The changes would increase the MCLE competency requirement, add requirements on technology in law practice and civility, and allow credit for certain activities. The proposed changes would not increase the total hours required under MCLE rules.
Deadline: March 1, 2023, 11:59 p.m.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
The State Bar establishes and administers the MCLE program for attorneys licensed in California. Currently, licensees must complete 25 hours of legal education every three years, including at least four hours of legal ethics; two hours dealing with the recognition and elimination of bias, including one hour devoted to implicit bias; and one hour of “education addressing substance abuse or other mental or physical issues that impair a licensees’ ability to perform legal service with competence.”
Requests from several sources prompted staff to do a comprehensive review of the MCLE requirements, including the San Diego County Bar Association, the California Civility Task Force, and numerous other stakeholders seeking credit for participation in mock trial activities. Research from other states and current California MCLE providers, as well other jurisdictions’ requirements informed this proposal.
The State Bar also administers the system for approving the activities of MCLE providers. As part of the comprehensive review of the MCLE rules, staff also reviewed and provided recommended changes to the provider-related rules that would improve the administration of the program, increase efficiency, reduce duplicative language in the rules, and facilitate compliance by attorneys and providers.
Staff recommends revising rule 2.72 of the Rules of the State Bar to add two additional subfield requirements, technology in the practice of law and civility in the legal profession. The proposed amendments would also expand the competence subfield to require an additional hour and expand the topics that would qualify. One hour of the competence requirements would remain focused on prevention and detection education. The new second hour would allow for credit in broader competence-related topics, including physical and mental wellness and wellbeing or stress management as part of a new “wellness competence” credit, so long as the activity addresses the topics in the context of the practice of law and the impact these issues can have on an attorney’s ability to perform legal services with competence.
Proposed State Bar rule 2.84 would allow attorneys to receive MCLE credit for coaching students, servings as an attorney scorer, and/or presiding as judge over mock trial and moot court competitions at the high school, collegiate level, and law school level. Attorneys would be able to claim up to two hours of general credit during a compliance period.
The proposed revisions to the State Bar rules regarding MCLE providers are intended to improve efficiency, reduce duplication, and facilitate provider compliance.
Specifically, the amendments to rule 3.600 are designed to remove defined terms not used in other rules, to clarify and provide more detail within existing definitions, and add definitions where necessary. The proposed revisions to rule 3.601 provide definitions and eligibility criteria for MCLE and legal specialization MCLE activity accreditation, expand on the details associated with the existing subfields, and add details about the proposed new subfields. The proposed revisions to rule 3.604 expand and clarify the basis for suspension or revocation of a provider's approval. Additionally, staff proposes new rule 3.610, which outlines guidelines for legal education providers interested in offering legal specialization MCLE.
The proposed amended MCLE rules do not address all potential options for improving the MCLE course requirements. The State Bar is also interested in the following issues and is asking for public comment on these questions to assist in further consideration of other enhancements to the MCLE program:
None
Board of Trustees
March 1, 2023, 11:59 p.m.