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Rules The Rules governing Illinois Minimum Continuing Legal Education ("MCLE") are located at Illinois Supreme Court Rules 790 through 798. MCLE Rules Frequently Asked Questions Use the Ctrl-F function to search this page. These FAQs constitute guidance from the Minimum Continuing Legal Education Board of the Supreme Court of Illinois ("MCLE Board") and will guide the operations of the Board and its office. These FAQs are subject to change from time to time and without notice. Changes and/or additions to these FAQs will be posted here. If, due to a disability or other reason, another format is necessary, please contact the MCLE Director. The Board welcomes input on these FAQs. Attorney FAQs Use the Ctrl-F function to search this page. MCLE Overview for Attorneys
MCLE Board Activities and Progress
MCLE Requirements - General
Carryover Hours to First Reporting Period
Newly Admitted Attorneys
Exempt Attorneys
Out-of-State Attorneys and Reciprocity
Inactive or Retired Attorneys
Good Cause Exemption
Reporting Periods, Groups and Deadlines
CLE Course and Activity Standards
Hours – Calculated and Applied
Compliance and Enforcement
Record Keeping and Audits
MCLE Overview for Attorneys What is "Minimum Continuing Legal Education?"Answer: Minimum Continuing Legal Education (“MCLE”) is a program adopted by the Supreme Court of Illinois (“Court”) that establishes requirements for continuing legal education (“CLE”) for Illinois attorneys. The program is established under Supreme Court Rules 790 through 797 (“MCLE Rules”). Why was the MCLE program established? Answer: According to the MCLE Rules’ Preamble, the Court’s MCLE program is “intended to assure that those attorneys licensed to practice law in Illinois remain current regarding the requisite knowledge and skills necessary to fulfill the professional responsibilities and obligations of their respective practices and thereby improve the standards of the profession in general.” When is the MCLE program effective? Answer: The MCLE Rules establishing the MCLE program became effective September 29, 2005. However, the first two-year reporting period for Illinois attorneys is as follows:
Pursuant to the MCLE Rules, attorneys could begin accruing Illinois MCLE credit as early as January 1, 2006. There is a limit on the number of credits that an attorney can carry over to the first reporting period – no more than 10 credits from January 1, 2006 to the beginning of the attorney’s first reporting period. Who administers the MCLE program?Answer: The MCLE program operates as an arm of the Supreme Court of Illinois. The MCLE program is under the supervision of a ten-member volunteer Board appointed by the Supreme Court of Illinois. Under the MCLE Rules, at least one member of the MCLE Board must be a non-attorney, at least one a circuit court judge and one member shall be a member of the Commission on Professionalism of the Supreme Court of Illinois (“Commission”). The Executive Director of the Supreme Court of Illinois’ Commission on Professionalism also serves as an ex-officio member of the MCLE Board. The MCLE Board appoints, with the approval of the Supreme Court of Illinois, a Director who serves as the principal executive officer of the MCLE program. (Rule 792.) Is the MCLE Board a part of the Attorney Registration and Disciplinary Commission ("ARDC")? Answer: No. Both the MCLE Board and ARDC are arms of the Supreme Court of Illinois. However, they function independently. The ARDC provides the MCLE Board with the master roll of attorneys, as well as attorneys’ contact information. The MCLE Board, through its Director, will refer to the ARDC the names of nonexempt attorneys who fail either to comply or to report compliance with the requirements of the MCLE Rules. (Rule 796(e).) Upon compliance and satisfaction of all applicable conditions, the MCLE Board may recommend reinstatement of an attorney who was removed from the master roll due to noncompliance with the MCLE Rules. (Rule 796(h).) How is the MCLE program funded? Answer: Rule 792(c) provides that the MCLE program must be “financially self-supporting.” Under Rule 792(e), the MCLE program is funded solely from fees charged continuing legal education (“CLE”) providers and certain fees assessed to attorneys in conjunction with individual courses, late compliance reporting and non-compliance. What forms are available for attorneys? Answer: Please see the Board’s web site under “Forms for Attorneys.” The following forms are available for use by attorneys :
*Form provided as an example. Attorneys may refer CLE course providers (More >), law school, university, college or community college administrators to this form to issue teaching credit (More >). MCLE Board Activities and Progress NEW When can a provider submit an application to accredit an individual course?Answer: A provider may submit an individual course application for any future course date. Applications submitted on or after the course date are considered late filings and are subject to a $25.00 late fee. Individual course applications may not be submitted more than 60 days after the course begins. (Effective 4/1/08.) What are the standards for course accreditation?Answer. The standards are contained in the MCLE Rules, specifically Rule 795, and the FAQs prepared for providers. Providers are strongly encouraged to become familiar with these standards. While the Rules establish various standards, providers should be particularly attentive to the following standards:
Attorneys are encouraged to contact providers directly to confirm that they have or intend to apply to accredit courses or activities. Please recognize that while retroactive accreditation is available, the MCLE Board cannot assure that all courses or activities will in fact be accredited because the course application must be reviewed and the course must comply with Rule 795. May an attorney apply to claim CLE credit for attending an individual course?Answer: Generally no. But, in certain limited circumstances detailed in the following FAQs, an attorney may apply to claim credit for attending or participating in an out-of-state course on or after January 1, 2006, accredited by another state which is recognized by MCLE Board as having comparable MCLE requirements. (Rule 795(c)(5)). For more details, see the information below under the heading Out-of-State Attorneys and Reciprocity. Has the MCLE Board adopted regulations? Answer: No regulations have yet been adopted. Rule changes as well as regulations may be recommended by the MCLE Board to the Supreme Court of Illinois. (Rule 792(c)(1).) Attorneys should follow the Rules, as well as information made available through these FAQs, posted forms and other information available on the Board’s web site. MCLE Requirements - General How many hours of CLE activities are required?Answer: CLE activity hour requirements for Illinois attorneys increase incrementally. Every Illinois attorney subject to the Rules is required to complete certain hours each reporting period as outlined in the following chart:
