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What constitutes acceptable written materials in an application to accredit a course for Illinois MCLE credit?

 Supreme Court Rule(s) cited in this FAQ: Rule 795 .

Written materials fulfill a valuable role in the overall learning experience for attorneys participating in a CLE course:

1. The written materials make it much more likely that the speaker is organized and prepared to teach;
2. They alleviate the need for attorneys to take extensive notes, allowing them to concentrate on the oral presentation; and
3. They are a valuable resource for attorneys after they leave the course.

Given the vital role that written materials play, those preparing the written materials need to understand how the written materials relate to the preparation, presentation, and subsequent application of the course content. 

Rule 795(a) of the Court’s MCLE Rules establishes the content standards for course accreditation, requiring that the course must:

• “have significant intellectual, educational or practical content, 
• “deal primarily with matters related to the practice of law” and
• have as “its primary objective…to increase each participant’s professional competence as an attorney.”

The written materials for a course content must reflect a course meeting these accreditation standards. 

A provision of Rule 795 specifically addresses the requirements for written materials. In Rule 795(a)(5), the Court requires:
“Thorough, high quality, readable and carefully prepared written materials should be made available to all participants at or before the time the course is presented, unless the absence of such materials is recognized as reasonable and approved by the Board.”

The written materials for the course must satisfy each aspect of Rule 795(a)(5)’s requirements, with the accreditation standards for the course being integral to the preparation of written materials.

Thorough: 
The written materials must cover the content expected for a thorough and professional presentation and discussion of the course’s subject matter. To be thorough, the written materials must establish that:
    
(1) the course has significant intellectual, educational, or practical content, 
(2) the course deals primarily with matters related to the practice of law, and 
(3) the course’s primary objective is to increase each participant’s professional competence as an attorney. 

Occasionally, a provider will assert that the course content meets the accreditation standards of Rule 795(a), while the written materials don’t reflect that course content. In those situations, the written materials are insufficient for accreditation because they do not thoroughly present the course content.

The written materials must stand independently as an instructional tool rather than merely a document aiding the speaker’s presentation. Examples:

• Brief outlines without citations and explanatory information for each outline detail are not sufficiently thorough to accredit a course.
• PowerPoints containing primarily photos, videos, memes, charts, graphs, or questions with little or no substantive content are not sufficiently thorough to accredit a course.
• Even though each accreditation application must contain brief speaker biographical information to determine whether the speaker is qualified to teach the course, that resume, bio, or curriculum vitae does not qualify as written materials for a course.
Topics beyond traditional black letter law and lawyering skills are eligible for accreditation—the MCLE Board has accredited such courses since its inception. But for such courses, the written materials and the course content must show how the presenter or presenters relate the topic to attorneys, the practice of law, or the legal profession in general. If the speaker could deliver the course’s content and written materials to any audience, the course generally does not qualify for CLE credit. See FAQ P301.

The Board strongly suggests that a speaker begin preparing to teach by preparing learning objectives—what an attorney attending will know or be able to do at the end of the course. Those learning objectives serve as a helpful guide in that preparation, and attorneys appreciate knowing those objectives before or at the beginning of the course.

High quality:
The written materials need to include timely and accurate content written at the level to reflect significant intellectual, educational, or practical content dealing with matters related to the practice of law and with the primary objective of increasing each participant’s professional competence as an attorney.

Readable:
The written materials must be readable, as a hard copy or an electronic copy, and must be distributed at the course or before it begins. If the course provider distributes written materials in hard copy, the provider must distribute adequate copies for all attendees and speakers, including discussion leaders.

Carefully prepared:
For the written materials to be considered carefully prepared, at least some of them need to be prepared specifically for the course identified in the application. In almost all situations, at least one of the presenters prepares written materials that reflect the course content.

On rare occasions, one of the presenters or someone not speaking at the course previously wrote a document that reflects the specific content of the course identified in the application. Such documents can meet the standards as written materials for a course, but the provider must secure all necessary copyright clearances to use all written materials distributed for the course.

If the course provider distributes a book or other lengthy publication as a course’s written materials, the provider needs to include a substantive outline of the points the course will cover. The relevant section of the table of contents can be used as the starting point for this outline but the table of contents of a book or other lengthy publication does not constitute carefully prepared written materials. If the course will cover only specific chapters or sections, the substantive outline may include only those chapters or sections.

Documents written by those not speaking at the course and published for another purpose or general publication are typically supplementary resources rather than written materials for the course.

Photocopies of statutes, court opinions, or regulations, without notations or other explanatory material, do not satisfy Rule 795(a)(5)’s requirement for carefully prepared written materials.

Written Materials for Professional Responsibility Credits
For information on specifics about written materials for professional responsibility credits, including diversity and inclusion, and mental health and substance abuse topics, please consult the Commission on Professionalism’s website, 2civility.org.

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