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Effective November 1, 2011 for the compliance year that ends October 31, 2012

OVERVIEW: The Mandatory Continuing Legal Education Board has always considered live interaction with course presenters and other attorneys a valuable educational component. The new regulations recognize the advantages of modern technology in continuing legal education while balancing the benefits of professional interaction. The board has determined that a minimum hourly requirement for courses that provide simultaneous live interactivity will be required. Effective November 1, 2011, for the compliance year that ends October 31, 2012, the new MCLE regulations will require active attorneys to attend a minimum of 4 credit hours of live interactive programming. “Live” programs are defined as courses where there is simultaneous, live interactivity with course presenters during the program and will include traditional live on-site programs, live presentations delivered via telephone or webcast, or other courses that may be developed that include simultaneous, live interaction with the presenter or a qualified discussion facilitator during the program.

What you need to know for 2011 MCLE compliance:

Q:    Will the new regulations affect the 2011 MCLE compliance year that ends October 31, 2011?

A:    No.

Q:    If I am late and have to acquire some of my CLE for the 2011 credit year after October 31, does the new rule apply?

A:    No. All hours earned for 2011 MCLE compliance may be reported as usual without regard to course type. Any hours taken after October 31, 2011, in excess of the hours needed to meet your 2011 requirement will be recorded to your 2012 MCLE record with the course type noted and hours allocated accordingly.

Q:    I have earned more than the required hours for 2011. Will my carryover hours into 2012 be affected?

A:    No. You may carry over up to the maximum of 12.0 CLE hours, of which 2.0 may be in ethics, without limitation. All carryover credits from 2011 will count toward the 2012 live interactive requirement even if they were earned through pre-recorded programs.

What will change beginning November 1, 2011?

Effective starting in the 2012 MCLE compliance year that begins November 1, 2011, pre-recorded programs will be limited to 8.0 hours per compliance year. You will be required to report a minimum of 4.0 CLE credit hours from courses that include simultaneous, live interactivity with the presenter. These hours will be designated on your MCLE record as “Live.”

Q:    Will the total number of CLE and Ethics hours required each period change?

A:    No. However, active members will be required to attend at least 4.0 hours via live interactive programs. Pre-recorded programs will be limited to 8.0 hours per year for compliance.

Q:    Will I be required to attend a traditional live program presented on-site in a group setting?

A:    No. You may attend all of your courses via distance learning modes, as long as at least 4.0 hours are live interactive programs.

Q:    What types of courses will be considered “live interactive programs”?   

A:    Programs that include simultaneous, live interaction with the course presenter will be designated as “Live” on your MCLE record and will include:

• Traditional live programs.
• Programs delivered via telephone or webcast, where there is an opportunity to interact with the speaker in real time during the program. Currently, most live telephone and live webcasts meet the live interactive criteria and can be completed at your desk, requiring no travel time.
• Other courses that may be approved, where the attendees and the speaker can interact in real time. At this time, these will be considered by the MCLE Board on a case-by-case basis.

Q:    May I earn my required ethics hours with pre-recorded programs?

A:    Yes.

Q:    What are the limitations on pre-recorded programs?

A:    For compliance purposes you may only use 8.0 hours from pre-recorded programs to meet your annual MCLE requirement. Also, you may carry over a maximum of 8.0 hours from pre-recorded programs.

Q:    What types of courses will be considered “pre-recorded”?

A:    Pre-recorded programs will be designated on your MCLE record and will include pre-recorded programs provided by any electronic means that do not include simultaneous, live interaction with the presenter. For example:

• On-demand online programs, CD-ROM, Video/DVD and Audio/CD presentations
• Any course where there is no simultaneous, live interactivity with the course presenter

Q:    May I carry over hours earned via pre-recorded programs in excess of the 8.0 hour limitation into the next reporting period?

A:    Yes. Of the 12.0 CLE hours including 2.0 ethics hours allowed as carryover, a maximum of 8.0 hours (including ethics) may be from pre-recorded programs.

Questions? Contact the MCLE Department at (804) 775-0577 or mcle@vsb.org.

 

 

Updated: Jul 22, 2011