Answer: Yes. To integrate the MCLE program with the goals of the Commission, a minimum of four of the total hours required for any two-year reporting period must be in the area of professional responsibility, which includes professionalism, issues involving diversity, mental illness and addiction issues, civility or legal ethics. After the MCLE Board approves a provider’s application to accredit a course, the Commission needs to review information submitted to the Commission from the provider for each course and activity offered to fulfill the professional responsibility requirement under Rule 794(d)(1) and conduct a substantive review. Without the Commission’s approval, courses or activities in these areas cannot be accredited to satisfy the CLE professional responsibility requirement. (Rules 794 and 799(d)(6).) Carryover Hours To First Reporting Period Will courses or activities taken after January 1, 2006, but before an attorney’s first two-year reporting period, be considered for MCLE credit?Answer: Yes, but not for CLE professional responsibility credits. A maximum of 10 CLE activity hours earned between January 1, 2006, and the beginning of an attorney’s first two-year reporting period may be carried over to the first reporting period. Under the Rules, the 10 carryover hours cannot be used, however, to satisfy the CLE professional responsibility requirement. If an attorney chooses to attend a course or activity, which includes any segments pertaining to professional responsibility, between January 1 and the beginning of his or her first reporting period, that course or activity may be accredited only as general credit for CLE compliance (not as professional responsibility credit). Are there exceptions to what courses or activities are eligible for carryover? Answer: Yes. The carryover does not apply to required professional responsibility credits. The carryover is also not available to newly admitted Illinois attorneys until after they have completed the one-year period during which the required Basic Skills Course must be completed. Will attorneys whose last names begin with the letters N through Z be entitled to carryover more than 10 hours to their first reporting period? Answer: No. Attorneys whose last names begin with the letters N through Z are entitled to carryover 10 hours earned from January 1, 2006, through June 30, 2007. These carryover hours can be applied to those attorneys’ first reporting period, July 1, 2007, through June 30, 2009, excluding professional responsibility credits because those credits must be obtained during the reporting period. (Rule 794(c)(3).) Newly Admitted Attorneys Do special requirements apply to newly admitted Illinois attorneys?Answer: Yes. A key component of the MCLE program requires that every new Illinois attorney admitted to practice after December 31, 2005, complete a Basic Skills Course, totaling at least 15 hours of instruction. (Rule 793.) The Basic Skills Course requirement must be fulfilled by the end of the month that marks the attorney’s one-year anniversary of admission to the Illinois bar. For example, an attorney sworn into the Illinois bar on September 17, 2007 has until September 30, 2008 to complete the Basic Skills Course requirement. Is there an exception to the Basic Skills Course requirement for attorneys who previously practiced law? Answer: Yes. The Basic Skills Course requirement does not apply to attorneys who are admitted in Illinois after practicing law in other states for a period of one year or more. (Rule 793(f).) This one year of practice does not need to immediately precede admission to practice in Illinois. An attorney invoking this exemption may be required to provide proof of prior practice to the MCLE Board. An attorney who must comply with the Rules, but has claimed an exemption from the Basic Skills Course requirement, is exempt for the one-year period immediately after the attorney was sworn into the Illinois bar. Then, depending on the first letter of the attorney’s last name, the attorney’s first two-year reporting period either begins on July 1 of an even-numbered year (last names beginning with A through M) or July 1 of an odd-numbered year (last names beginning with N through Z). From the end of the Basic Skills Course compliance period and the beginning of the attorney’s first two-year reporting period, the attorney may claim up to 10 credits of carryover MCLE. For example, an attorney is sworn into the Illinois bar on any day in May, 2007 and has until the last day of May, 2008 to comply with the Basic Skills Course requirement. The attorney claims an exemption from the Basic Skills Course requirement.
Any attorney, whether newly admitted or not, may take a Basic Skills Course to earn CLE credit if the course provider allows more experienced attorneys to attend the course. What constitutes "practicing law" in other states for purposes of the exemption from the Basic Skills Course requirement?Answer: Whether an attorney is practicing law generally depends on two basic considerations:
If there are questions about a specific situation, you may request a determination from the MCLE Director beginning September 15, 2006. A form to be used for this purpose will be available on the board’s web site before that date. Does serving as an in-house counsel or government attorney constitute practicing law for purposes of the exemption?Answer: If a law license is required for the position in the state where employed, work as an in-house counsel or government attorney may constitute practicing law. Is there a partial exemption from the Basic Skills Course requirement if the attorney practices less than one year in Illinois? Answer: No. An attorney who is newly-admitted to the Illinois bar and cannot claim a full exemption under Rule 791(b) needs to comply with the Basic Skills Course requirement in full. If the attorney can only claim a partial exemption under Rule 791(c), the attorney still needs to comply with the Basic Skills Course requirement. When must a newly admitted attorney complete the Basic Skills Course? Answer: A newly admitted attorney must complete the Basic Skills Course within one year of admission to practice in Illinois. (Rule 793(b).) What is the Basic Skills Course? Answer: The Basic Skills Course is a 15-hour integrated course which include the following topics: local court practice and rules; filing requirements for various government agencies; drafting of pleadings and other documents; practice techniques and procedures under the Illinois Rules of Professional Conduct; client communications; use of trust accounts; required record keeping; and other rudimentary elements of practice. (Rule 793(c).) Does the Basic Skills Course include professional responsibility topics? Answer: Yes. The Commission will review the Basic Skills Course applications following the MCLE Board's review. Each course must contain at least four hours of professional responsibility credit. Please see the Commission's "Professionalism CLE Guidelines" at the Commission’s web site, www.ilsccp.org, for more information. You may contact the Commission directly: The Commission on Professionalism of the Supreme Court of Illinois Web site: www.ilsccp.org Must a newly admitted attorney also comply with the CLE requirements applicable to other attorneys?Answer: No. A newly admitted attorney is exempt from other MCLE requirements for the one-year period during which the Basic Skills Course requirement applies. (Rule 793(d).) When and how is compliance with the Basic Skills Course reported? Answer: On or before the first day of the month before the end of an attorney’s Basic Skills Course requirement reporting period, the MCLE Director mails a certification form to the newly admitted attorney. That certification form is mailed to the preferred mailing address designated by the attorney with the ARDC. Each attorney should check