Illinois MCLE Board: Provider FAQs


Course Accreditation Provider FAQs Fee Schedule Forms for Providers MCLE Rules: Supreme Court of Illinois		Provider FAQs 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 What is a "provider" for purposes of the Illinois MCLE Rules? What forms are available for MCLE providers to use? What fees are charged to providers? Will the MCLE Board occasionally review the fee schedule? May a provider still apply to accredit courses held in 2006? May a provider still apply to accredit courses held in 2007? Types of Courses or Activities Qualifying for Illinois CLE Credit What types of courses or activities will satisfy CLE requirements? Are any courses or activities expressly denied CLE credit? How will attorneys know if a course or activity is approved as a CLE course or activity? Must all CLE courses or activities be "live" presentations or may other presentation methods qualify for CLE credit? Is there a limit on the number of nontraditional CLE credits that may be considered for credit? General Rules on CLE Hours How is attendance time counted? What elements of a course or meeting are not included in the CLE credit hour time? Do breaks need to be scheduled in a CLE course? May the time for a meal offered in conjunction with a course or activity be considered as CLE credit hour time? May an attorney receive credit for attending a portion of a course or activity? Professional Responsibility Requirement How are professional responsibility courses or activities approved? Can a portion of a course or activity be accredited to meet the professional responsibility requirement? Do Accredited CLE Providers pay an additional fee for accreditation of courses or activities meeting the professional responsibility requirement? Newly Admitted Attorneys and Basic Skills Course Requirements How are credit hours in the Basic Skills Course allocated among topics? Does the Basic Skills Course include professional responsibility topics? For the Basic Skills Course, do providers need to submit an individual application, including the planned curriculum? How can providers advertise that their Basic Skills Course has been accredited? May a person attend the Basic Skills Course before being sworn into the Illinois bar? Can Basic Skills Courses be offered through an "in-house" program or other nontraditional programs? Accrediting Individual Courses or Activities May attendees seek approval of individual courses or activities or must the provider do so? How does a provider accredit an individual course or activity? What supporting documentation must be submitted with an application to accredit an individual course or activity? When does a provider need to submit the application to accredit an individual course or activity? Can providers submit an individual course or activity for accreditation after the course or activity takes place? How many applications need to be submitted if a course or activity takes place during more than one calendar day? When an in-person presentation of a course or activity is offered simultaneously in multiple locations, does each in-person presentation need to be accredited separately? How is an application for accreditation of a course or activity reviewed? Do some topics qualify for only partial credit or are ineligible for accreditation? Once an individual course or activity is accredited for presentation using a format other than an in-person format, how many times may it be presented using that particular approved format? If an application for accreditation of an individual course or activity is denied, what recourse does the provider or attending attorney have? If an application for accreditation of an individual course or activity is denied, what is the status of the remitted fee? Out-of-State Courses and Reciprocity Under what limited circumstances may an attorney apply to claim Illinois CLE credit for attending an individual out-of-state course? Which states do not have the 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? For a live audio conference or live video conference course, do the speakers need to be located outside Illinois? For a live audio conference or live video conference course, does the attorney participating need to be located outside 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? 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? What fee must the attorney pay when submitting an out-of-state course for approval? When and how are courses approved? Accredited CLE Providers What is an Accredited CLE Provider and how is this status obtained? What standards must a provider meet to achieve Accredited CLE Provider status? How do Accredited CLE Providers report information concerning the courses or activities that they provide for Illinois MCLE credit? When does an Accredited CLE Provider's status as an accredited provider begin? How does a provider renew its Accredited CLE Provider status? May Accredited CLE Providers co-sponsor courses or activities? May law firms, corporate law departments and government agencies become "Accredited CLE Providers"? If an application to accredit a provider as an Accredited CLE Provider is denied, what is the status of the submitted fee? Issues Relating to Providers and Accredited CLE Providers Do providers and Accredited CLE Providers report course and activity attendance to the Board? How is the hourly attendance fee calculated? How may providers and Accredited CLE Providers advertise that a course or activity has been accredited? What records of courses or activities must be retained by providers and Accredited CLE Providers? Do providers and Accredited CLE Providers need to notify the Board of any changes concerning contact person and information? Do providers and Accredited CLE Providers need to provide attorneys with an opportunity for feedback? What presentation methods satisfy "interactivity as a key component" as required in Rule 795(a)(6)? Must the qualified commentator be employed by or otherwise affiliated with the provider? Who is responsible for issuing certificates to those teaching accredited CLE courses or activities? Do attorneys have an avenue for submitting complaints, compliments or concerns about providers? In-House Programs What is an "In-House" Program? Can an in-house provider also be an Accredited CLE Provider? How are in-house programs approved? Are in-house programs subject to the same requirements as other courses or activities, including having written materials? Must a minimum number of attorneys attend an in-house program? Does an in-house provider need a certain number of participants for all courses and activities, including video and audio replays? What records must be kept with respect to in-house programs? May attorneys from outside the provider, such as clients or other invitees, attend the in-house program? Are fees charged with respect to in-house programs? May in-house providers who are Accredited CLE Providers co-sponsor courses or activities? May government in-house providers who are Accredited CLE Providers co-sponsor a free course or activity with providers who are not Accredited CLE Providers? Bar and Professional Association Meetings What is the definition of "professional organization" as that term is used in the Board's Fee Schedule? Under what circumstances do bar or professional association meetings qualify for CLE credits? Does the bar or professional association need to issue certificates of attendance? What records must be kept by bar or professional associations? Are bar or professional association meetings required to have written materials? Are fees charged by the Board with respect to bar or professional association meetings? Teaching Credits Can an attorney earn credits from teaching a CLE course? How are credits calculated for teaching a CLE course? When an attorney teaches a CLE course, what does the attorney need to do to obtain CLE credits? Who is responsible for issuing certificates to those teaching accredited CLE courses? Can an attorney earn credits from teaching a law school course? How are credits calculated for teaching a law school course? When an attorney teaches a law school course, what does the attorney need to do to obtain CLE credits? Can an attorney earn credits from teaching a law course at a university, college or community college? How are credits calculated for teaching a law course at a university, college or community college? When an attorney teaches a law course at a university, college or community college, what does the attorney need to do to obtain CLE credits? Who is responsible for issuing certificates to those teaching law school courses on a part-time basis or law courses at a university, college or community college? How do you calculate credit for panel presentations conducted at approved CLE courses or activities, or as part of the part-time teaching of law school courses or law courses at a university, college, or community college, including panel judging of moot court competitions involving law students? Must a panelist speak for at least 30 minutes to earn MCLE credit? How do you calculate the credit to be issued when two or more attorneys co-teach a CLE course, a law school course or a law course at a university, college, or community group? How do you calculate the credit to be issued for moderating a law school class in a part-time capacity? Can a speaker at an accredited MCLE course or activity also claim credit for authorship or co-authorship of written materials for approved CLE course or activity? Who is responsible for issuing certificates to those attorneys participating in law school moot court arguments? Other Nontraditional Activities In what cases will law school courses meet CLE requirements? What cross-disciplinary programs are eligible for CLE credits? May an attorney earn CLE credits by serving as a judge at a law school moot court argument? What requirements and limitations apply to legal scholarship credits? Can an attorney claim MCLE publication credit for two separate publications in the same two-year reporting period? What types of activities do not qualify for MCLE publication credit? MCLE Overview for Providers What is