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Attorney Frequently Asked Questions 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. 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:
MCLE Board Activities and Progress Will CLE credits for courses and activities be accredited retroactively?Answer: Courses or activities conducted on and after January 1, 2006, have been eligible for retroactive accreditation by the MCLE Board. The Rules do not provide for consideration of CLE activities conducted before January 1, 2006. May a provider still apply to accredit courses held in 2006? Answer: No. For all courses presented in 2006, the provider needed to submit an individual course application on or before November 1, 2007. That deadline for providers was posted on the Board’s web site for more than two months and an e-mail was sent to hundreds of providers. May a provider still apply to accredit courses held in 2007? Answer: For a limited time, yes. If a provider wishes to accredit an individual course conducted in 2007 for Illinois MCLE credit, that application must be submitted by March 1, 2008. As of March 2, 2008, the Board will no longer accept applications from providers for courses presented in 2007 Is there a deadline for submitting courses offered beginning January 1, 2008 and after? Answer: Yes. Beginning March 1, 2008, the Board will begin enforcing the requirement that provider submit individual course applications not more than 60 days after the course begins. For example, to accredit a course that began January 2, 2008, the provider will need to apply no later than March 2, 2008. More information about that deadline will be posted on the Board's web site in coming weeks. 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 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 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. What is a newly admitted attorney’s first two-year reporting period after the Basic Skills Course reporting period?Answer: A newly admitted attorney’s first two-year reporting period for complying with MCLE requirements begins after the deadline for completing the Basic Skills Course. Specifically, the first two-year reporting period begins on the next July 1 of an even-numbered year for lawyers whose last names begin with a letter A through M, and on the next July 1 of an odd-numbered year for lawyers whose last names begin with a letter N through Z. (Rule 793(e).) Once a newly admitted attorney is subject to the two-year reporting period, does the transition of hourly requirements (i.e., 20, 24 and 30 credits) apply? 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 hours of carryover credit to be applied to the first two-year reporting period. (Rule 794(c)(3).) 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: 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 exemptions from the MCLE requirements full or partial? 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. 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), may 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.
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 September 15, 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. 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 accredited by another state which is recognized by MCLE Board as having comparable MCLE requirements. Rule 795(c)(5). Under what limited circumstances may an attorney apply to claim Illinois CLE credit for attending an individual out-of-state course? Answer: In all circumstances, the course must meet basic requirements enumerated below. There are two specific scenarios in which an attorney may apply to claim CLE credit for attending an out-of-state individual course. Those two situations are: First scenario – live course held out of state:
Second scenario – live audio conference or video conference:
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. When and how are courses approved? Answer: The MCLE Board is not presently accepting applications from attorneys to approve individual courses. The Board is in the process of establishing the process for doing so and will make this information available from its web site. Please do not submit applications at this time as they will be returned without review. As soon as the process is established, the information will be posted on the Board’s web site. Inactive or Retired Attorneys Are inactive or retired attorneys exempt?Answer: Yes. Attorneys registered with the ARDC as inactive (Rule 791(a)(1)) or retired (Rule 791(a)(2)) for more than 365 days of the two-year reporting period are exempt from the MCLE Rules requirements. 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. 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? 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”). The attorney must complete the MCLE certification and submit it to the Board within 31 days after the end of the attorney’s reporting period (that is, no later than July 31 for all attorneys other than those who are newly admitted and need to comply with the Basic Skills Course requirement). 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:
Answer: The MCLE Board utilizes the preferred mailing address provided by each attorney to 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 send the MCLE certification to the address that the attorney indicated to the ARDC as his or her preferred mailing address. When should an attorney receive the MCLE certification? 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 currently do not permit electronic mailing. The MCLE Board is considering allowing attorneys to submit the MCLE certification, voluntarily, by electronic mail. That electronic submission will require a database. If such a database is available to attorneys, the Board will post that information on its web site. 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).) 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 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. (Rule 796(e).) If an attorney is removed from the master roll of attorneys, will his or her name be published? Answer: Yes. The attorney’s status as unauthorized to practice law will become public record. For example, it will be available through the ARDC’s web site. An attorney who is not on the master roll of attorneys maintained by the ARDC for the Supreme Court of Illinois may not practice law under that license. May an attorney request reinstatement after being removed from the master roll? Answer: Yes. An attorney who has been removed from the master roll due to noncompliance with the CLE requirements may be reinstated by the ARDC upon recommendation of the MCLE Board. The Board makes this recommendation only after the removed attorney files a certification which the Board determines shows full compliance with the applicable CLE requirements. A removed attorney may attain the necessary credit hours during the period of removal to meet the requirements for the years of noncompliance. Unlike hours earned during a grace period and prior to removal, excess hours earned during the period of removal may not be counted towards meeting the current or future reporting periods’ requirements. (Rule 796(h).) How does an attorney request reinstatement? Answer: An attorney may request reinstatement by submitting the appropriate form to the MCLE Board through its Director. A form to request reinstatement will be made available on the Board’s web site. A reinstatement fee of $250.00 must also be paid to the Board. Are late fees assessed to attorneys who fail to comply or seek reinstatement? Answer: Yes. Late fees are assessed to attorneys who fail to timely submit the required MCLE certification or comply with CLE requirements. (Rule 796(d).) Fees are not assessed to exempt attorneys. A fee also must accompany a request for reinstatement. (Rule 796(h).) There is no fee for a timely-filed MCLE certification that reports compliance with the MCLE requirements. May an attorney correct or amend an MCLE certification? Answer: Yes. Where an MCLE certification is determined to be inaccurate, it may be and should be amended or corrected. When an amended or corrected certification is filed, late fees are assessed, if applicable. Where the amended or corrected certification shows that an attorney is not in compliance, the MCLE Rules governing an attorney’s certification of noncompliance apply, except that the automatic grace period afforded under Rule 796(b) and (c), will not extend beyond 61 days from the original certification due date. Record Keeping and Audits Are attorneys required to maintain records proving compliance?Answer: Yes. Each attorney subject to the CLE requirements must maintain certificates of attendance received for CLE courses and activities and other sufficient documentation necessary to corroborate CLE hours earned. (Rule 796(f)(1).) How long must an attorney maintain records of MCLE compliance? Answer: Records corroborating CLE hours earned must be kept by the attorney for three years after the end of the relevant reporting period. (Rule 796(f)(1).) Are providers responsible for tracking and reporting to the MCLE Board the number of hours earned by Illinois attorneys who attended their courses or activities? Answer: No. Illinois attorneys are responsible for tracking their own MCLE hours. In addition, each attorney subject to the MCLE requirements must maintain certificates of attendance received for CLE hours earned and other sufficient documentation necessary to corroborate CLE hours earned. (Rule 796(f)(1).) Providers must maintain a list of the names of all participants for each course or activity for a period of at least three years. (Rule 795(a)(8).) In addition, the provider must issue a certificate, in written or electronic form, to each participant evincing his or her attendance. The attendance list and certificates of attendance must state the number of CLE hours, including professionalism, diversity issues, mental illness and addiction issues, civility, or legal ethics CLE hours, earned at that course or activity. (Rule 795(a)(8).) Are attorney CLE records subject to audit? Answer: Yes. The MCLE Board may conduct audits under a plan approved by the Supreme Court of Illinois. The ARDC does not audit compliance unless the Director makes a referral. (Rule 796(f)(2) and (3).) Is an attorney advised of the results of an audit? Answer: Yes. An attorney will be notified, in writing, of the results of any audit and provided an opportunity to file a written response if the attorney objects to the results. After considering the attorney’s response, if the MCLE Board determines that the attorney filed an inaccurate certification, the attorney will be given 60 days to file an amended certification, appropriate documentation, and a late fee. If the results of an audit suggest that the attorney willfully filed a false certification, the Board through its Director will refer that information to the ARDC for possible action. (Rule 796(g).) | |||||||||||||||||||||||||||||||||||||||||||||||||||||
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