption, waiver, or modification of the continuing legal education requirement established by APR 11, upon proof of undue hardship.
(e) No exemption for Aactive lawyers members living
outside the United States. Active lawyers members of the Bar
Association who live or are employed outside the United States
are required to comply with the continuing legal education
requirements of APR 11, unless they otherwise qualify under
these regulations for an exemption for a different reason. as
provided for in Reg. 104 (c)(6), or to transfer to inactive
status until such time as compliance can be attained.
(f) Active Military Duty. Members employed by the
military may be granted an exemption, waiver, or modification
upon proof of undue hardship.
[Regulation 110 amended effective August 3, 2004]
Regulation 108. Reinstatement of Continuing Education
Requirements.
(a) A lawyer who was not required to comply with the
education or reporting requirements of APR 11 and these
regulations for any reason, who returns to being subject to
those requirements, retains the lawyer's original assigned
reporting group (Group 1, 2, or 3), and is subject to the
requirements immediately.
(b) Reinstatement is conditioned on compliance with the reinstatement requirements of the WSBA Bylaws.
Regulation 111. Noncompliance: Board Procedures
An active member who has not complied with the educational or reporting requirements of APR 11 and these Regulations by May 1 of each calendar year, may be ordered suspended from the practice of law by the Supreme Court pending compliance with APR 11.
To effect such removal, the CLE Board shall send to the non-complying active member, by certified mail directed to the member's last known address as maintained on the records of the Washington State Bar Association, a written notice of non-compliance advising such active member of the pendency of suspension proceedings unless within ten (10) days of receipt of such notice such active member completes and returns to the CLE Board an accompanying form of petition, which may itself be accompanied by supportive affidavit(s), in support of a request for extension of time for, or waiver of, compliance with the requirements of APR 11 and these Regulations or for a ruling by the CLE Board of substantial compliance with said requirements.
(a) If such petition is not so filed, such lack of action shall be deemed acquiescence by the active member in the finding of non-compliance. The CLE Board shall, pursuant to APR 11.6 (c)(1), report such fact to the Supreme Court with the CLE Board's recommendations for appropriate action. The Supreme Court shall enter such order as it deems appropriate.
(b) If such petition be so filed, the CLE Board may, in its discretion, approve the same without hearing, or may enter into an agreement on terms with such active member as to time and other requirements for achieving compliance with APR 11 and these Regulations.
(c) If the CLE Board does not so approve such petition or enter into such agreement, the CLE Board shall hold a hearing upon the petition and shall give the active member at least ten (10) days notice of the time and place thereof. Such hearing shall be conducted in accordance with APR 11.6 (c)(3). At the discretion of the chairperson, the hearing may be held before the entire Board or before a committee thereof. A full stenographic or tape record of the hearing may be taken at the request and expense of the active member affected. Testimony taken at the hearing shall be under oath and the oath shall be administered by the chairperson. The CLE Board or committee thereof may admit any relevant evidence, including hearsay evidence. As to each such petition and hearing, the CLE Board or committee thereof shall enter written findings of fact and an appropriate order, a copy of which shall be transmitted by certified mail to the active member affected at the address of such member on file with the Washington State Bar Association. Any such order shall be final and, in case of an adverse determination, shall be transmitted to the Supreme Court unless within ten (10) days from the date thereof the active member shall file a written appeal of the CLE Board's decision to the Supreme Court.
[Regulation 111 amended effective May 2, 2000.]
Regulation 112. Appeal
(a) Appeal to Supreme Court. An adverse decision of the
CLE Board may be appealed, by the active member affected, to
the Supreme Court in accordance with the applicable provisions
of APR 11.6. As to such appeals, the CLE Board shall be
represented by its chairperson, such other member of the CLE
Board as shall be designated by the chairperson, or by the
Executive Secretary, or other counsel designated by the
chairperson.
[Regulation 112 amended effective May 2, 2000.]
Regulation 113. Reinstatement of Members Who Voluntarily
Transferred to Inactive Status
(a) A person who transferred to inactive status while in
full compliance with APR 11 and who desires reinstatement to
active status must comply with the applicable bylaws and
procedures of the Washington State Bar Association pertaining
to such change of membership status, including the filing of
an application with the Board of Governors of the Bar
Association in such form as is prescribed by the Board of
Governors. The Board of Governors shall determine whether
such application shall be granted and compliance with APR 11
and these Regulations is only one factor pertaining to such
determination. Upon reinstatement to active status, if the
person missed a reporting period during the time he or she was
on inactive status, the person must report 15.00 credit hours
per year since the person last reported credits.
(b) An active member who voluntarily transfers to inactive status when he or she has not complied with APR 11 and its Regulations, must make up any deficiency remaining at the time of the transfer to inactive status, complete an additional 15.00 credit hours for each year following the transfer to inactive status, and fully comply with the provisions of APR 11 and these Regulations before he or she can be reinstated as an active member.
(1) Upon compliance with the immediately preceding provision of this Regulation, the CLE Board shall notify the Board of Governors of the Bar Association that the inactive member has satisfied the minimum continuing legal education requirements of APR 11 and these Regulations. A copy of that notification shall be sent to the inactive member.