with the ARDC to confirm that the attorney’s preferred mailing address is up to date. The attorney must complete the certification form to report whether the attorney has complied with the Basic Skills Course requirement, has not complied with that requirement, or has an exemption from that requirement. (Rule 796(a).) In order to comply with the Basic Skills Course requirement, the newly admitted attorney needs to complete a Basic Skills Course by the end of the month in which the attorney was admitted to practice in Illinois – one year later. For example, an attorney sworn into the Illinois bar on September 17, 2007 has until September 30, 2008 to complete the Basic Skills Course requirement. The attorney must submit the completed certification form no later than 31 days after the date that the Basic Skills Course requirement must be completed. (Rule 796(a)(2).) For example, an attorney who has until September 30, 2008 to complete the Basic Skills Course requirement has until October 31, 2008 to return the completed certification to the Board. REVISED What is a newly admitted attorney’s first two-year reporting period after the Basic Skills Course reporting period? Answer: The CLE hours required are determined by the reporting period and not by whether an attorney is newly admitted. Where, for example, a newly admitted attorney’s first reporting period ends in 2010 or 2011, 24 hours are required, and 30 hours each reporting period thereafter. Newly admitted attorneys do not have a transition of 20, 24, and 30 hours regardless of their admission date. (Rule 794(a).) When can a newly-admitted attorney who is subject to the Basic Skills Course requirement begin to accumulate credits toward his or her first two-year reporting period? Answer: Once the one-year period for complying with the Basic Skills Course requirement has ended, the attorney may begin accumulating credits toward his or her first two-year reporting period. Between the end of that one-year period and the start of the attorney’s two-year reporting period, the attorney may earn up to 10 general hours of carryover credit to be applied to the first two-year reporting period. (Rule 794(c)(3).) Under the Rules, if any of the 10 credit hours earned are in the area of professional responsibility, those credits may be used only as general credit for CLE compliance (not a professional responsibility credit). For example, an attorney admitted to the Illinois bar on September 17, 2007 has until September 30, 2008 to satisfy the Basic Skills Course requirement. Beginning on October 1, 2008, that attorney may begin accruing general MCLE credits for the next two-year reporting period (July 1, 2009 through June 30, 2011 for attorneys with last names beginning with letters N through Z and July 1, 2010 through June 30, 2012 for attorneys with last names beginning with letters A through M). What form should an attorney use to request a temporary exemption from the Basic Skills Course requirement?Answer: An attorney seeking a temporary exemption from the Basic Skills Course requirement must use Form 5 (.doc)  to submit that request for consideration by the Board. As stated in Rule 791(a)(7), temporary exemptions will be granted in rare cases and upon a clear showing of good cause of extraordinary or extenuating circumstances beyond the control of the attorney.
What form should an attorney use to request an extension of time in which to satisfy my Basic Skills Course requirement?Answer: An attorney seeking an extension of time in which to satisfy the Basic Skills Course requirement must use Form 6 to submit that request for consideration by the Board. As stated in Rule 791(a)(7), such extension of time will be granted in rare cases and upon a clear showing of good cause of extraordinary or extenuating circumstances beyond the control of the attorney.
Up to topExempt Attorneys Are certain attorneys exempt from the MCLE requirements?Answer: Yes. The exemptions under Rule 791(a) are:
Answer: Whether an exemption is full or partial depends on the date or portion of the reporting period that an attorney is exempt. The following chart outlines the exemptions under Rule 791:
Answer: An attorney with a partial exemption is required to earn one-half of the CLE activity hours that would otherwise be required. (Rule 791(c).) Does the partial exemption also apply to part-time or semi-retired attorneys? Answer: No. CLE activity hours are required based on the status of the attorney (active or inactive/retired, etc.), not the number of hours that the attorney engages in the practice of law. What is meant by "attorneys serving in the office of justice, judge, associate judge, or magistrate of any federal or state court" in Rule 791(a)(3)? Answer: For purposes of Rule 791(a)(3), “all attorneys serving in the office of justice, judge, associate judge, or magistrate of any federal or state court” means the actual office holder with that title. It does not refer to other attorneys working in the physical office of a justice, judge, associate judge, or magistrate of any federal or state court. Those other attorneys, however, may be exempt under Rule 791(a)(4), if, by virtue of their office or employment in the state or federal judiciary, the Supreme Court of Illinois or the federal judiciary expressly prohibits them from actively engaging in the practice of law. Are sitting federal and state court judges exempt from the MCLE requirements? Answer: A sitting federal or state court judge has a full exemption from the MCLE requirements for a given reporting period if the attorney was a sitting federal or state court judge if:
The MCLE Board has access to the records of the ARDC concerning license status. A sitting federal or state court judge may rely on his or her listing in the ARDC's records that reflects that the attorney was a sitting federal or state court judge on the last day of the two year reporting period, or for at least 365 days of the two-year reporting period. To check your current ARDC listing, please visit the ARDC Web site and select "Lawyer Search" in the top left corner. Even if the attorney does not qualify for a full exemption, the attorney may qualify for a partial exemption. Please see Rule 791(c) for more information on partial exemptions. I’m a retired federal or state court judge. Am I responsible for complying with the MCLE requirements?Answer: Retired judges (who do not have any other exemption under Rule 791(a)) are responsible for MCLE compliance. Does the MCLE Board mail an MCLE certification form to sitting federal and state court judges? Answer: No. Mailings are not sent to attorneys who, according to the ARDC's records, are sitting federal or state court judges who qualify for a full exemption. If an exempt judge wishes to report that exemption, how does the judge report? Answer: As an exempt judge who wishes to report that exemption to the Board, you may Report On-line. After you report online, you can choose to print a receipt of your report. For attorneys who are identified as federal or state court judges in the ARDC’s records and who qualify for a full exemption, this reporting is an option and is not a requirement. Partial exemptions do, however, need to be reported because the attorney must report that he or she earned the one-half of the CLE hours required for a partial exemption. Does the exemption for the judiciary apply to administrative law judges or similar positions? Answer: No. An exemption under Rule 791(a)(3) applies only to “attorneys serving in the office of justice, judge, associate judge, or magistrate of any federal or state court.” An exemption does not apply to those serving as administrative law judges, arbitrators, mediators, or commissioners who are not a part of the judiciary. An exemption does not apply even if the position prohibits an attorney from practicing law, such as workers compensation Commissioners (820 ILCS 305/13) or arbitrators (820 ILCS 305/14). While the requirement is not within the jurisdiction of the MCLE Board, notably, sitting judges in the State of Illinois are required to participate in judicial education programs and activities. Who is eligible for the exemption for attorneys employed in the state or federal judiciary? Answer: An exemption under Rule 791(a)(4) applies only to “attorneys who, by virtue of their office or employment in the state or federal judiciary, are prohibited by the Supreme Court of Illinois or the federal judiciary from actively engaging in the practice of law.” This exemption does not apply merely by virtue of being employed in the state or federal judiciary in some capacity. It is also necessary that the employment prohibits the attorney from engaging in the practice of law and either the Supreme Court of Illinois or the federal judiciary prohibits that employment. Are attorneys licensed to practice under Rule 716 (limited admission of house counsel) and Rule 717 (legal service program lawyers) required to comply with the MCLE requirements? Answer: Yes. There is no exemption for attorneys admitted to practice in Illinois under Rule 716 or Rule 717. Furthermore, as stated in Rules 716 and 717, a lawyer admitted under these Rules must register with the ARDC and is subject to the jurisdiction of the Court for disciplinary purposes to the same extent as all other lawyers licensed to practice law in the state. Are attorneys licensed to practice under Rule 712 (foreign legal consultants) required to comply with the MCLE requirements? Answer: Yes. There is no exemption for attorneys admitted to practice in Illinois under Rule 712. Furthermore, as stated in Rule 712, a lawyer admitted to practice under this Rule must observe the Rules of Professional Conduct of the Supreme Court of Illinois. Are supervised senior law students or graduates who provide services under Rule 711 required to comply with the MCLE requirements? Answer: No, if the senior law student or graduate provides legal services only pursuant to Rule 711. That student or graduate will, however, become subject to the MCLE Rules if the student or graduate is later admitted to practice law in the State of Illinois. If an attorney is exempt, must the attorney submit a compliance certification form for each reporting period? Answer: Yes. Even as an exempt attorney, if the attorney receives an MCLE certification form from the Director, the attorney needs to complete and return that certificate for to the Board. In that form, the attorney needs to assert the basis for the exemption. (Rule 796(a)(2).) Attorneys who are exempt and do not receive a certificate of compliance (which might be the case where the MCLE Board records note the exemption) will not need to file a certificate. If an attorney is no longer exempt for any reason, a certificate of compliance must be filed, regardless of whether the attorney receives a certificate of compliance from the MCLE Board Director. How does an attorney assert that he or she is covered by an exemption to the Rules? Answer: An attorney claiming an exemption under Rule 791(a)(1), (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6), must claim that exemption on the certification form sent to the attorney pursuant to Rule 796. Any attorney claiming an exemption under Rule 791(a)(4), (a)(5) or (a)(6), if audited, will be required to submit appropriate proof establishing the facts of the exemption along with the attorney’s certification. If an attorney claiming an exemption is audited, the attorney must submit proof establishing the claimed exemption. Any attorney claiming an exemption under Rule 791(a)(3), must, in response to notification of an audit by the Board, submit appropriate proof establishing the facts of the exemption. The appropriate proof will vary based on the exemption or exemptions being claimed. In the notice of audit, the Board will provide information on the types of necessary proof to be submitted. NEW How do I change my registration status? Out-of-State Attorneys and Reciprocity Are out-of-state attorneys who are active members of the Illinois bar exempt from CLE requirements?Answer: An attorney who is an active member of the Illinois bar may be exempt from CLE requirements. An out-of-state attorney qualifies for an exemption only if all of the following criteria are met:
Attorneys who practice outside of the United States do not qualify to claim this exemption because it is limited to attorneys practicing in other states with comparable minimum continuing legal education requirements. Which states do not have the necessary minimum continuing legal education requirement?Answer: The MCLE Board recognizes an exemption only where another state has a comparable minimum continuing legal education requirement. As of October 31, 2007, the MCLE Board has determined that the following states and district do not have comparable MCLE requirements:
All other states are considered as having the necessary minimum continuing legal education requirement. What facts show that an attorney is “regularly engaged in the practice of law” in another state?Answer: Whether an attorney is “regularly engaged in the practice of law” in another state is based upon the location of the attorney’s only office or primary office or place of employment. If the attorney’s primary office of practice is located outside the state of Illinois, then the attorney is considered to be “regularly engaged in the practice of law” in that other state. What constitutes "practicing law" for purposes of the exemption of Rule 791(a)(6) for out-of-state attorneys whose only or primary office is in another state? Answer: Attorneys are practicing law if, during the reporting period, they give legal advice or counsel to, or provide legal representation for, a particular body or individual in a particular situation in either the public or private sector. The issue of whether an attorney is practicing law is one that each attorney must determine, giving careful consideration to your specific activities throughout the reporting cycle. Likewise, an attorney must determine in which state or states he or she is "regularly engaged" in the practice of law. The CLE staff is not in a position to advise attorneys on whether their specific activities constitute the practice of law or in which states an attorney is regularly engaged in that practice because the staff does not have detailed information on your specific duties and work responsibilities. Does the exemption under Rule 791(a)(6) apply to an attorney who regularly practices in one state and does not comply with any MCLE requirements for that state but complies with the MCLE requirements of another state where the attorney does not regularly practice?Answer: No. Under MCLE Rule 791(a)(6), in order to qualify for an exemption, the attorney must comply with the MCLE requirements of the state in which the attorney has his or her primary or only office. Complying with the MCLE requirements of a state in which the attorney does not have his or her primary or only