a "provider" for purposes of the Illinois MCLE Rules? Answer: A provider is an individual or entity that offers educational courses or other activities. Providers may apply to accredit their courses for Illinois MCLE credit as explained in the following FAQs. What forms are available for MCLE providers to use? Answer: Please see the Board's web site under "Forms." The following forms are among those available for use by MCLE providers: Form 1: Application to Accredit an Individual Course or Activity (.doc) Form 2: Application for Accredited CLE Provider Status (.doc) Form 3: Attendance Form (.pdf) Form 4: Certificate of Attendance (.pdf)* Form 8: Accredited CLE Provider Annual Report (.xls) Annual Reports from Accredited CLE Providers who selected January 1st as their accreditation start date should submit an annual report by January 31st of the following year covering CLE courses held January 1 - December 31. Annual Reports from Accredited CLE Providers who selected July 1st as their accreditation start date should submit an annual report by July 31st of the following year covering CLE courses held July 1 - June 30. Form 9: Denied Accreditation Application - Appeal to the MCLE Board for Review (.doc) Form 10a: Certificate of Teaching - for Approved CLE Courses (.doc)* Form 10b: Certificate of Teaching - for Part-time teaching (.doc)* What fees are charged to providers? Answer: The MCLE program as required by the Rules is to be self-sustaining and paid through fees charged to providers and, in certain circumstances, to attorneys. The fee schedule approved by the Supreme Court of Illinois (the "Court") is available on the Board's web site under "Fee Schedule." Will the MCLE Board occasionally review the fee schedule? Answer: Yes, the MCLE Board will review the fee schedule on a periodic basis. Following Supreme Court of Illinois approval, the Board may modify the schedule at any time with or without notice. 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. Up to top Types of Courses or Activities Qualifying for Illinois CLE Credit What types of courses or activities will satisfy CLE requirements? Answer: The MCLE Rules contemplate a wide variety of courses or activities that will satisfy CLE requirements. (Rule 795.) This allows attorneys great flexibility in complying with the requirements. Subject to compliance with the requirements of the Rules and the MCLE Board, as well as payment of any required fees, some examples of acceptable CLE courses and activities include: Accredited CLE Provider: Courses and activities may be provided by Accredited CLE Providers. The MCLE Board may extend presumptive approval to a provider for all of its CLE courses or activities presented each year. (Rule 795(b).) Individual Courses and Activities: If a provider is not an accredited CLE provider, the MCLE Board may provide advance or retroactive accreditation of an individual course or other activity. (Rule 795(c).) Nontraditional Courses and Activities: Nontraditional courses or activities may receive CLE credit. (Rule 795(d).) These courses and activities include those that satisfy the requirements of the Rules and fall into these categories: "In-House'' Programs. (Rule 795(d)(1)); Law school courses taken after admission to the Illinois bar. (Rule 795(d)(2)); Portions of bar or professional association meetings at which substantive law, matters of practice, professionalism, diversity issues, mental illness and addiction issues, civility, or legal ethics are discussed up to one hour of MCLE credit. (Rule 795(d)(3)); Cross-disciplinary programs with courses and activities that cross academic lines, such as accounting-tax seminars or medical-legal seminars but only to the extent that such sessions are deemed appropriate for CLE purposes. (Rule 795(d)(4)); Teaching at approved CLE courses or programs. (Rule 795(d)(5)); Part-time teaching at an ABA-accredited law school, or teaching a law course at a university, college, or community college. (Rule 795(d)(6)); Writing law books and law review articles. (Rule 795(d)(7)); Attendance at courses or activities designed to train lawyers who have agreed to provide pro bono services. (Rule 795(d)(8)); and Attendance at courses or activities under Supreme Court Rule 714(b), designed to train attorneys for certification for membership in the Capital Litigation Trial Bar. (Rule 795(d)(9).) Are any courses or activities expressly denied CLE credit? Answer: Yes. The MCLE Rules expressly deny CLE credit for the following two courses and activities: Bar Review Courses: Attendance at bar review courses before admission to the Illinois Bar may not be used for CLE credit. (Rule 795(d)(10).) If a bar review course is taken after admission to the Illinois Bar, and the course otherwise meets the MCLE Rules' course and activity requirements, the provider may submit an application to accredit the bar review course for CLE credit. Reading Legal Materials: No credit may be earned by reading advance sheets, newspapers, law reviews, books, cases, statutes, newsletters, or other such sources. (Rule 795(d)(10).) How will attorneys know if a course or activity is approved as a CLE course or activity? Answer: The Board's web site includes the list of providers who are accredited as Accredited CLE Providers. That list of Accredited CLE Providers includes each provider's accreditation period and accredited methods of delivery, such as faculty in the room with participants, live video or audio, etc. The Board's web site also includes a list of accredited individual courses that can be searched by provider or course name. Must all CLE courses or activities be "live" presentations or may other presentation methods qualify for CLE credit? Answer: Presentation methods other than live presentations may qualify for CLE credit. A course or activity may be presented by remote or satellite television transmission, telephone or videophone conference call, videotape, film, audio tape or over a computer network, so long as the MCLE Board approves the content and the provider, and finds that the method in question has "interactivity as a key component." (Rule 795(a)(6).) The "interactivity" requirement is discussed further in these FAQs. Is there a limit on the number of nontraditional CLE credits that may be considered for credit? Answer: Generally no. The MCLE Rules do not contain any limit on the number of nontraditional CLE credits that may be considered. However, there are some limits for specific activities. For example, in writing law books or law review articles, credit may be earned during any two-year reporting period on a single publication for only half the maximum CLE requirement for the reporting period. (Note that credit accrues during the reporting period in which the book or article is published.) (Rule 795(d)(7).) Also, in teaching CLE courses or part-time law courses, the hours for any repeat presentations of the same materials are counted at only one-half those for the initial presentation, and no further hours may be earned for any additional presentations of the same materials. (Rule 795(d)(5) and (6).) Up to top General Rules on CLE Hours How is attendance time counted? Answer: Illinois uses a 60-minute credit hour. (Rule 795(e).) In granting credits, the course or activity's length will be rounded down to the closest quarter hour. The course or activity must consist of not less than one-half hour of actual instruction, unless the Board determines that a specific program of less than one-half hour warrants accreditation. (Rule 795(a)(7).) What elements of a course or meeting are not included in the CLE credit hour time? Answer: The following are not counted in CLE credit time: (i) coffee breaks; (ii) introductory and closing remarks; (iii) keynote speeches; (iv) lunches and dinners; (v) other breaks; and (vi) business meetings. Rule 795(e)(2). Do breaks need to be scheduled in a CLE course? Answer: Yes, if the course exceeds three hours. The Court's MCLE Rules require that courses be conducted in a physical setting conducive to learning. For that reason, any course lasting more than three hours must include at least one 15-minute break for every 3 hours of course time. May the time for a meal offered in conjunction with a course or activity be considered as CLE credit hour time? Answer: No. The time for any meal offered in conjunction with a course or activity may not be included in the CLE credit hour time. Whenever a meal is offered in conjunction with a course or activity, no less than 15 minutes must be allocated to the meal. If, however, the course takes the meal into account in the schedule (for example, meal available at noon and speaker begins at 12:30), the provider does not need to allocate additional time to the meal. May an attorney receive credit for attending a portion of a course or activity? Answer: Yes. CLE Credit is awarded only for actual attendance at an IL MCLE Board accredited course or eligible activity. If an attorney has registered and/or paid to attend an IL MCLE Board accredited course or eligible activity and does not attend the program in full, he/she may only claim MCLE credit for those hours that he/she actually attended. Providers need to issue certificates of attendance for the number of hours of an attorney's actual attendance rather than for the number of hours for which an attorney is registered or the course is accredited. If a Provider wishes, the Provider may seek the accreditation of identifiable segments within a course or activity through separate applications for those identifiable segments, issuing separate certificates of attendance for each identifiable segment. Up to top Professional Responsibility Requirement How are professional responsibility courses or activities approved? Answer: Professional responsibility courses or activities must be approved by the Commission on Professionalism of the Supreme Court of Illinois ("Commission"). The Commission and the MCLE Board have established procedures for providers to conveniently seek approval. For Providers who choose to accredit their courses or activities as Accredited CLE Providers, those Providers submit all of their professional