MCLE Opinions 1-7

RULINGS AND OPINIONS OF THE VIRGINIA MANDATORY CONTINUING LEGAL EDUCATION BOARD

MCLE OPINIONS 1, 2, 3, 5, 6, & 7 WAIVERS

MCLE OPINION #1 - WAIVERS

The board will not grant a waiver of the MCLE requirements based on representations that a medical condition makes attendance only difficult or "uncomfortable." In conjunction, the board will be disinclined to grant such a waiver to the extent a member is still engaged in the active practice of law. [Paragraph 17E(2) of Section IV, Part Six, Rules of the Supreme Court of Virginia and MCLE Regulations 110C].

7/28/86

MCLE OPINION #2 - WAIVERS

The board will not grant a waiver of the MCLE requirements based on representations only that a member is outside the United States. A member must show that there are no approvable courses (live or recorded) available and that it is impossible for the member to travel to a place where courses are available. [Paragraph 17E(2) of Section IV, Part Six, Rules of the Supreme Court of Virginia and MCLE Regulation 110C].

7/28/86

MCLE OPINION #3 - WAIVERS

The board will not grant a waiver of the MCLE requirements based on combined representations of the following:

1. The member finds it "most difficult" to find the time and money to attend CLE; and

2. The member observes other attorneys in practice which the member believes should substitute for CLE courses.

[Paragraph 17E(2) of Section IV, Part Six, Rules of the Supreme Court of Virginia and MCLE Regulation 110C].

7/28/86

MCLE OPINION #5 - WAIVERS

The board will not grant a waiver of the Mandatory CLE requirements on the representations that a regularly admitted member practices patent, trademark and copyright law exclusively in federal court. Only those members admitted solely for practice in patent, trademark, copyright and unfair competition law under Virginia Code ¤ 54-42.1(2a) are exempt. [Paragraphs 17C(1) and 17E(3) of Section IV, Part Six, of the Virginia Supreme Court and MCLE Board Regulation and 101 and 110(b)].

9/8/86

MCLE OPINION #6 - WAIVERS

The board will not grant a waiver of the Mandatory CLE requirements based on a representation only that a member is in advanced years (85). [Paragraph 17E(2) of Section IV, Part Six, Rules of the Virginia Supreme Court and MCLE Board Regulation 110(c)].

9/8/86

MCLE OPINION #7 - WAIVERS

The board will not grant a waiver of the Mandatory CLE requirements based on the representation only that a member is out-of-state and does not plan to practice in Virginia. An active member in this situation could become an associate member. [Paragraphs 17E(2) and 3(a) & (b), of Section IV, Part Six, Rules of the Virginia Supreme Court and the MCLE Regulations 101(c) and 110(c)].

9/8/86

Updated: Jul 27, 2006