office does not qualify the attorney for an exemption under Rule 791(a)(6). For example, an attorney’s (whose only office is in Maryland) complies with the MCLE requirements for Virginia. That attorney does not qualify to claim an exemption under Rule 791(a)(6). Does an attorney who wants to claim an exemption under Rule 791(a)(6) need to submit an application to claim that exemption? Answer: No application is needed to claim an exemption under Rule 791(a)(6). Instead, attorneys will claim the exemption on the certification form that is submitted by the attorney to the Board at the end of each two-year reporting period. What proof must be submitted to the MCLE Board to show compliance with the CLE requirements of another state? Answer: Attorneys do not submit proof of compliance with the CLE requirements of another state unless the Board specifically requests that the attorney do so. The attorney claims the exemption on the certification form that is submitted at the end of each two-year reporting period. Under the MCLE compliance process, attorneys claiming an exemption may be required to submit proof that they have met the CLE requirements of another state. (Rule 791(a)(6).) If an attorney is required to submit proof of compliance with the CLE requirements of another state, the Board will provide sufficient notice along with an explanation of the documentation required to be submitted. Does an exemption from another state’s CLE requirements apply to Illinois where an attorney is regularly engaged in the practice of law in another state?Answer: No, unless the exemption also applies under Illinois MCLE Rules. Where, for example, another state exempts attorneys who are employed by governmental agencies from its CLE requirements, the attorney on active status in Illinois would not be exempt from Illinois’ CLE requirements even though he or she was employed full time by a governmental agency in another state. Does the MCLE Board have reciprocity with other states that have comparable MCLE requirements? Answer: No. The Illinois MCLE Rules currently do not address the issue of reciprocity. This means that a course or program approved or accredited in another state (even if comparable) is not automatically approved or accredited for Illinois MCLE purposes. In order for attorneys to receive Illinois MCLE credit for attending CLE courses or activities, the attended course or activity must be accredited by the MCLE Board of the Supreme Court of Illinois. Unless the provider of a course presented in another state has also been accredited in Illinois (or, in certain limited circumstances, the attorney applies for credit—for more information, refer to the FAQs immediately following), any CLE credits offered for that course are not eligible for Illinois MCLE credit. When an attorney has already attended a course and is not certain if that course was properly accredited, the attorney should contact the provider of the course to determine if it has applied or plans to apply to the MCLE Board of the Supreme Court of Illinois for accreditation. May an attorney apply to claim CLE credit for attending an individual course?Answer: Generally no. But, in certain limited circumstances detailed in the following FAQs, an attorney may apply to claim credit for attending or participating in an out-of-state course on or after January 1, 2006, accredited by another state which is recognized by MCLE Board as having comparable MCLE requirements. Rule 795(c)(5). Apply On-line Can I claim teaching credits for courses that qualify under Rule 795(c)(5)?
NEW DATE! Under what limited circumstances may an attorney apply to claim Illinois CLE credit for attending an individual out-of-state course? First scenario – live course held out of state:
Second scenario – live audio conference or video conference:
Once an attorney submits a payment to claim out-of-state credits, the MCLE Board will not issue a refund. To avoid unnecessary payments for out-of-state credits, the MCLE Board strongly advises that, before claiming credits from an out-of-state course, the attorney take these two steps:
Which states do not have the comparable MCLE requirements for purposes of an attorney applying to claim credit for an out-of-state course?
All other states are considered as having comparable MCLE requirements for purposes of an attorney applying to claim credit for an out-of-state course. For a live in-person course, does the attorney need to participate in the course outside Illinois?Answer: Yes. For a live audio conference or video conference course, do the speakers need to be located outside Illinois? Answer: No. The speakers for a live audio conference or video conference do not need to be located outside Illinois. For a live audio conference or video conference course, does the attorney participating need to be located outside Illinois? Answer: No. The attorney participating in a live audio conference or video conference does not need to be located outside Illinois. The attorney may participate in the out-of-state course through live audio conferencing or video conferencing within Illinois. May an attorney view or listen to a DVD, CD, MP3, VHS tape, or other recording of an out-of-state course and apply for Illinois CLE credit? Answer: No. Only live out-of-state courses or live audio conference or video conference courses accredited for MCLE credit by a state recognized by the MCLE Board as having comparable MCLE requirements may be submitted for Illinois MCLE credit. What if the attorney attends the out-of-state course and obtains a certificate evincing that the course was accredited by another MCLE state but the attorney does not apply with the MCLE Board for Illinois MCLE credit and pay the applicable fee? Answer: If the attorney does not apply to the MCLE Board for Illinois MCLE credit and pay the applicable fee, the attorneys cannot claim any credit for attending or participating in the course. What fee must the attorney pay when submitting an out-of-state course for approval? Answer: The attorney must pay $1.00 per credit hour with a minimum of $15.00. For example, for a course offering 20 hours of MCLE credit, the cost to the attorney is $20.00. The MCLE Board will not issue refunds. The MCLE Board strongly advises that to avoid any unnecessary payments attorneys:
Before claiming any credits from the listed nontraditional categories and submitting the applicable fee, please check your information carefully. The MCLE Board will not issue refunds of the nontraditional fee. If an attorney reports nontraditional credits then later wishes to revise the MCLE Certification to report compliance without nontraditional credits, or the attorney erroneously pays the nontraditional fee, no refund will be issued. Inactive or Retired Attorneys Are inactive or retired attorneys exempt?Answer: Yes. An attorney registered with the ARDC as inactive (Rule 791(a)(1)) or retired (Rule 791(a)(2)) has a full exemption from the MCLE requirements if the attorney is on inactive or retired status with the ARDC: (1) on the last day of the two-year reporting period; or (2) for more than 365 days of the two-year reporting period. But if an attorney chooses to return to active status, the attorney must complete the deferred CLE requirement. (Rule 791(e).) When is the exemption for inactive or retired attorneys effective? Answer: The exemption for inactive or retired attorneys is effective on the date that the assumption of or transfer to inactive or retired status is registered by the ARDC in its records. Does the exemption for inactive or retired attorneys apply to attorneys who are on active status, but do not, in fact, practice law or do so only on a limited or part-time basis? Answer: No. The exemption for inactive or retired attorneys applies only to those attorneys whose status is listed with the ARDC as inactive or retired. Unlike some states, Illinois does not have emeritus status that allows attorneys over a certain age to be exempt from Illinois CLE requirements. What CLE requirements apply to an inactive or retired attorney who resumes active status? Answer: An inactive or retired attorney who resumes active status must satisfy both:
Answer: Under Rule 791(e), an attorney who resumes active status has 24 months to complete the Deferred CLE Requirements, not to exceed two times the CLE requirement of the current two-year reporting period. If an attorney has been inactive for only one reporting period (or a portion of one reporting period) in which the attorney qualified for a full exemption, the attorney’s Deferred CLE Requirements equal the total number of credits required for that two-year reporting period. If an attorney has been inactive for more than one reporting period, the attorney’s Deferred CLE Requirements may be as much as two times the CLE requirement for the current two-year reporting period. Is there a limit to the number of hours necessary to satisfy the Deferred CLE Requirements?Answer: Yes. The Deferred CLE Requirements will not exceed two times the CLE requirement for the current two-year reporting period during which the attorney has resumed active status. (Rule 791(e).) Because an attorney’s CLE requirements increase with each two-year reporting period to a maximum of 30 activity hours, the Deferred CLE Requirements will never exceed 60 CLE activity hours. If an attorney is inactive during his or her first two-year reporting period, but resumes active status during the second two-year reporting period, the attorney will need to complete the Deferred CLE Requirements (20 CLE activity hours) and the CLE requirement for the current two-year reporting period (24 CLE activity hours). How long does an attorney have to complete the Deferred CLE Requirements? Answer: An attorney has 24 months to complete the Deferred CLE Requirements from the date that the attorney returns to active status. (Rule 791(e).) Can CLE courses and activities taken either during the reporting period when inactive or retired status is assumed or while on inactive or retired status be applied toward the Deferred CLE Requirements? Answer: Yes, provided that the CLE courses and activities coincide with the reporting period during which the Deferred CLE Requirements accrued. For this purpose, the Deferred CLE Requirements accrue during the most recent preceding reporting period or the reporting period during which active status is resumed. Depending on the length of time on inactive status, this means that only those credits earned during the preceding reporting period or the two preceding reporting periods will be considered. Must an attorney on inactive, disability or retirement status pursuant to Rule 791(a)(1) and (2)complete the Deferred CLE Requirements if that attorney can also claim an exemption pursuant to Rule 791(a)(3) through (7)? Answer: No. An attorney whose Illinois license is on inactive status and is also entitled to claim an exemption from CLE requirements pursuant to Rule 791(a)(3) through (7) during the years of inactive status does not need to complete the Deferred CLE Requirements. Deferred CLE Requirements only concern hours that would have been required of the attorney if not exempt from MCLE requirements. Importantly, the attorney must claim the exemption under Rule 791(a)(3) through (7) on the attorney’s compliance certification form if the attorney does not want to be subject to the Deferred CLE Requirements. If the attorney reports an exemption based on inactive, disability or retirement status under Rule 791(a)(1) and (2), then the attorney is subject to the Deferred CLE Requirements. Some examples: A judge serving in another state who requests inactive status in Illinois, retires from the bench, and then returns to Illinois to actively practice law does not accrue Deferred CLE Requirements while on inactive status because the attorney, while serving as a state court judge, was exempt from the Illinois MCLE requirements pursuant to Rule 791(a)(3). That attorney must report both exemptions on the certification form submitted to the Board at the end of each two-year reporting period. An attorney is on inactive status but can also claim an exemption under Rule 791(a)(6) because the attorney is regularly engaged in the practice of law in another state and complies with the continuing legal education requirements in that other state (and is thereby exempt from the Illinois MCLE requirements). This attorney faces no Deferred CLE Requirements for that exempt period when the attorney later moves his or her practice to Illinois. That attorney must report both exemptions on the certification form submitted to the Board at the end of each two-year reporting period. How does an attorney change status from active to inactive?Answer: An attorney changes status under a process administered exclusively by the ARDC. The ARDC’s web site is www.iardc.org. If I am on inactive or retired status and provide pro bono services, do I still have an exemption from the MCLE requirements? Answer: Yes. Attorneys eligible for an exemption because they are registered as inactive or retired with the ARDC pursuant to MCLE Rule 791(a)(1) may provide pro bono services under Rule 756(j). However, Rule 756(f) requires that attorneys providing pro bono services under that Rule participate in training to the extent required by the sponsoring entity. MCLE Rule 756(j)(6). Good Cause Exemption May the MCLE Board grant a temporary exemption or extension to an attorney from CLE requirements?Answer: Yes. Rule 791(a)(7) permits the MCLE Board “[i]n rare cases, upon a clear showing of good cause,” to grant a temporary exemption to an attorney from the CLE requirements or an extension of time in which to satisfy them. What is “good cause”? Answer: Good cause for an exemption or extension may exist in the event of:
Answer: An attorney seeking a temporary exemption to the MCLE requirements must use Form 5 to submit that request for consideration by the Board. As stated in Rule 791(a)(7), such temporary exemptions will be granted in rare cases and only upon a clear showing of good cause of extraordinary or extenuating circumstances beyond the control of the attorney.
What form should an attorney use to request an extension of time in which to satisfy the MCLE requirements?Answer: An attorney seeking an extension of time in which to satisfy the MCLE requirements must use Form 6 to submit that request for consideration by the Board. As stated in Rule 791(a)(7), such extension of time will be granted in rare cases and upon a clear showing of good cause of extraordinary or extenuating circumstances beyond the control of the attorney. The Board will begin accepting such requests for extensions in spring, 2008.
Reporting Periods, Groups and Deadlines What are the reporting periods under the MCLE program?Answer: Rule 794(b) provides for a two-year reporting period. An attorney’s reporting period depends on the first letter of the attorney’s last name as it appears on the master roll of attorneys.