responsibility course or activity accreditation requests directly to the Commission. Then the Commission will notify the Accredited CLE Provider of its decision. Accredited CLE Providers are not required to submit their courses or activities to the MCLE Board because, as an Accredited CLE Provider, their courses and activities that comply with Rule 795 are presumptively approved by the MCLE Board. They are not, however, presumptively approved by the Commission on Professionalism. Providers seeking accreditation on an individual course or activity basis submit Form 1 , along with the required attachments and accreditation fee, to the MCLE Board and not the Commission. If the application indicates that professional responsibility credits are being sought for the course or activity, or any portion of the course or activity, the MCLE Board reviews the application for conformity with the MCLE accreditation standards and hours. If the MCLE Board approves the application for general MCLE credits, the Board notifies the provider of that approval and instructs the provider to communicate directly with the Commission concerning professional responsibility credits. Following that communication between the provider and the Commission, the Commission then conducts a substantive review of the information submitted by the provider and notifies the provider and the MCLE Board of its decision on the request for professional responsibility credits. Can a portion of a course or activity be accredited to meet the professional responsibility requirement? Answer: Yes, if certain requirements established by the Rules and the Commission on Professionalism are met. For a portion of a course or activity to qualify for credit toward the professional responsibility requirement of Rule 794(d), the Rules require that that portion must be a clearly defined segment of a course or activity. To demonstrate that it is a clearly defined segment, the agenda must include that clearly defined segment with a stated starting and ending time. This clearly defined segment of a course or activity must consist of not less than one-half hour of actual instruction, unless the MCLE Board determines that a specific portion of less than one-half hour warrants accreditation. Do Accredited CLE Providers pay an additional fee for accreditation of courses or activities meeting the professional responsibility requirement? Answer: No additional application fees are charged. However, providers are required to pay the same fees applicable for all other courses. This includes the per lawyer/per hour fee (the "hourly attendance fee") where the provider charges attendees a fee for attending the course. All fees are paid to the MCLE Board. The $1.00 per hour for each Illinois attorney obtaining Illinois MCLE credit is based on the number of credits issued for the course. Because the length of the course is always rounded down to the closest quarter hour, the amount of the hourly attendance fee for one attorney will always be in quarter amounts. For example, if the course was accredited for 4.25 hours, the applicable hourly attendance fee for one attorney obtaining Illinois MCLE credit is $4.25. If a course was accredited for 3.75 hours, the applicable hourly attendance fee for one attorney obtaining Illinois MCLE credit is $3.75. Up to top Newly Admitted Attorneys and Basic Skills Course Requirements How are credit hours in the Basic Skills Course allocated among topics? Answer: For a Basic Skills Course to be accredited, it must be a complete and integrated program with the hours of instruction totaling no less than 15 hours. To submit a complete and integrated program, a provider must present an agenda that includes all of the topics listed in Rule 793(c). The total hours may be divided into sessions conducted over several weeks. 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 Two Prudential Plaza 180 N. Stetson Avenue, Suite 1950 Chicago, IL 60601 Ph: (312) 363-6210 Fax: (312) 363-6218 For the Basic Skills Course, do providers need to submit an individual application, including the planned curriculum? Answer: Providers (including those accredited as Accredited CLE Providers) must submit their planned curriculum, dates and times for the Basic Skills Course to the MCLE Board for approval. (Rule 793(g).) Stated otherwise, the MCLE Board does not extend presumptive approval to the Basic Skills Course. The provider must apply to the Board by submitting Form 1 , including the planned curriculum, for advance accreditation no less than 45 days before the program begins. Accredited CLE Providers will pay no additional charge for accreditation of such a course if the provider does not exceed the number of courses which it purchased for that accredited period; however, such providers will be required to pay the hourly attendance fee after the course takes place. How can providers advertise that their Basic Skills Course has been accredited? Answer: Where a course or activity has been accredited as a Basic Skills Course, the provider or Accredited CLE Provider must announce, in its brochures and/or registration materials, in substance, "this program has been approved by the Illinois MCLE Board to satisfy the Basic Skills Course Requirement of Illinois Supreme Court Rule 793." An advertisement may not indicate Basic Skills Course approval until approval has been received. Providers may state that credit will be sought but must advise participants before the course begins if the course has not been approved. May a person attend the Basic Skills Course before being sworn into the Illinois bar? Answer: Yes. A person may elect to attend a Basic Skills Course after taking the Illinois bar examination, but before being sworn in to the Illinois bar. If, however, the person does not pass the bar exam or is otherwise not sworn in by the scheduled swearing-in for that examination, the prospective attorney may not claim credit for attending that Basic Skills Course and must repeat the Basic Skills Course Requirement after next taking the bar exam. Note that bar review preparation courses do not qualify as a Basic Skills Course. Can Basic Skills Courses be offered through an "in-house" program or other nontraditional programs? Answer: Yes. "In-house" and other nontraditional programs may satisfy the Basic Skills Course requirement. However, all such courses must be approved in advance and must be a complete and integrated program with the hours of instruction totaling no less than 15 hours. An important component for any nontraditional course or activity will be compliance with the interactivity requirement as stated in Rule 795(a)(6). Topics that relate to solely to firm organization, firm management or business generation (e.g., extensive discussion of firm policies and procedures or marketing presentations) will not qualify as segments of the Basic Skills Course. Up to top Accrediting Individual Courses or Activities May attendees seek approval of individual courses or activities or must the provider do so? Answer: Generally, an attorney may not apply to claim CLE credit for attending an individual course. The Rules contemplate that, in most situations, only providers may submit applications for accreditation of courses or activities. Attorneys wishing to have a course or activity approved for Illinois MCLE credit are encouraged to contact the provider and request that the provider seek approval. 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 information, please see the section entitled "Out-of-State Courses and Reciprocity" below. How does a provider accredit an individual course or activity? Answer: Any provider not already an Accredited CLE provider desiring accreditation of an individual course or other activity should carefully review Rule 795(a) concerning the standards for accreditation of a course or activity. Following that review, the Provider may submit an application for accreditation of individual courses or activities to the Board by using Form 1 , the course accreditation fee set by the Board, and all supporting documentation requested on Form 1 . What supporting documentation must be submitted with an application to accredit an individual course or activity? Answer: Documentation must include: a statement of the provider's intention to comply with the accreditation standards of Rule 795 (which is included in Form 1 ); the written materials distributed to participants at the two most recently produced courses or activities, if available, or an outline of the proposed courses or activities, or the provider may substitute a 25-to-50 page sample of the course materials; and information about each faculty member. For attorneys who are faculty members, the application must include at least each faculty members' name, title and employer. For non-attorneys who are faculty members, the application must include the name, title, employer and brief information (a sentence or two) on how the speaker is qualified to speak on the particular topic. The Board requires that providers submit materials electronically via e-mail or a link to an extranet where the materials or outline, as well as the list and qualifications of faculty members, can be found. When does a provider need to submit the application to accredit an individual course or activity? Answer: In the future, the Board will begin enforcing the requirement in Rule 795(c)(1): for prior approval, an individual course application must be submitted no less than 45 days prior to the date for which the course or activity is scheduled. 