FAQs about the 2012 MCLE Regulation Changes

Effective November 1, 2011

OVERVIEW:  The MCLE Board has always considered live interaction with the course presenter(s) 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 which provide simultaneous, live interactivity will be required.  The new MCLE regulations require Active attorneys to attend a minimum of four (4.0) credit hours of live interactive programming.  “Live” programs are defined as courses where there is simultaneous, live interactivity with the course presenter(s) during the program and will include traditional live on-site programs, live presentations delivered via telephone or webcast or other courses which may be developed that include simultaneous, live interaction with the presenter or qualified discussion facilitator during the program.


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

A: No. However, Active members are 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.  Ethics hours may be earned via live or pre-recorded course types.

Q: What types of courses will be considered Live Interactive Programs?      

A: Programs which include real-time 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 may be approved where the attendees and the speaker can interact in real time.

At this time, these will be considered by the Board on a case by case basis.


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 hours used for compliance into the next reporting period?

A: Yes. Of the maximum one year’s requirement (12.0 CLE hours including 2.0 ethics hours and 4.0 live hours) allowed as carryover, up to 8.0 hours (including ethics) may be from pre-recorded programs.  Carryover hours listed under the “Live” column on your report will show up to the minimum requirement of 4.0 live hours.

Q: Will my MCLE record change to reflect the new course designations and hours needed for compliance?

A: Yes. The new MCLE record provides two new columns indicating the course type and the hours applied to the live requirement.  In order to be in compliance your total hours should show at least 12.0 under CLE, 2.0 under Ethics and 4.0 under Live.


QUESTIONS?  CONTACT the MCLE Office at 804-775-0577 or mcle@vsb.org

Updated: Jul 31, 2012