What is Mandatory Continuing Legal Education?

Mandatory Continuing Legal Education, a program adopted by the Supreme Court of Kansas in 1985, establishes minimum requirements for continuing legal education for Kansas attorneys. The program is administered by the Kansas Continuing Legal Education Commission. Supreme Court Rule 801(a). Supreme Court Rule 801(b) established a Commission of seven members, appointed by the Supreme Court. The Commission members include five practicing attorneys, a representative from each of the University of Kansas and Washburn University Schools of Law, one non-attorney and a Justice or Judge.

What is the purpose of the program?

To ensure that every active member of the State Bar of Kansas pursues a plan of continuing legal education throughout his or her career to remain current with the law in our rapidly changing society. Other benefits are expected to accrue from increased opportunities for CLE and from the opportunity for exchange of ideas among attorneys practicing in the same fields.

Who administers the MCLE program?

Who must comply with the MCLE requirements?

Every active Kansas attorney must comply with the requirements unless covered by an exemption under Supreme Court Rule 802(d).

What is the active, but not practicing exemption?  Supreme Court Rule 802(d)(2)?

Under Supreme Court Rule 802(d)(2), attorneys who are not practicing law in the state of Kansas may claim an exemption from CLE hourly requirements but maintain an active license.  Claiming the 802(d)(2) exemption is not the same as claiming inactive status with the Clerk of the Appellate Courts and CLE Commission.  The exemption only affects your status with the CLE Commission.  You are still responsible for all fees necessary to maintain an active license with both offices.

Do I need to wait until I receive a registration form to change my status?

No. In order to change your status to inactive or active, please submit a written request to our office with any required fees. You will need to make a separate request to the Attorney Registration Office.

How are Mandatory Continuing Legal Education records kept?

The attorney Supreme Court registration number is required on all correspondence and documents submitted to the Commission. What is it, where can it be found, and why is it necessary?

An attorney's Supreme Court registration number is the original docket number for application to the Bar. It never changes. It is on the card issued by the Clerk of the Appellate Courts. Name changes, nicknames, and illegible handwriting are just a few of the reasons for utilizing the Supreme Court registration number for data entry instead of a name. Paperwork will not be processed without a Supreme Court registration number.

Is the Kansas CLE Commission the same as KBA-CLE?

No. The Kansas Bar Association is a voluntary professional association that is a sponsor of continuing legal education programming. The Kansas Bar Association can be contacted at 785-234-5696.

Does Kansas have an ethics requirement? What is the required number of CLE hours?

Effective July 1, 1992, Kansas requires that of the twelve hours of mandatory CLE required each registration period, at least two hours shall be in the area of professional responsibility. Professional responsibility includes instruction in legal ethics, professionalism, and malpractice prevention.  Such instruction shall include but is not limited to programs which focus on the Supreme Court Rules Relating to Discipline of Attorneys and/or the Rules as they directly relate to law firm management, attorney fees, substance abuse, and the duties of attorneys to the judicial system, public, clients, and other attorneys. Supreme Court Rule 802(a).

What dates constitute a registration period?

The period from July 1 through June 30 is the Kansas CLE compliance period.

When do I become responsible for fulfilling CLE requirements?

Under Supreme Court Rule 802(d)(1), attorneys have a grace period from the date they are admitted until the first July 1 following admission. For example, an attorney admitted in February will be responsible on July 1 (a grace period of 5 months). An attorney admitted in September will also be responsible on the next July 1 (a grace period of 10 months).  Attorneys may attend programming anytime after being sworn in. Those hours will be credited to the first year end.

May I carry over excess credit hours?

Is an annual report required?

Supreme Court Rule 802(c) provides that CLE credit hours shall be reported to the Commission in such form and manner as the Commission shall prescribe.

Each year, the Commission provides Kansas attorneys with one interim transcript mid-year and one annual report after the compliance period has closed in August. If the annual report corresponds with your records, no action need be taken; it will be filed automatically as your annual report. If changes are necessary, the appropriate instructions and forms are included with the transcript.


Must I report to the Commission each time I attend a CLE activity?

Yes. Attorneys and/or sponsors are required to report attendance within 30 days to the Commission by submitting a Kansas affidavit with the attorney name and Supreme Court registration number. During the compliance period, credit is not denied for late submission of affidavits. Prompt cooperation assists in maintaining accurate and current records.  If it is an out-of-state program, it is the attorney's responsibility to file the appropriate paperwork not the sponsor.  The attorney must complete the application for approval of CLE activity and attach a copy of the agenda if the program has not already been accredited in Kansas.

I attend programs both in-state and out-of-state. How do I apply for credit for each of these?

Most sponsors are familiar with the application and reporting procedures in Kansas. In-state sponsors will have the appropriate Kansas affidavit for your signature. Sign and return the affidavit to the sponsor. The sponsor will send all attendance forms to the CLE office in one packet.

For out-of-state programs, many sponsors will have applied for credit prior to the program. Ask for the Kansas affidavit. If one is not available and credit has not been applied for, complete the application for approval of CLE activity and attach a copy of the agenda within 30 days of the activity. An affidavit will be issued directly to you. If the Kansas affidavit is available, you are responsible for filing the executed affidavit with the Commission within 30 days of the activity.

An attorney may apply for credit independently for any program except those considered alternative (telephone or webcast) by Kansas rules. Complete the application for approval of CLE activity. Attach a copy of the program agenda or brochure for computation of CLE/ethics hours. If further information is needed, the Commission will contact you.