(2) Once notification of compliance has been received, the inactive member may seek reinstatement pursuant to Regulation 114(a).
(c) A person who has been transferred from inactive to active status by the Board of Governors shall, immediately upon transfer, be subject to the provisions of APR 11 and these Regulations as any other active member of the Bar Association.
(d) The reinstated member retains the original reporting period to which he or she was initially admitted to the Bar Association.
(e) An inactive member who is reinstated to active status in the second or third year of the member's assigned group reporting period will be required to report 15.00 credits per year of active status within the reporting period, i.e. second year reinstatement - 30.00 credits; third year reinstatement - 15.00 credits. These credits must be reported at the end of the reporting period.
[Regulation 113 amended effective May 2, 2000.]
Regulation 10914. Reinstatement of Lawyers Members
Suspended from Practice for Failure to Comply with APR 11
(a) To be reinstated to active status with the WSBA after
being An active member who, pursuant to APR 11.6(c) - (g),
Regulation 112 or 113, is suspended from practice for failure
to comply with APR 11 and its Rregulations, a lawyer must:
(1) File a completed application to return to active status with the WSBA, together with any required application fee;
(2) mMake up the any deficiency and fully comply with the
provisions APR 11 and these Rregulations before he or she can
be reinstated as an active member.;
(3) Pay all required fees, late fees, and/or penalties; and
(4) Fully comply with any additional requirements imposed by the Admission to Practice Rules or the WSBA Bylaws.
(b) Once a suspended lawyer member has complied with the
immediately preceding provisions of this Regulation 109(a),
the MCLE Board shall recommend to notify the Supreme Court
that the suspended member lawyer be reinstated to active
status, and refer the matter to the Supreme Court for entry of
an appropriate order. has satisfied the requirements of APR 11
and these Regulations. A copy of that notification shall be
sent to the suspended member.
(c) Once the Supreme Court has reinstated the suspended
member, the reinstated member shall be subject to all
provisions of APR 11 and its regulations and retains the
original reporting period to which he or she was initially
admitted to the Bar.
(d) A suspended member who is reinstated to active status in the second or third year of the member's assigned group reporting period will be required to report 15.00 credits per year of active status within the reporting period, i.e. second year reinstatement - 30.00 credits; third year reinstatement - 15.00 credits. These credits must be reported at the end of the reporting period.
[Regulation 114 amended effective May 2, 2000.]
Regulation 11015. Rulemaking Authority
(a) The MCLE Board, subject to the approval of the Board
of Governors and the Supreme Court, has continuing authority
to make Rregulations consistent with APR 11 in furtherance of
the development and regulation of continuing legal education
for Washington attorneys and the regulation thereof lawyers.
(b) The MCLE Board may adopt policies, consistent with
these regulations, to provide guidance in the administration
of these regulations and APR 11. The MCLE Board will notify
the Board of Governors of any policies that which it adopts.
The Board of Governors will review any such policies at their
next_regularly scheduled meeting. Unless the Board of
Governors objects, such policiesy will become effective 60
days after promulgation by the MCLE Board
(c) Subject to approval by the WSBA Board of Governors, the MCLE Board may adopt and assess any fees that may be required to timely and appropriately administer APR 11 and these regulations, as well as to offset the reasonably necessary costs of all functions under APR 11 and these regulations that are performed by the MCLE Board and its designees.
[Regulation 115 amended effective May 2, 2000.]
Regulation 1116. Confidentiality
The files and records of the MCLE Board and/or the WSBA,
as they may relatinge to or arisinge out of any lawyer's
failure of a member of the Washington State Bar Association to
satisfy comply with the continuing legal education
requirements of APR 11 and these Rregulations, shall be deemed
are confidential. Such records and shall not be disclosed
except in furtherance of the MCLE Board's or WSBA's duties, or
upon the affected lawyer's request of the member affected, the
Supreme Court's direction, or pursuant to a proper subpoena
duces tecum, or as directed by the Supreme Court.
[Regulation 116 amended effective May 2, 2000.]
Regulation 1127. Out-of-Sstate Compliance
(a) The MCLE Board has determined that the Mandatory
Continuing Legal Education requirements in Oregon, Idaho, and
Utah substantially meet Washington's continuing legal
education requirements. These states are designated as comity
states.
(b) An active member lawyer whose principal office for
the practice of law place of business is not in the State of
Washington may comply with these rules and regulations by
filing a certificate of compliance report from a comity state
MCLE office as required by APR 11.6(b) in which the member
that certifies that the member lawyer is subject to the MCLE
Rrequirements of that other jurisdiction and that the member
has complied with that other jurisdiction's the MCLE
Rrequirements of that jurisdiction during the member's
lawyer's reporting period, provided that the CLE Board has
determined that the requirements established by these rule are
substantially met by the requirements of the other
jurisdiction.
(b) The CLE Board has determined that the Continuing
Legal Education requirements in Washington are substantially
met by the Continuing Legal Education requirements of the
following other jurisdictions: Oregon, Idaho, and Utah.
[Regulation 117 amended effective May 2, 2000.]
Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.