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. More information about that deadline will be posted on the Board's web site in coming weeks. Can providers submit an individual course or activity for accreditation after the course or activity takes place? Answer: The deadline for providers to apply to accredit 2006 and 2007 courses has passed. The Board is no longer accepting applications from providers to accredit 2006 and 2007 courses. For all courses offered in 2008 and thereafter, the deadline is as follows: providers must submit individual course applications not more than 60 days after the course began. For example, if a course began June 1, 2008, the provider's application to accredit that course must be submitted no later than July 31, 2008. Beginning April 1, 2008, the Board is also collecting the $25.00 late fee for any course application submitted after the course began. Beginning April 1, 2008, if a provider submits an application to accredit an individual course on the day that the course began or within 60 days after the course began, the provider must pay a $25.00 late fee in addition to the application fee. This deadline does not apply to Accredited CLE Provider. In-house Accredited CLE Providers should not submit individual course applications at this time. Instead, those providers will include a list of their courses in their annual reports. How many applications need to be submitted if a course or activity takes place during more than one calendar day? Answer: For an individual course application, applications for multiple day courses or activities may be grouped together if the course or activity content renders it a single educational program. A provider may also choose to submit an application for each identifiable segment of a course or day which may permit participants to receive credit for individual program days or segments of days. When an in-person presentation of a course or activity is offered simultaneously in multiple locations, does each in-person presentation need to be accredited separately? Answer: No. If an in-person course or activity is presented in one location and transmitted simultaneously to other locations, all of the locations may be covered by the same accreditation. The provider may, however, elect to have each individual location accredited separately by submitting an individual accreditation application for each location. If accredited separately, each location can be searched in the Board's database when it becomes available. The same course, using an in-person presentation format, presented again on subsequent dates with the same or different speakers, must be accredited for each presentation through separate applications. How is an application for accreditation of a course or activity reviewed? Answer: The applicant (either for an individual course or activity or for Accredited CLE Provider status) bears the burden of proof that the course or activity meets the standards of Rule 795(a) and is entitled to receive CLE accreditation, including the burden concerning the amount and type of credit to be granted. A lack of information is a sufficient basis to deny accreditation. The Director or another member of the MCLE Program staff will review the application then grant or deny accreditation. The Director has the discretion to refer an application to the MCLE Board or to a committee or panel of the Board for review and recommendation and/or decision. Do some topics qualify for only partial credit or are ineligible for accreditation? Answer: Yes. If a course or activity: has content that does not bear entirely on a subject concerning substantive law, practice and/or procedure; has content that does not bear entirely on a subject concerning professionalism, diversity issues, mental illness or addiction issues as they affect lawyers and the practice of law, civility and/or legal ethics; crosses academic lines, such as accounting-tax or medical-legal as stated in Rule 795(d)(4); or is presented by a method that is below standard requirements, then the MCLE Board, through its Director or its own action, may determine that such course is entitled to no credit or may assign such partial credit as it deems appropriate. Once an individual course or activity is accredited for presentation using a format other than an in-person format, how many times may it be presented using that particular approved format? Answer: Once accredited in a presentation format other than in-person, the same course or activity may be presented using that approved format multiple times within a two-year period (see below for additional information on the two-year limitation). If the provider charges a fee for attorneys to participate in the subsequent presentations of the course or activity, the provider is also responsible for paying the hourly attendee fee for each such presentation. After two years from the date of accreditation, if the provider wishes to continue offering the course or activity for CLE credit, using that alternative presentation format, then the provider must apply for the course or activity to be accredited for that presentation format again. In addition, if the subject of a course or activity is outdated in any way, such as being superseded by a change in the law, or is materially changed, the course provider must accredit the updated course or activity individually. If an application for accreditation of an individual course or activity is denied, what recourse does the provider or attending attorney have? Answer: Providers denied prior approval of a course or activity or individual attorneys who have attended such course or activity may request reconsideration of the Board's initial decision by filing a completed Form 9 . The Board will consider the request within 30 days of its receipt, and promptly notify the provider and/or the individual attorney. (Rule 795(c)(2).) The request for reconsideration needs to be submitted to the Board no later than 30 days after the course denial date. When a provider is notified that an application for accreditation of an individual course or activity has been denied, the provider must promptly notify each attorney who requested Illinois MCLE credit for attending the course. If an application for accreditation of an individual course or activity is denied, what is the status of the remitted fee? Answer: The fee submitted for accreditation of an individual course or activity (whether timely filed or subject to the late filing fee) is non refundable even if accreditation is denied. However, no additional fee is required in the event an applicant resubmits a complete application (including the previously submitted information, along with the information that had been omitted previously) within 30 days after the application is rejected. Up to top Out-of-State Courses and Reciprocity 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: the course must be presented live (not a recorded or on-demand course); and the attorney personally attended the course outside Illinois; and the course has been accredited for MCLE credit by the state where the speakers were located; and the course must be held in a state recognized by the MCLE Board as having comparable MCLE requirements and the attorney must have written proof (e.g., program brochure, state CLE program listing of approved courses, or written confirmation) that the course is accredited by that state (not that an application is pending); and the attorney has determined that the provider has declined to apply for Illinois MCLE credit with the MCLE Board of the Supreme Court of Illinois; and the attorney pays the applicable fee to apply for Illinois CLE credit for attending the out-of-state course. Second scenario – live audio conference or live video conference: the course was presented live (not a recorded or on-demand course); and the attorney participated by either an audio conference or a video conference from any location; and the course is accredited for MCLE credit by a state recognized by the MCLE Board of the Supreme Court of Illinois as having comparable MCLE requirements and the attorney has written proof (e.g., program brochure, state CLE program listing of approved courses, or written confirmation from the provider or the MCLE regulatory entity) that the course is accredited by that state (not that an application is pending); and the attorney has determined that the provider has declined to apply for Illinois MCLE credit with the MCLE Board of the Supreme Court of Illinois; and the attorney pays the applicable fee to apply for Illinois CLE credit for participating in the out-of-state course. Which states do not have the comparable MCLE requirements for purposes of an attorney applying to claim credit for an out-of-state course? Answer: As of October 31, 2007, the MCLE Board has determined that the following states and district do not have comparable MCLE requirements: Alaska Connecticut District of Columbia Hawaii Maryland Massachusetts Michigan Nebraska New Jersey South Dakota 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 live 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 live video conference course, does the attorney participating need to be located outside Illinois? Answer: No. The attorney participating in a live audio conference or live 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 live 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 live 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 attorney 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. Up to top Accredited CLE Providers What is an Accredited CLE Provider and how is this status obtained? Answer: As described in Rule 795(b), an Accredited CLE Provider is a provider that has applied for that status so that all of its CLE courses and activities in the applicable year are presumptively approved by the Board. Providers must submit Form 2 to the Board in application for Accredited CLE Provider status. The application fee as set forth in the Fee Schedule must accompany the application when it is submitted to the Board. What standards must a provider meet to achieve Accredited CLE Provider status? Answer: Accredited CLE Provider status may be granted at the discretion of the Board to providers satisfying the following requirements: The provider has presented, within the past two years, at least five separate courses or activities of continuing legal education which meet the standards set forth in the MCLE Rules and the Board's FAQs posted on the Board's web site (a sample from the current calendar year and a sample from each of the two preceding years must be submitted with the Accredited CLE Provider application); or The provider has demonstrated to the Board that its CLE courses or activities have consistently met the standards set forth in