How are continuing legal education hours calculated?

Allocation of continuing legal education hours is never arbitrary. Instead, each 50 minute segment of actual instructional time constitutes 1.0 CLE hour.

Instructional periods of less than 1 CLE hour are rounded down to the nearest half hour.

Example: Minutes

9:00 to 9:15                Introduction & Welcome               No credit
9:15 to 10:30              Instruction                                   75 minutes
10:30 to 10:40            Break                                          No credit
10:40 to 12:00            Instruction                                    80 minutes
12:00 to 12:15            Question & Answer                       15 minutes
                                 Total                                            170 minutes

Do seminars have to be attended in the state to receive Kansas CLE credit?

No. CLE courses in any state or country may qualify for credit as long as they meet Kansas accreditation standards and the appropriate application procedures are followed. Course content, not location, is the controlling factor.

Is there a limit on the number of CLE hours an attorney may attend in one day?

Yes.  In Kansas, no attorney may receive more than 8 hours of credit in one day of CLE attendance.

Are programs delivered electronically eligible for CLE credit?

Under certain conditions, Kansas allows credit for programs offered by alternative delivery method. Those programs meeting the standards will be listed on the Calendar of Approved Programming at our website. Application for approval of alternative delivery programming will only be accepted from sponsors, not individual attorneys. Confirmation of attendance also must be submitted by the sponsor with supporting information including login/logoff times. Professional responsibility credit can be earned through alternative delivery method but remember that both professional responsibility and alternative hours are not eligible for carryover credit. There is also a limit of 5 hours of alternative delivery credit that can be earned each compliance period.

It is difficult to get away from the office for live CLE seminars. I'd like to secure my CLE hours by a correspondence course or by self-study. Are these options available to me?

Does Kansas approve in-house programs?

Kansas does approve in-house programs as long as they meet the criteria set forth in CLE Rule 4.13. No attorney may claim more than 5 hours of in-house credit in one compliance period. Applications for approval of an in-house activity must be received by the Commission 30 days in advance of the program.

May I receive credit under the MCLE program for attending a course offered by a law school?

Yes. Courses offered by an ABA accredited law school shall receive credit on the same basis as other CLE providers. No credit is available for law school courses which count towards a J.D. degree. However, LL.M. coursework is accepted. Law school courses may be audited for CLE credit. The semi-annual Bar Review courses in a classroom setting also qualify for CLE credit.

I will be making a presentation for a professional group that is not comprised of attorneys. May I be granted teaching credit for teaching a non-attorney audience?

How will I know how many continuing legal education credit hours I will be awarded for teaching or writing published articles?

You must apply for teaching credit or authorship credit on the prescribed form. A formula that considers preparation time, as well as your presentation time, is used to calculate the maximum amount of credit you will qualify for. You will be issued an affidavit of accreditation stating the CLE hours granted. A copy of the signed affidavit should be made for your personal file. The executed affidavit must be returned to the Commission office for credit to be recorded.

How is teaching credit determined?

Supreme Court Rule 805(d) provides for up to 5 hours of CLE credit for each 50 minutes of instruction at an approved continuing legal education activity. No credit will be awarded for less than 25 minutes of instructional time.

Teaching credit is not awarded for conference planning or moderating and will not be awarded for teaching to a non-attorney audience. Teaching credit will not be considered for carryover credit.

I prepared, the written materials used in association with a CLE presentation. If someone else teaches the course or it is cancelled, may I receive any credit?

I prepared written materials in conjunction with the teaching I did at a recent seminar. Do I apply for both teaching credit and authorship credit?

No. Supreme Court Rule 805(d) provides that the Commission may award up to 5 CLE credit hours for each one hour of instruction. This enhanced credit takes into account the preparation of quality written materials as provided under Supreme Court Rule 804(d).

I am working on an article for a journal directed to a non-attorney audience. Can I be granted continuing legal education credit for time spent developing this treatise?

The Commission can award authorship credit upon application by the attorney, if the article meets the criteria established by the rules. The material must be published in the form of articles, chapters, monographs, or books, personally authored, in whole or in part by the applicant. It must also
contribute substantially to the continuing legal education of the applicant and other attorneys.

I received a notice of failure to pay the CLE fee, but I have a cancelled check made out to the Clerk of the Appellate Courts. What is the problem?

Two separate fees are required for annual registration to practice law in Kansas: a fee to the Supreme Court and a fee to the Kansas Continuing Legal Education Commission. These fees are invoiced separately and are remitted to different locations. For receipt of the annual CLE fee, a post office box is utilized. Do not utilize this box for purposes other than receipt of the annual fee.

The CLE fee is required of all attorneys registered with the Clerk of the Appellate Courts as ACTIVE, including those attorneys claiming 802(d)(2) exemptions.

I never received a notice that I needed to pay the annual fee.

It is your responsibility to pay the annual registration fee by July 1 of each compliance period whether or not you receive a notice.

Are extensions of time to complete CLE requirements available?

I need a copy of my CLE history. Where can I get it?

All attorneys are provided with the interim transcript (issued in March) and an annual report (issued in August) as part of the annual registration fee. In addition, 5 years of CLE records are available online for attorneys who have registered for online access. Additional copies of your CLE history may be requested in writing at a cost of $10 per compliance period. Current transcripts are available at a charge of $5.

Where do I call if I have questions?

The CLE Commission has an office at 400 S. Kansas Ave., Ste. 202, Topeka, Kansas 66603. The Commission may be reached by phone at 785-357-6510.