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Frequently Asked CLE Questions
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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 four practicing attorneys, a representative
from each of the University of Kansas and Washburn University Schools of Law, 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?
The program is administered by the
Kansas Continuing Legal Education Commission. Supreme Court Rule 801(a). The Commission
is located at 400 S. Kansas Ave., Ste. 202, Topeka, Kansas 66603. (785) 357-6510.
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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.
How are Mandatory Continuing
Legal Education records kept?
Each attorney is responsible for
maintaining a personal CLE file. However, each compliance period, the Commission
provides one interim report and one annual report to each attorney. These should
be included in your permanent personal CLE file.
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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. Affidavits 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.
The Kansas Bar Association can be contact at 785-234-5696 or P.O. Box 1037, Topeka,
Kansas 66601.
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).
To meet the ethics requirement in
Kansas, instruction must be in blocks of time specifically devoted to professional
responsibility. Ethics topics interspersed throughout a CLE program in time segments
of less than 25 minutes, although desirable from a programming perspective, will
not be counted for ethics credit in Kansas. Issues related to ethics may be included
as part of a program highlighting another area of the law, as long as the ethics
portion is in identifiable blocks of time.
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What dates constitute a registration
period?
The period from July 1 through June
30 is 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). New attorneys
are responsible for attending a new attorney practical skills course as their first
year requirement. This program may be attended at any time after the attorney
is sworn in. More information is available at the section of the website on
the practical skills requirement.
May I carry over excess credit
hours?
Beginning with the 1999-2000 compliance
period, Kansas will allow attorneys to carryover a total of 10 CLE hours to the
next compliance period. The following hours are not eligible for carryover
credit: professional responsibility, authorship, in-house, guardian ad litem
or teaching. The attorney will file no additional paperwork if they have hours
eligible for carryover credit. This process will be accomplished automatically
at the end of the compliance period and will be noted on your next year's transcripts.
All hours must be filed by July
31 to be eligible for consideration as carryover credit.
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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 two interim transcripts and one annual report. 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. Credit is
not denied for late submission of affidavits, but 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.
All affidavits for the previous
compliance period must be received in the Commission office by 5 p.m. on July 31
to be eligible for carryover credit. Hours received after that date for attendance
between July 1 and June 30 will be assessed a $50.00 late charge.
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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.
On 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 (or request for affidavit for preapproved sponsor,
if applicable) and attach a copy of the agenda. 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. Complete the application for approval of CLE activity. Attach a copy
of the program agenda or brochure for computation of CLE/ethics hours. If the materials
are voluminous, attach a copy of the table of contents. In many instances, another
individual or the sponsor may have already submitted written materials. If further
information is needed, the Commission will contact info you.
Supreme Court Rule 803(d) provides
that sponsors or individuals should apply 60 days before the activity. While this
is ideal, it is not always practical. Application can take place after a program;
however, do not assume credit will be granted.
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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
170 minutes divided by 50 = 3.40
= 3.0 CLE hours
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Do I have to attend seminars
in Kansas?
No. Approved CLE courses in any
state or country will qualify for credit as long as they meet Kansas accreditation
standards and the appropriate application procedures are followed. Course quality,
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.
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?
There is no provision for self-study
or correspondence course work in Kansas. Exceptions may be granted for physical
limitations which restrict an attorney's ability to be mobile, sit, see, or hear.
It is the consensus of the Commission that the 12 hour requirement is so minimal
as to make provisions for self-study unnecessary except in unique situations. The
Commission does approve satellite and video tape presentations when a qualified
instructor is on hand to respond to questions and moderate discussion.
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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.
**Definition of in-house activity:
continuing legal education program sponsored by a single private law firm, a single
corporate legal department, or a single federal, state, or local government entity
for lawyers who are members or employees of the firm, department, or entity.
The Commission does not consider a regional activity which includes individuals
from a variety of locations an in-house activity. (For example, attendees
representing the same entity from three or four states.)
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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 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?
No. Because teaching credit is awarded
as an incentive for attorneys to enhance or benefit the legal profession by teaching
other attorneys. Teaching must be in association with an approved continuing legal
education program and directed toward an audience composed primarily of attorneys
(ie., 51% of the audience members are attorneys).
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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. 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 and will not be awarded for teaching to a non-attorney audience.
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?
No.
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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.
Continuing legal education credit
cannot be considered until the book, article, or monograph is PUBLISHED. If awarded,
credit would be allocated to the compliance period in which publication took place,
which may or may not be when the research occurred.
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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.
Are extensions of time to
complete CLE requirements available?
Beginning with the 1999-2000 compliance
period, no extension of time is allowed. An attorney should maintain enough
hours through the carryover requirement to plan for illness, financial or other
extraordinary hardship, or extenuating circumstances beyond the control of the attorney.
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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, CLE records are available online
beginning with the 2000-01 compliance period for active 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.
Corrections and requests for information
should be made in writing. Information regarding CLE compliance is not given over
the phone. Two interim reports and one annual report are provided yearly to assist
attorneys in planning. Remember, sponsors have 30 days following the program to
report attendance but if the program is held outside the state of Kansas it is your
responsibility to submit the appropriate paperwork.
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