the MCLE Rules and the Board's FAQs posted on the Board's web site. In addition, each application for Accredited CLE Provider status must include the provider's Financial Hardship Policy described in Rule 795(f). The MCLE Board also may require Accredited CLE Providers to complete a course of training before the Board grants or continues the provider's Accredited Provider status. Those providers who do not meet the minimum requirements may seek approval for individual courses or activities. After the provider meets the requirements for Accredited CLE Provider status, the provider may apply at that time. How do Accredited CLE Providers report information concerning the courses or activities that they provide for Illinois MCLE credit? Answer: Providers granted Accredited CLE Provider status must file an annual written report with the Board. For Accredited CLE Providers who selected January 1, 2006 as the start date for their accreditation period, the 2006 Annual Report was due to the Board on April 15, 2007 unless otherwise directed. For Accredited CLE Providers who selected July 1, 2006 as the start date for their accreditation period, the 2006 Annual Report was due to the Board on August 1, 2007 unless otherwise directed. For all subsequent annual reports, the Board anticipates that they will be due on January 31 for those selecting a January 1 start date, and on July 31 for those selecting a July 1 start date. These reports must utilize the form prescribed by the Board to provide information on the CLE courses and activities conducted during the past 12 months (or shorter time for which accredited provider status is held during that year). The applicable form for that written report is on the Board's web site under Forms. When does an Accredited CLE Provider's status as an accredited provider begin? Answer: In the application, each applicant for Accredited CLE Provider status will choose one of two options for the date on which its accredited provider status will begin: (1) January 1st; or (2) July 1st. Applications must be filed at least 45 days before the effective date for which Accredited CLE Provider status is sought. The applicant will submit payment for the first full 12-month period when the application is submitted to the Board. If the Board approves the Accredited CLE Provider application, the status will become effective as of the date that the provider indicated on the application. For each 12-month period that the provider has Accredited CLE Provider status, the Accredited CLE Provider is required to pay the annual fee set on the Fee Schedule. How does a provider renew its Accredited CLE Provider status? Answer: Accredited CLE Providers will be reviewed for renewal of Accredited CLE Provider status after an initial two-year period of accreditation. Thereafter, renewal will again be considered after each subsequent three-year period of accreditation or at such other times as the Board shall deem reasonable. The Board may revoke accreditation at any time when the Board finds that a sponsor has not complied with the responsibilities of Accredited CLE Provider status. The request for renewal is to be made in writing to the Board before the end of the accreditation period. If a request for a renewal is timely, the Accredited CLE Provider status continues until the Board acts on the application. May Accredited CLE Providers co-sponsor courses or activities? Answer: Yes. Accredited CLE Providers may co-sponsor a course or activity with other providers. However, if any of the other providers of the course or activity are not Accredited CLE Providers, accreditation of that course or activity must be sought on an individual course or activity basis as described in Rule 795(c) along with the appropriate application fee. There is one exception: if a course or activity is offered without charge to attorneys by an Accredited CLE Provider along with co-sponsors who are not Accredited CLE Providers, an individual course application is not required for that individual course. If, however, any payment is made by an attorney for any purpose in connection with the course or activity, the course or activity must be accredited through an individual course application. May law firms, corporate law departments and government agencies become "Accredited CLE Providers"? Answer: Law firms, corporate legal departments, government agencies or similar entities may apply to become Accredited CLE Providers. However, when such an entity offers courses or activities exclusively to the attorneys and others employed by it, those courses or activities must be submitted for approval on an individual course or activity basis, rather than on a presumptively Accredited CLE Provider basis as described in Rule 795(d)(1)(iii). These individual course or activity submissions by an Accredited CLE Provider will not require payment of an additional fee to accredit that course or activity, unless the provider charges a fee to those attending. If the provider charges a fee for attendees, the hourly attendance fee must be paid after the course or activity takes place. If an application to accredit a provider as an Accredited CLE Provider is denied, what is the status of the submitted fee? Answer: The fee submitted for a provider to become an Accredited CLE Provider will be refunded if the accreditation is denied, except that the Board will retain $100 to help defray the expense of reviewing the application. Up to top Issues Relating to Providers and Accredited CLE Providers Do providers and Accredited CLE Providers report course and activity attendance to the Board? Answer: Yes. Accredited CLE Providers and providers of CLE courses or activities that are accredited under the MCLE Rules are required to record attendance for each accredited course or activity. For courses where the provider charged attorneys a fee in order to attend, the Provider or Accredited CLE Provider must report the attendance to the Board and pay the applicable hourly attendance fees within 30 days of the completion of the accredited course or activity. The Board is accepting applicable hourly attendance fees from Accredited CLE Providers who selected January 1, 2006 and July 1, 2006 as the start date for their accreditation period. The process for collecting these fees for providers of individual courses has not yet been implemented. As soon as additional information on the applicable hourly attendance fees for individual course accreditation is available, it will be posted on the Board's web site. Providers of individual courses should recognize, however, that the hourly attendance fees will be due and payable at a future date. The purpose of attendance reporting is, in large part, is to make certain that fees are paid properly. The MCLE Board is not using this information to determine or track compliance of individual attorneys with the MCLE requirements. The Rules do not contemplate that the Board will track individual compliance. However, these records may be used during the course of an audit of an attorney's certification of compliance with the Rules or a review of a provider's MCLE attendance procedures. The Board may impose late charges on providers for failure to meet the requirements of the Rules. If a provider fails to pay any fee or charge when due, upon 10 days written notice to the provider, the Board may suspend or terminate the accreditation of the provider or cancel accreditation of any or all of the provider's CLE courses or activities. How is the hourly attendance fee calculated? Answer: If a provider charges attorneys to attend an accredited course (or if the provider pays for another person or entity to present a course), then the provider needs to pay the hourly attendance fee. The hourly attendance fee is $1.00 for each hour of MCLE credit awarded to each Illinois attorney. So the hourly attendance fee for an accredited course is based on: (1) the number of attorneys requesting Illinois MCLE credit ;and (2) the number of credits for which the course was accredited. Because the length of the course is always rounded down to the closest quarter hour, the amount of the hourly attendance fee to be paid for one attorney will always be in quarter amounts. For example, if the course was accredited for 4.25 hours, the applicable hourly attendance fee for one attorney obtaining Illinois MCLE credit is $4.25. If a course was accredited for 3.75 hours, the applicable hourly attendance fee for one attorney obtaining Illinois MCLE credit is $3.75. How may providers and Accredited CLE Providers advertise that a course or activity has been accredited? Answer: Where a CLE course or activity has been accredited or is offered by an Accredited CLE Provider, the provider may announce in its brochures and/or registration materials in substance: "This program has been approved by the Illinois MCLE Board for [applicable] hours of credit [and, if accredited [applicable] hours of professionalism, diversity issues, mental illness and addiction issues, civility, or legal ethics CLE credit by the Commission on Professionalism."] Accreditation may be refused to a provider for any course or activity that has been previously advertised falsely as accredited by the Board. Likewise, the Board may terminate or decline to grant Accredited CLE Provider status for any provider that has falsely advertised any course or activity as accredited by the Board. What records of courses or activities must be retained by providers and Accredited CLE Providers? Answer: Providers of accredited CLE courses or activities and Accredited CLE Providers are required to keep the course or activity materials for three years. Those course or activity materials must, at a minimum, include: (a) a brochure or outline that describes the course or activity content, identifies the faculty, and lists the time devoted to each topic, the presentation's date and location; and (b) attendance records showing, at least, all attendees seeking Illinois MCLE credit. Each provider of accredited CLE courses or activities and Accredited CLE Provider are to submit promptly this information for review upon request by the Board. Additional responsibilities of each