Attorney Exemptions

Attorney Exemptions

The State Bar requires attorneys to complete Minimum Continuing Legal Education (MCLE) and to file a report every three years stating that they have complied.

The following active licensees are exempt from MCLE requirements, provided they claim the exemption in their assigned compliance periods using My State Bar Profile online or an MCLE Compliance Form:

  • Officers and elected officials of the State of California.
  • Full-time professors at law schools accredited by the State Bar, the American Bar Association (ABA).
  • Those employed full-time by the State of California on a permanent or probationary basis, regardless of their working hours, who do not otherwise practice law.
  • Those employed full-time by the United States government on a permanent or probationary basis, regardless of their working hours, who do not otherwise practice law.

Exempt attorney reporting

The exemption covers only the requirement that attorneys complete MCLE hours. Exempt attorneys are still required to file a report through My State Bar Profile every compliance period, indicating they were exempt for the entire compliance period because they were:

  • An officer or elected official of the State of California.
  • A full-time professor at a law school accredited by the State Bar of California and/or the ABA.
  • A full-time employee of the State of California do not otherwise practice law.
  • A full-time employee of the United States government and do not otherwise practice law.

If you are exempt and you fail report your exempt status by the deadline to report regarding MCLE, you are subject to the same sanctions imposed on those who fail to report compliance.

Loss of exemption or exemption for partial compliance period

If an attorney is exempt by virtue of their federal employment or employment with the State of California, but also practices law outside the scope of their employment, they lose their exemption from the education requirement for the entire compliance period and must complete the 25-hour education requirement.

If an attorney is exempt by virtue of their federal employment or employment with the State of California, but they were only employed in that capacity for part of the compliance period, they must complete a prorated requirement based on the number of months during the compliance period that they did not hold an exempt position.

Related links

FAQs on attorney exemptions