MCLE Annual Compliance–General Information and FAQs

MCLE Regulation 108 requires attorneys to complete the annual CLE requirement by October 31 and report all attendance credits by close of business, 4:45 p.m. ET, on December 15. The December 15 reporting deadline applies to all attorneys with a CLE requirement and for all courses attended or taught in the previous CLE period.

Attorneys are mailed an MCLE Form 1 End of Year Report each November to their physical address of record. This report displays each attorney’s individual transcript on the front and includes instructions for reporting on the reverse. A blank form is always available online and on the VSB Portal. Review the information below for guidance on how to meet each of your MCLE deadlines.

On April 26, 2019, the Supreme Court of Virginia adopted an addition to Paragraph 17 of Part Six, Section I of the Rules of Court. Effective July 1, 2019.

Beginning November 1, 2019, each active member of the Virginia State Bar shall certify whether they have attended, within the past three (3) years, at least one (1) credit hour of lawyer well-being education related to the practice of law. Failure to comply with this rule shall not subject the member to the penalties of Paragraph 13.2 of these rules. See Rule 17(C)(4).

Completing Hours for MCLE Compliance – FAQs

How many hours must be completed each year?

All Active and Emeritus attorneys must complete a minimum of 12.0 hours of CLE out of which 2.0 hours must be ethics/professionalism credit and 4.0 hours must be live-interactive credit. Attorneys licensed as Virginia Corporate Counsel are considered Active attorneys and must complete the annual MCLE requirement.

I took more than 12.0 hours. Should I report them?

Yes. You may carryover a year’s worth of CLE credits. Additionally, you will be assessed the late filing fee for reporting hours after the December 15 reporting deadline.

I am not an Active or Emeritus attorney. Do I have a CLE requirement?

No, but you are welcome to take and report CLE to your record.

Can I be administratively suspended for failing to certify attendance at well-being programs?

No, Rule 17(C)(4) states that attorneys who do not certify attendance at well-being programs are not subject to the penalties in Rule 13.2.

I attended a course that is pending approval and it’s almost October 31. How do I count this toward my requirement?

Follow the reporting procedures detailed in the next section for reporting a pending course to your record.

NOTE: We always advise attorneys to complete approved programs close to the October 31 deadline. There is no guarantee that a pending course will be approved for the hours you may need. By completing and reporting approved courses, you meet your requirement timely, and put yourself in a position to accrue carryover credit from other courses that you’ve attended.

What do I do if my certificate of attendance reflects the date I requested the certificate, not the date I completed the program?

You should report the date on your certificate as your completion date. Unfortunately, if you wait until after October 31 to request your certificate, you may be assessed the noncompliance fee. Always follow the CLE provider’s instruction for requesting your certificate of attendance promptly to avoid any confusion or noncompliance with your CLE requirement.

I experienced technical difficulty while attending a program and had to complete it after October 31. Will I be assessed the noncompliance fee?

Yes, all hours must be completed by 11:59 p.m. EST October 31 to meet the course completion deadline. The MCLE Board will not consider technical difficulties or sponsor delays as sufficient cause to grant exceptions to the compliance requirements.

I attended a course which was advertised with incorrect approved CLE hours/delivery format/etc. and now I am behind on my requirement. Will I be assessed the noncompliance fee?

Yes, the MCLE Department is not responsible for the content advertised on CLE sponsor websites especially for courses pending approval. If you are completing courses close to the deadline and have any questions or concerns about whether a program will meet your requirement, we encourage you to contact our office directly to confirm course approval information.

I attended a course and the sponsor is not going to apply for credit on behalf of Virginia attorneys. What do I do?

You may submit an Attorney Application for CLE Course Approval Form 4 to seek credit for the course. However, we always advise attorneys that they should complete approved programs close to the October 31 deadline. There is no guarantee that a course will be approved for the hours you may need. By completing and reporting approved courses, you meet your requirement timely, and put yourself in a position to accrue carryover credit from other courses that you’ve attended.

NOTE: The deadline to submit an attorney application for compliance purposes is February 1. After this date, you need to complete approved programs to fulfill your CLE requirement.

Certifying Hours During Compliance – FAQs

How do I add a course to my record after October 31?

Option 1: Report the course directly to your record using the online certification system. Any course that is approved will have a Virginia course ID number which enables you to report attendance online. This system is open until 4:45 p.m. EST December 15. Courses which generally cannot be reported online (teaching hours, some ABA certificates, etc.) should be attached to the MCLE Form 1 End of Year Report and mailed or emailed to our office for posting.

Option 2: Attach your paperwork to the MCLE Form 1 End of Year Report and mail your paperwork to the MCLE Department for processing. Be sure to allow sufficient lead time or use an express mail service when meeting the MCLE deadlines. Check your online record to ensure receipt and proper posting of your submission.

What action do I take when I receive the MCLE Form 1 End of Year Report?

Always review your online record for the most up-to-date information first. If your online record displays all courses completed during the CLE period and the information is accurate, simply keep the Form 1 for your records. Forms do not need to be returned to our office if you do not have any changes to make to your record.

If any information is inaccurate or missing, make corrections or report additional courses via the Form 1.

I am Virginia Corporate Counsel but work remotely so I may not receive my Form 1. What do I do?

Unfortunately, Form 1s must be mailed to the address of record, so you may need to coordinate with your office to ensure you receive your physical copy. Additionally, you have access to your online record which is the same information included on the Form 1. Review it periodically to ensure you are making progress on your requirement and have reported all CLE credits by December 15.

What if I attended a course but I don’t have the certificate of attendance?

Contact the CLE provider immediately to request your Virginia certificate of attendance. Then report the course to your record using the online certification system.

I attended a course which is pending approval in Virginia. How do I report this to my record?

Use the MCLE Form 1 End of Year Report to report any course pending approval. If the sponsor provided you a certificate of completion, attach it to the form. If not, write all course information on the front of the report and return to the MCLE Department. Forms must be received by 4:45 p.m. EST December 15. Mail to the address at the top of the report.

I’ve met my annual requirement, but I’ve attended and/or taught courses currently pending approval. Do I need to use the Form 1 to report this information?

Yes. The reporting deadline applies to all attorneys and for all hours completed or taught in the previous CLE period. The $100 late filing fee will be required to report a course which was not previously reported using the Form 1 even if you have met the 12.0 hour requirement.

All of my courses are listed, but I’ve reported an incorrect date or number of credit hours. How do I correct this?

Use the Form 1 to make any correction to your CLE record. Attach certificate(s) of attendance for any course(s) you needed corrected on your record. Form 1s with corrections must be received by 4:45 p.m. EST December 15.

I’ve completed approved programs, but the sponsor indicated it may be several days or weeks before I am able to receive my certificate. How do I report these hours?

Use the Form 1 to report your attendance at any approved program that cannot be reported directly to your record online. Write all course information on the front of the report and return to our office to be received no later than 4:45 p.m. EST December 15.

How do I reinstate from an administrative suspension for not meeting the annual MCLE requirements?

If your license is suspended for not completing and/or paying MCLE delinquency fees you will need to do the following.

Pay any outstanding MCLE delinquency fees and the MCLE Reinstatement fee. Attorneys who have previously received administrative suspensions for MCLE noncompliance will also be assessed a $50 Additional Reinstatement fee for each prior suspension (not to exceed $500).
Report any remaining CLE hours to fulfill the requirement.

Once all hours are reported and fees are paid, your license will be reinstated.