provider of accredited CLE courses or activities and Accredited CLE Provider include the timely submission of attendance information, amendments to CLE hours, dates and/or locations for each course or activity, and payment of all applicable accreditation, hourly attendance fees and late filing fees. The materials may be maintained in paper or electronic form but the MCLE Board requires providers to make submissions to the Board electronically. Do providers and Accredited CLE Providers need to notify the Board of any changes concerning contact person and information? Answer: Providers and Accredited CLE Providers must notify the Board of any change in address and/or other contact information (including e-mail address), as well as any changes in the designated contact person, within 30 days of the effective date of the change. E-mail, as well as U.S. Mail, not returned to the MCLE Board will be presumed to have been received by the provider. The MCLE Board cannot be responsible for communicating with a provider if the Board does not have accurate contact information. Do providers and Accredited CLE Providers need to provide attorneys with an opportunity for feedback? Answer: Yes. At the conclusion of each course or activity, the Accredited CLE Provider or other provider must give each participant an evaluation questionnaire to complete addressing the content, instruction and written materials of the particular course or activity and, where applicable, the physical setting and/or communications technology used. The Accredited CLE Provider or other provider may choose instead to utilize an independent evaluation process in order to obtain feedback on the course or activity. Providers are to retain the submitted questionnaires and any independent evaluations for at least three years from the date on which the course or activity is presented. If the course is presented more than once, the questionnaires and independent evaluations must be retained for at least three years from the date on which the final presentation is given. Questionnaires and any independent evaluations may be reviewed by the MCLE Board. What presentation methods satisfy "interactivity as a key component" as required in Rule 795(a)(6)? Answer: Interactivity is an essential component for CLE programs. As stated in Rule 795(a)(6), "such interactivity may be shown, for example, by the opportunity for the viewers or listeners to ask questions of the course faculty, in person, via telephone, or on-line; or through the availability of a qualified commentator to answer questions directly, electronically, or in writing; or through computer links to relevant cases, statutes, law review articles, or other sources." "Interactivity" must include: (1) the opportunity for each participating attorney to ask a question; and (2) within a reasonable time, receive a response from a person who, by education and/or experience, is qualified to answer questions in the subject area of the course or activity. In addressing this "interactivity" issue, a provider must describe in its application for Accredited CLE Provider status or in its application(s) for individual courses or activities the exact means by which "interactivity as a key component" is achieved for each type of presentation method, including remote or satellite television transmission, telephone or videophone conference call, videotape, film, audio tape or over a computer network. For applications for Accredited CLE Provider status, a sample of each type of presentation method to be approved is to be included with the application. Significantly, if a provider identifies a single component or multiple components of a course or activity as providing "interactivity," that component or those components must be included in the course or activity's price that was advertised by the provider and/or paid by the attorney. For example, if a provider relies on links to case law or other citations to establish "interactivity" for its internet-based learning, the provider can not charge the participating attorneys an additional fee for accessing those links. Must the qualified commentator be employed by or otherwise affiliated with the provider? Answer: No. Any presenter, qualified by practical or academic experience, can serve as the qualified commentator for a CLE course. Who is responsible for issuing certificates to those teaching accredited CLE courses or activities? Answer: The CLE course or activity provider is responsible for issuing certificates to those teaching accredited CLE courses or activities who seek credit under Rule 795(d)(5). 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 and provided with 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. Up to top In-House Programs What is an "In-House" Program? Answer: An in-house program is a seminar, course, lecture or other CLE activity presented by a law firm, corporate legal department, governmental agency or similar entity (either individually or in cooperation with other such entities) that is limited to the provider's or providers' own attorneys. (Rule 795(d)(1).) Can an in-house provider also be an Accredited CLE Provider? Answer: Yes. If an in-house provider offers a seminar, course, lecture or other activity that is either advertised publicly or is open to attorneys other than those attorneys employed by any of the course providers,, the courses or activities are not in-house programs. Such courses or activities may be presumptively approved on the basis of the provider's Accredited CLE Provider status. If, however, the in-house provider offers a seminar, course, lecture, or other activity solely for its own lawyers or in cooperation with other in-house entities, that course or activity is an in-house program and an individual application, should be submitted to the Board through its annual report. However, prior approval by the Board is not required. (Rule 795(d)(1)(iv).) As with other individually accredited courses, approval must be sought within 60 days after the program is first presented. How are in-house programs approved? Answer: Where approval of an in-house program is required, the course or activity that is an in-house program must be submitted for approval on an individual course or activity basis under Rule 795(c), rather than on a presumptively Accredited CLE Provider basis under Rule 795(b). For 2006, in house providers who elected to become Accredited CLE Providers and started their accreditation period on January 1, 2006 and July 1, 2006 have submitted all of their individual courses for review through the Accredited CLE Provider Annual Report. For Accredited CLE Providers who elected January 1, 2006 as their start date, that report was due April 15, 2007. For Accredited CLE Providers who elected July 1, 2006 as their start date, that report was due August 1, 2007. For all 2007 courses, in-house providers who elected to become Accredited CLE Providers and have January 1 as their start date will submit all of their individual courses for review through the Accredited Provider Annual Report due by January 31, 2008. Are in-house programs subject to the same requirements as other courses or activities, including having written materials? Answer: Yes. In-house CLE courses and activities must meet the rules and regulations for any other individually accredited CLE course or activity. Must a minimum number of attorneys attend an in-house program? Answer: Yes. Only courses or activities that have at least five attorney participants (in addition to any speakers or other presenters) qualify for CLE credit. This is provided by Rule 795(d)(1)(iii). The attorneys do not need to be associated with the same firm, corporation or governmental agency. All of the attorneys do not need to be Illinois-licensed attorneys. It is acceptable that only one attorney (in the group of at least five attorney participants) is earning Illinois MCLE credit. Those attendees who are not licensed attorneys in any state or the District of Columbia (e.g., law students or law school graduates, paralegals, CPAs) are not counted toward the required number of attorneys under Rule 795(d)(1)(iii). Does an in-house provider need a certain number of participants for all courses and activities, including video and audio replays? Answer: Yes. All in-house courses or activities must include at least five attorney participants (in addition to any speakers or other presenters) to qualify for CLE credit. This includes video and audio replays of courses or activities. What records must be kept with respect to in-house programs? Answer: The provider must maintain a list of the names of participants for three years after the date of the course or activity. The provider must also issue a certificate, in written or electronic form, to each participant evincing his or her attendance. Each list and certificate 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(d)(1)(ix). May attorneys from outside the provider, such as clients or other invitees, attend the in-house program? Answer: Yes, attorneys not employed by the provider may attend in-house programs. When a non-employee attorney (who is not employed by another in-house provider who is co-sponsoring the course) attends, the course is no longer considered an in-house course. Are fees charged with respect to in-house programs? Answer: Yes. An application fee is due if the in-house provider elects: (1) to accredit an individual program (using Form 1 ); or (2) to apply to be an Accredited CLE Provider (using Form 2 ). Please see the Fee Schedule available on the Board's web site to determine the appropriate application fee. If in-house providers receive payments for the course, activity or program, the provider is also responsible to pay the hourly attendance fee as set out in the fee schedule. May in-house providers who are Accredited CLE Providers co-sponsor courses or activities? Answer: Yes. In-house Accredited CLE Providers may co-sponsor a course or activity with other in-house providers who are not Accredited CLE Providers. However, if any of the other providers of the course or activity are not Accredited CLE Providers, accreditation of that course or activity