Answer: No. Each attorney is automatically placed in one of two reporting groups – last name beginning with A through M or last name beginning with N through Z. If you were sworn in to the Illinois bar on or before June 30, 2006, your last name on the roll of attorneys on July 1, 2006, establishes your reporting group. If you are sworn in to the Illinois bar on July 1, 2006, or later, your last name on the roll of attorneys on your swearing-in date establishes your reporting group. How are hyphenated or multi-part last names handled? Answer: Your last name for MCLE purposes is set by your last name as reflected in the ARDC's records. If you were admitted to the Illinois bar on or before June 30, 2006, your last name on the Master Roll of Attorneys on July 1, 2006 establishes your reporting group. If you were admitted to the Illinois bar on July 1, 2006 or later, your last name on the Master Roll on that admission date establishes your reporting group. An attorney's last name for MCLE compliance does not change. If you have multiple last names, the name farthest to the right is your name for MCLE compliance purposes. Hyphenated names are treated as one word. If your name starts with a common prefix such as Von, Van, La, De, etc., the prefix's first character is your name for MCLE compliance purposes. Examples: John Peter Smith Jones = "J;" Ann Marie Smith-Johnson = "S;" or Joe Richard Mc Cann = "M." CLE Courses and Activity Standards What standards are required for CLE courses and activities?Answer: All CLE courses and activities must satisfy the requirements of Rule 795(a). The "Provider and CLE Activity Frequently Asked Questions," provide additional information about these standards. Do attorneys have an avenue for submitting complaints, compliments or concerns about providers? Answer: Yes. The Board will accept such submissions. The Board will review complaints and concerns raised about CLE providers and courses or activities. If the Board determines that a response is necessary from the provider, the provider will be notified electronically or otherwise and provided a copy of the complaint. If the provider has not resolved the complaint to the satisfaction of the Board within 60 days after the notice, the Board may suspend, at its discretion, further accreditation of any courses or activities offered by the provider or may suspend the provider’s Accredited CLE Provider status until the matter is satisfactorily resolved.
Hours - Calculated and Applied How many CLE activity hours are required?Answer: For the first reporting period, 20 CLE activity hours are required. For the second reporting period, 24 CLE activity hours are required. For each subsequent reporting period, 30 CLE activity hours are required. (Rule 794(a).) Of these total hours, at least four hours must be in the area of professional responsibility, including professionalism, diversity issues, mental illness and addiction issues, civility, or legal ethics. (Rule 794(d).) Different rules apply with respect to newly admitted attorneys for the Basic Skills Course. (Rule 793.) A chart of the requirements follows:
Answer: No. All CLE activity hours may be earned in one year or split in any manner among the days within the two-year reporting period. May an attorney claim CLE credit for attending the same course twice? Answer: No if the course was held in the same 12-month period. For example, an attorney may not claim CLE credit from attending a course on Tuesday then claim CLE credit again for attending the same course presented on Wednesday. This is true even if the provider issues two certificates – one for each time that the attorney attended the same course in the same 12-month period. The attorney can attend as many repeat sessions of the same course as he or she wishes but the attorney may claim CLE credit from only one course. How many of the CLE activity hours must relate to professional responsibility? Answer: A minimum of four hours. (Rule 794(d).) This same requirement applies for both the first reporting period and every subsequent reporting period. This means that 4 of the 20 required CLE activity hours, or 4 of 24 hours, or 4 of 30 hours, as applicable, must relate to professional responsibility. May professional responsibility hours exceed four hours? Answer: Yes. Professional responsibility hours in excess of four hours in any reporting period may be applied to satisfy an attorney’s remaining general CLE requirements. May CLE activity hours be carried over from one reporting period to another? Answer: Yes, but subject to a number of limitations or restrictions under Rule 794(c). The following chart summarizes those limitations or restrictions:
Answer: Yes. At least four hours of professional responsibility hours must be earned within each reporting period. If more than four hours of professional responsibility credits are earned in any reporting period, these excess hours may be carried over to the next reporting period to satisfy the general MCLE requirement (subject to the overall 10 hours maximum limitation). However, professional responsibility hours may not be carried over to satisfy the professional responsibility requirement of a subsequent reporting period. Which hours are applied first to satisfy CLE requirements – carryover hours or those taken within the current reporting period? Answer: Those taken within the current reporting period are applied first to satisfy CLE requirements. Carryover hours are considered only if needed to satisfy the current reporting period’s requirements. How are carryover hours calculated? Answer: Carryover hours are those hours actually earned within a reporting period in excess of those required for the reporting period (whether 20, 24 or 30 hours). Carryover hours result only when the number of hours earned within a reporting period exceeds the requirements, without regard to any available carryover hours. Some examples:
Compliance and Enforcement How is compliance with CLE requirements reported?Answer: Attorneys must report their compliance with CLE requirements on a certification form that will be mailed to the attorney by the MCLE Director (“MCLE certification”), or they may Report On-line. The MCLE Board must receive the Certification Form by July 31 following the last day of their reporting period, or attorneys can report on-line by 11:59 p.m. on July 31 following the last day of their two year reporting period. The MCLE certification requires that the attorney state whether, with respect to the reporting period, the attorney: (1) has complied with the CLE requirements; (2) has not complied with them; or (3) is exempt. (Rule 796(a).) What fee must the attorney pay when claiming certain types of nontraditional course or activity credits? Answer: The attorney must pay a $20.00 flat fee when reporting credits obtained by participating in the following types of non-traditional course or activity:
NEW If the attorney has participated in a course that qualifies under Rule 795(c)(5), how does the attorney claim the CLE credits from that course? Answer: The MCLE Board mails to the attorney's "preferred mailing address" on file with the ARDC. . It is the responsibility of each attorney on the master roll to notify the ARDC of any change of address. (Rule 796(a)(2).) The MCLE Board will mail the MCLE certification to only the address that the attorney indicated to the ARDC as their preferred mailing address. How do I change my mailing address or determine what mailing address is on file? Answer: On or before the first day of the month preceding the end of an attorney’s two-year reporting period, the Director will mail the attorney the MCLE certification to be completed by the attorney. (Rule 796(a)(1).) The notice provided by the MCLE certification is not the same as the annual registration renewal notice sent by the ARDC. May attorneys request that the Director send the MCLE certification by electronic mail and that they be permitted to file the MCLE certification electronically? Answer: The Rules require that the MCLE Board mail a certification form to each attorney at the mailing address on file with the ARDC. Attorneys can then choose to report: (1) using the Board's on-line compliance reporting system - Report On-line; or (2) by returning the completed paper copy form by mail or delivery with the return envelope provided or the addresses listed on the Form. Attorneys who choose to report on-line