must be sought on an individual course or activity basis as described in Rule 795(c). May government in-house providers who are Accredited CLE Providers co-sponsor a free course or activity with providers who are not Accredited CLE Providers? Answer: Yes. If a government entity is an Accredited CLE Provider and it co-sponsors a free course or activity with providers who are not Accredited CLE Providers, and the co-sponsors do not pay the government entity in connection with the course or activity, that course does not need to be accredited on an individual course or activity basis. Up to top Bar and Professional Association Meetings What is the definition of "professional organization" as that term is used in the Board's Fee Schedule? Answer: For purposes of the Board's fee schedule, "professional organization" is defined as and limited to: (1) a membership organization; (2) individual licensed attorneys make up at least 90 percent of the membership; (3) the organization is a not-for-profit entity; and (4) dues are less than $500 per year. A law firm would almost certainly not fall into this category. Under what circumstances do bar or professional association meetings qualify for CLE credits? Answer: A bar association or professional association meeting may qualify for CLE credits if substantive law, matters of practice, professionalism, diversity issues, mental illness and addiction issues, civility, or legal ethics are discussed. The discussion must have significant intellectual, educational or practical content, and its primary objective must be to increase each participant's professional competence as an attorney and must deal primarily with matters related to the practice of law. (Rule 795(d)(3).) Credits may be obtained at such meetings, whether or not a meal is provided. The time for any meal offered in conjunction with a course or activity may not be included in the CLE credit hour time. Whenever a meal is offered in conjunction with a course or activity, no less than 15 minutes must be allocated to the meal. Such course or activity is eligible for no more than one hour of credit per bar or professional association meeting. Does the bar or professional association need to issue certificates of attendance? Answer: Yes. The bar or professional association must issue a certificate, in written or electronic form, to each participant evincing his or her attendance. Such certificates 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 meeting. (Rule 795(d)(3).) What records must be kept by bar or professional associations? Answer: The bar or professional association must maintain a list of the names of all attendees at teach meeting for a period of three years. (Rule 795(d)(3).) Are bar or professional association meetings required to have written materials? Answer: Rule 795(a)(5) requires that all eligible CLE courses and activities should include thorough, high quality, readable and carefully prepared written materials. The Board, however, recognizes that the absence of such materials is reasonable for bar or professional association meetings of one hour or less as described above. Accordingly, written materials, although encouraged, are not absolutely required for these meetings. Are fees charged by the Board with respect to bar or professional association meetings? Answer: No. For bar or professional association meetings as described above, providers will not need to apply for accreditation. Although an application for accreditation need not be completed for bar or professional association meetings, for an attorney to claim credit for CLE hours meeting the professional responsibility requirement under Rule 794(d), approval by the Commission on Professionalism must be obtained. Otherwise, the CLE hours earned will be considered general CLE hours. Up to top Teaching Credits Can an attorney earn credits from teaching a CLE course? Answer: Yes if the CLE course has been accredited by the MCLE Board of the Supreme Court of Illinois. An attorney cannot claim credits for teaching a CLE course that is not accredited by the MCLE Board. Rule 795(d)(5)(i). How are credits calculated for teaching a CLE course? Answer: For purposes of calculating CLE credit, presentations are counted at the full hour or fraction thereof for the initial presentation and a repeat presentation of the same material is counted at one-half. No further hours may be earned for additional presentations of the same material. Time spent in preparation for a presentation at an approved CLE activity shall be counted at six times the actual presentation time. Rule 795(d)(5)(i) and (ii). When an attorney teaches a CLE course, what does the attorney need to do to obtain CLE credits? Answer: The course provider is responsible for issuing a teaching certificate to the attorney. Providers may use Form 10a : Certificate of Teaching – for Approved CLE Courses. That form provides information on how to calculate CLE credits for teaching a CLE course. Who is responsible for issuing certificates to those teaching accredited CLE courses? Answer: The provider of the accredited CLE course or activity is responsible for issuing appropriate certification documenting the name of the attorney, the course or activity's title, date and location and the number of Illinois MCLE credit hours earned. Can an attorney earn credits from teaching a law school course? Answer: Yes, in certain circumstances. Teaching credit may be earned for teaching law courses offered for credit toward a degree at a law school accredited by the ABA, but only by lawyers who are not employed full-time in any capacity by a law school. Full-time law teachers who choose to maintain their licenses to practice law are fully subject to the MCLE requirements established herein, and may not earn any credits by their ordinary teaching assignments. Rule 795(d)(6). Teaching credit may be earned by appearing as a guest instructor, moderator, or participant in a law school class for a presentation which meets the overall guidelines for CLE courses or activities, as well as for serving as a judge at a law school moot court argument. Appearing as a guest speaker before a law school assembly or group shall not count toward CLE credit. Rule 795(d)(6). How are credits calculated for teaching a law school course? Answer: For purposes of calculating CLE credit, presentations are counted at the full hour or fraction thereof for the initial presentation and a repeat presentation of the same material is be counted at one-half. No further hours may be earned for additional presentations of the same material. Time spent in preparation for an eligible law school activity shall be counted at three times the actual presentation time. Rule 795(d)(6). When an attorney teaches a law school course, what does the attorney need to do to obtain CLE credits? Answer: The law school is responsible for issuing a teaching certificate to the attorney. Law schools may use Form 10b : Certificate of Teaching – for Part-Time Teaching. That form provides information on how to calculate CLE credits for part-time teaching of a law school course. Can an attorney earn credits from teaching a law course at a university, college or community college? Answer: Yes if the course is a law course. Teaching credit may be earned for teaching law courses at a university, college, or community college by lawyers who are not full-time teachers if the teaching involves significant intellectual, educational or practical content, such as a civil procedure course taught to paralegal students or a commercial law course taught to business students. Teaching courses of general interest to the public that include aspects of the law does not earn CLE credit. Examples of such courses are a genealogy course or a course on purchasing real estate from foreclosure. How are credits calculated for teaching a law course at a university, college or community college? Answer: For purposes of calculating CLE credit, presentations are counted at the full hour or fraction thereof for the initial presentation and a repeat presentation of the same material is counted at one-half. No further hours may be earned for additional presentations of the same material. Attorneys do not earn any CLE credit for preparation time in teaching a law course at a university, college or community college. When an attorney teaches a law course at a university, college or community college, what does the attorney need to do to obtain CLE credits? Answer: The university, college or community college is responsible for issuing a teaching certificate to the attorney. Universities, colleges and community colleges may use Form 10b : Certificate of Teaching – for Part-Time Teaching . That form provides information on how to calculate CLE credits for part-time teaching of a law course at a university, college or community college. Who is responsible for issuing certificates to those teaching law school courses on a part-time basis or law courses at a university, college or community college? Answer: For part-time teaching of law school courses at an ABA-accredited law school, or teaching a law course at a university, college or community college, the school is responsible for issuing appropriate certification to each attorney faculty member, documenting the name of the attorney, name, date and location of the course, breakdown of categories of credit and the total number of Illinois MCLE credit hours earned. How do you calculate credit for panel presentations conducted at approved CLE courses or activities, or as part of the part-time teaching of law school courses or law courses at a university, college, or community college, including panel judging of moot court competitions involving law students? Answer: Credit may be earned for participating in panel presentations conducted as part of courses or activities accredited by the MCLE Board, as well as those panel discussions that are conducted as part of the part-time teaching of law school courses or university, college or community college law classes. Here are some guidelines on calculating the hours of CLE credit available for such panel presentations: To calculate the number of credits available for each speaker participating in a panel presentation conducted as part of an approved CLE course or activity, the total time of the panel presentation is divided by the number of panelists ("individual panel time"). Time spent in preparation for such panel presentations will be counted no more than six times the individual panel time. To calculate the number of credits available for each speaker participating in a panel presentation conducted as part of an ABA-accredited law school course, the total time of the panel presentation is divided by the number of panelists ("individual panel time"). Time spent in preparation of such panel presentations will be counted as no more than three times the individual panel time. To calculate the number of credits available for each speaker participating in a panel presentation conducted as part of a law course at a university, college, or community college, the total time of the panel presentation is divided by the number of panelists ("individual panel time"). No credit is given for time spent in preparation for such panel presentations. Must a panelist speak for at least 30 minutes to earn MCLE credit? Answer: No. But it is advisable that a panelist speak for at least 15 minutes on a panel that lasts for at least 30 minutes. How do you calculate the credit to be issued when two or more attorneys co-teach a CLE course, a law school course or a law course at a university, college, or community group? Answer: Credit may be earned for co-teaching of courses or activities accredited by the MCLE Board, as well as for part-time co-teaching of law school courses or university, college or community college law classes. To calculate the number of credits available for each co-teacher of an accredited CLE course or activity, the total time of the course presentations is divided by the number of co-teachers ("individual teaching time"). Time spent in preparation for such co-teaching shall be counted no more than six times the individual teaching time. To calculate the number of credits available for each co-teacher of an ABA-accredited law school course, the total time of the course presentation is divided by the number of co-teachers ("individual teaching time"). Time spent in preparation for such co-teaching shall be counted no more than three times the individual teaching time. To calculate the number of credits available for each co-teacher of a law course at a university, college, or community college, the total time of the course presentation is divided by the number of co-teachers. No credit is given for time spent in preparation for such teaching or co-teaching. How do you calculate the credit to be issued for moderating a law school class in a part-time capacity? Answer: Credit may be earned for moderating a law school class in a part-time capacity. The moderator shall receive the same credit as a panel member ("moderator time"). Time spent in preparation for moderating such a session shall be counted no more than three times the moderator time. Can a speaker at an accredited MCLE course or activity also claim credit for authorship or co-authorship of written materials for approved CLE course or activity? Answer: No. The speaker's credits are limited to the presentation time and the preparation time as detailed in Rule 795(d)(5)(i) and (ii). If, however, another attorney or attorneys prepared the written materials for an approved CLE course or activity but did not speak at the course or activity, the attorney or attorneys who authored or co-authored the written materials qualify for CLE credit on the basis of actual preparation time. Those authors or co-authors are limited to receiving no more than 10 hours of credit in any two-year reporting period from such authoring or co-authoring. Rule 795(d)(5)(iii). Who is responsible for issuing certificates to those attorneys participating in law school moot court arguments? Answer: The ABA-accredited law school or organization hosting a moot court argument for law students is responsible for issuing appropriate certification to each participating attorney, documenting the name of the attorney, the name of the moot court program, date and location of the argument, and the number of Illinois MCLE credit hours earned. Up to top Other Nontraditional Activities In what cases will law school courses meet CLE requirements? Answer: Under certain circumstances, an attorney can receive CLE credit by attending a J.D. or graduate level law course offered by an American Bar Association accredited law school. Credit ordinarily is given only for courses taken after admission to practice in Illinois, but the Board may approve giving credit for courses taken before admission to practice in Illinois if giving credit advances CLE objectives. The attorney needs to comply with the registration procedures of the law school, including the payment of tuition and rules for attendance, participation and examination, if required for the course. Credit toward CLE requirements are for the actual number of class hours attended, but the maximum number of credits that may be earned during any two-year reporting period by attending courses offered by an ABA-accredited law school is the maximum CLE hours for the reporting period. In other words, no "carryover" credits may be earned by attending a law school course. (Rule 794(c).) In terms of documentation, the law school must give each attorney a written certificate evincing that the attorney has complied with the requirements for the course and attended sufficient classes to justify the awarding of course credit if the attorney is or were taking the course for credit. What cross-disciplinary programs are eligible for CLE credits? Answer: Courses or activities that cross academic lines, such as accounting-tax seminars or medical-legal seminars, can be submitted to the MCLE Board for consideration of accreditation. CLE credit is available only for sessions deemed appropriate for CLE purposes. May an attorney earn CLE credits by serving as a judge at a law school moot court argument? Answer: Yes. To obtain such CLE credit, an attorney must serve as a judge at least one session in which the participants argue the case presented in the law school moot court competition. Under Rule 795(d)(6), credits are only available for law school moot court arguments. Mock trial, trial advocacy and dispute resolution simulations involving law students are not included in Rule 795(d)(6) and, therefore, do not qualify for CLE credit. Likewise, serving as a judge or coach for competitions involving college students, high school students, middle school students or elementary school students do not qualify for CLE credit. As detailed above, the total time of the moot court argument is divided between the attorneys serving as judges. For example, each attorney on a 3-judge panel for a 60-minute moot court argument earns 20 minutes of presentation time plus 60 minutes of preparation time (20 minutes times 3) for a total of 80 minutes or 1.25 Illinois CLE credits. What requirements and limitations apply to legal scholarship credits? Answer: As stated in Rule 795(d)(7), the activity of "writing law books and law review articles" qualifies for CLE credit. Law books include legal textbooks, casebooks, treatises and other scholarly legal books. An attorney can earn credit for writing law-related articles in responsible legal journals or other recognized legal sources that deal primarily with matters related to the practice of law. Published articles, including those published in bar association and professional organization journals, quarterlies and newsletters also qualify if the topic is substantive and deals with the practice of law. Published articles that focus on an organization's internal matters, fundraising efforts or social opportunities do not earn CLE credit. An attorney can earn also credit for writing law-related articles in responsible legal journals or other recognized legal sources that deal primarily with matters related to professionalism, diversity issues, mental illness and addiction issues, civility or ethical obligations of attorneys. If an attorney wants to claim professional responsibility credit for writing an article, the attorney must obtain approval of those credits from the Commission on Professionalism. The Commission's web site is www.ilsccp.org and the telephone number is 312-363-6210. For law books and law-related articles, the attorney can earn credit within any two-year reporting period only if the work was published during that particular reporting period, regardless of when the work was written. Republication of an article does not earn additional CLE credit for the attorney unless the author made substantial revisions or additions. An attorney may earn credit toward CLE requirements for the actual number of hours spent researching and writing, but the maximum number of credits that may be earned during any two-year reporting period on a single publication is half the maximum CLE hours required for that reporting period. To receive CLE credit, the attorney needs to maintain contemporaneous records evincing the number of hours spent on a publication. Can an attorney claim MCLE publication credit for two separate publications in the same two-year reporting period? Answer: Yes but the two publications must be different articles and not merely a reprint of the same publication in another location. What types of activities do not qualify for MCLE publication credit? Answer: The following activities do not qualify for MCLE publication credit: Editing any legal writing written by someone else; Writing an article or other written work appearing in a publication for general circulation or in a publication directed to a non-lawyer audience; Legal research-based writing appearing in any publication, whether print or electronic, that is controlled by the applicant or by the applicant's firm or employer; and Briefs, pleadings or other documents that have been submitted to a court in any pending case or proceeding or prepared in connection with the representation of a client. Up to top
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