must do so by 11:59 p.m. on July 31 following the last day of their two year reporting period. How do I get a duplicate Certification Form? Answer: At this time, only attorneys whose two-year reporting period ends June 30, 2008 (last names beginning A through M) can print a duplicate Certification Form. Those attorneys can log on to our On-line reporting system to report their compliance or print a new form. The on-line reporting system is not yet programmed for newly admitted attorneys (attorneys admitted on or after January 1, 2006). Newly admitted attorneys who need a new Certification Form for the Basic Skills Course need to contact the MCLE Board office. What if I want proof that I mailed my MCLE Certification Form to the MCLE Board? Answer: The Board is unable to verify receipt of paper Certification Forms by phone or e-mail. An attorney who chooses to send the paper Certification Form can check whether the Board received the paper Certification Form by logging on to the Board's Report On-line system and checking whether the attorney has a Current MCLE Report on file. When an attorney chooses to file the paper Certification Form and wants written proof of receipt by the Board, the attorney may: (1) mail the completed Certification Form in the preprinted envelope provided with proper postage postmarked on or before the Form Due Date; or (2) arrange for delivery by a commercial delivery service to the street address printed on the instruction form included in the compliance mailing for express deliveries by the Form Due Date. The Board accepts only the following as proof of timely filing: (1) the Registered or Certified Mail receipt; or (2) written documentation from the commercial delivery service. If the Board does not receive your filing and you cannot produce one of these documents, your filing is untimely. If you choose to mail through the U.S. Postal Service and request a return receipt, the receipt will be stamped "Fischer Enterprises on behalf of Illinois National Bank." Illinois National Bank in Springfield, Illinois, is the MCLE Board's scanning and processing facility and Fischer Enterprises is their courier service to retrieve all of the bank's mail from the U.S. Post Office Box. If an attorney does not receive the MCLE certification, is the attorney still responsible for filing a certification?Answer: Yes. Failure to receive an MCLE certification does not constitute an excuse for failure to file the certification. (Rule 796(a)(2).) Are attorneys who are exempt from the CLE requirement sent an MCLE certification? Answer: The Director is not required to send a MCLE certification to an attorney known by the Director to be exempt. (Rule 796(a)(1).) What happens if an attorney fails to submit an MCLE certification? Answer: Attorneys who fail to submit an MCLE certification within 45 days of their reporting date, or who file an MCLE certification stating that they have not complied with the CLE requirements during the reporting period, are notified by the Director of their noncompliance. Attorneys then have an additional 61 days from the original certification due date to achieve compliance and file a certification stating that they have complied with the CLE requirements or are exempt. The Director does not send a notice of noncompliance to attorneys whom the Director knows are exempt. (Rule 796(b).) NEW What should an attorney do if the attorney does not complete the MCLE requirements by the June 30 deadline for that two-year reporting period? Answer: An attorney who does not complete the MCLE requirements by the June 30 deadline for that two-year reporting period has a choice: timely report non-compliance to the MCLE Board or not return the MCLE Certification Form in a timely manner. The better choice is to timely report non-compliance. Attorneys who report non-compliance for a particular two-year reporting period by the July 31 deadline are automatically given 61 more days (until September 30) to achieve or establish compliance or report an exemption. A $100 late fee must also be paid. Credit hours earned during the grace period may be counted toward compliance for the just completed two-year reporting period. Any hours exceeding the requirement may be used to meet the current reporting period's requirement. See Rule 796(a) through (d). Attorneys who fail to report by the July 31 deadline also have a 61-day grace period and may earn credits during that grace period to achieve compliance for the just completed two-year reporting period. A $150 late fee must also be paid. NEW What happens when an attorney reports non-compliance by the July 31 reporting deadline?Answer: If an attorney reports non-compliance to the MCLE Board by July 31, then in late August, the MCLE Board will mail a notice of non-compliance to that attorney. The attorney needs to submit an MCLE Certification no later than September 30 of that year. The attorney must also pay the $100.00 late fee and submit it with the attorney's MCLE Certification that is due by September 30 of that year. The $100.00 late fee is required by the Court's MCLE Rules and the amount is set by the Court. It cannot be waived. NEW What happens when an attorney fails to report by the July 31 reporting deadline? Answer: If an attorney fails to report to the MCLE Board by July 31, then in late August, the MCLE Board will mail a notice to that attorney. The attorney needs to submit an MCLE Certification no later than September 30 of that year. The attorney must also pay the $150.00 late fee and submit it with the attorney's MCLE Certification that is due by September 30 of that year. The $150.00 late fee is required by the Court's MCLE Rules and the amount is set by the Court. It cannot be waived. Please note that, under the MCLE Rules, failure to receive an MCLE certification is not an excuse for failure to file the certification. (Rule 796(a)(2)). Is a “grace period” provided by Rule 796(c) automatically available to attorneys who fail to comply? Answer: Yes. Attorneys are automatically given an additional 61 days from the original certification due date to achieve or establish compliance or report an exemption. All applicable late fees must be paid. (Rule 796(d).) Credit hours earned during this grace period may be counted toward compliance with the previous reporting period requirement. Any hours in excess of the requirement may be used to meet the current reporting period’s requirement. (Rule 796(c).) Is an attorney entitled to claim an exemption that becomes applicable during the “grace period” provided by Rule 796(c) for compliance? Answer: No. An exemption that becomes applicable during the grace period does not excuse non-compliance for the particular reporting period. The exemption must apply on or before the last day of the reporting period. If, for example, an attorney becomes a judge or enters active military duty during the grace period, the exemption does not apply retroactively to the particular reporting period. Such an attorney may seek a good cause exemption or extension, however, as permitted by Rule 791(a)(7). May additional “grace periods” be granted? Answer: No. An attorney may receive no more than more than one grace period in a single reporting period. Further, the grace period may not be extended even if the Director fails to send, or the attorney fails to receive, a notice of noncompliance. (Rule 796(c).) What actions are taken if an attorney fails to achieve compliance during the “grace period” provided by Rule 796(c)? Answer: By Court Rule, the Director must refer to the ARDC the names of nonexempt attorneys who, by the end of their grace periods, have failed to comply or failed to report compliance with the CLE requirements (and have not been granted a “good cause” extension or temporary exemption). The ARDC will mail a notice to these attorneys that they will be removed from the master roll of attorneys on the date specified in the notice (which date is no sooner than 21 days from the date of the notice) because of their failure to comply or report compliance. The ARDC removes the attorneys from the master roll of attorneys on the date specified in the notice unless the Director certifies before that date that the attorney has complied. Removal for failure to comply renders the attorney ineligible to practice law in Illinois, but such removal is not a disciplinary sanction. 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