- Instructional Materials PrintableOnline
Definition of Instructional Materials
Kansas Supreme Court Rule 805(c)(4) requires that "thorough, high quality, readable, useful, and carefully prepared instructional materials must be made available to all participants by the time the program
is presented, unless the Board approves the absence of instructional materials. A brief outline without citations or explanatory notations will not be sufficient."
In order for CLE credit to be granted, this requirement must be satisfied by all courses, regardless of duration or format. Exception to the requirement should be determined well in advance of the activity.
Purpose of the Requirement:
- Course Preparation - It insures thorough course preparation by the provider and
presenter. Generally, the provider must furnish materials prepared specifically for the
course and the subject matter addressed. The distribution of copies of cases or statutes
without customized materials is not acceptable.
- Useful Materials - - It ensures that the attendees will receive materials that are useful
after the course is completed. Materials provided should be sufficient to assist the
attendee when questions regarding the covered subject matter are raised at a later
date and to serve as a general resource after course completion.
- Supporting Information for Accreditation - It allows the Kansas CLE staff and the Board
to evaluate the quality and nature of the course and the actual subject matter being
covered. Occasionally, neither the title of the course submitted on an application nor the
agenda for the presentation provides sufficient information about course content to allow
evaluation. Review of the written materials provided to course attendees allows Kansas
CLE Staff and the Board to assess the quality and subject matter of the course and to ensure
that the topics addressed are appropriate for accreditation purposes. The requirement to
provide written materials can be satisfied by providing printed copies or copies stored on
electronic media. It may also be satisfied by allowing attendees access to electronic copies
available for downloading
- Delivery - The materials must be delivered to the attendee by the time the program is presented.
- Written Matierals - As stated above, written materials are considered an important part of the educational process. Lecture format programs are expected to provide traditional written materials. For interactive "guided discussions," Kansas CLE staff will work closely
with providers to develop options for alternative materials so that the integrity of the rule is maintained. Blogs and websites may be used as supplemental resources but cannot be
the sole written materials. There should be materials distributed that are specifically relevant to the program. Providers should contact Kansas CLE during the planning of the program to review possible alternatives.
- Ethics Professionalism PrintableOnline
All actively licensed attorneys are required to complete a minimum of 2 hours of CLE in the area of ethics and professionalism by the end of each compliance period. Supreme Court Rule 804(a)
- Ethics Definition - Ethics refers to the standards set by the Kansas Rules of
Professional Conduct with which lawyers must abide to remain in good standing as
members of the Kansas bar. Programming is accreditable when it instructs attorneys
on compliance and duties under those rules.
- Professionalism Definition - Professionalism is conduct consistent with the tenets of
the legal profession as demonstrated by a lawyer's civility, honesty, integrity,
character, fairness, competence, ethical conduct, public service, and respect for the rule
of law, the courts, clients, other lawyers, witnesses, and unrepresented parties.
Professionalism also includes lawyer well-being and the promotion of diversity and
inclusion of minorities in the legal profession, including but not limited to race,
religion, color, sex, disability, national origin or ancestry, familial status, sexual
orientation, and gender identity. The general goal of including professionalism as
accreditable CLE is to create a forum in which lawyers, judges and legal educators can
explore and reflect upon the meaning and goals of professionalism in contemporary
- Well-Being Accreditation - Programs that address a broader scope of topics that are
related to mental health, substance abuse, mindfulness, work/life balance and other
similar topics that impact malpractice prevention and ethics will be considered for
professionalism credit. These programs must be presented to an attorney audience and
relate directly to the practice of law.
- Ethics Issues in Another Topic - Ethics included as part of another topic does not
qualify for ethics and professionalism credit. "Integration of legal ethics or ethics and
professionalism issues into substantive law topics is encouraged, but integrated
material does not count toward the two-hour minimum annual ethics and
professionalism requirement." Supreme Court Rule 805(c)(7). To qualify, the session
must focus on ethics and be clearly marked in a block of time on the agenda.
- Non-Attorney Ethics - Programs pertaining to ethics generally but not to ethics and
professionalism issues specifically applicable to attorneys may meet the requirements
for general CLE credit, but are not eligible for ethics and professionalism credits.
Examples - Topics and types of courses that do not qualify for ethics and professionalism credit:
Ethics in Government - Programs that focus on standards of conduct applicable to non-attorney employees, even though presented to attorneys, including:
• the ethical standards applicable to governmental employees, federal legislators, governmental contractors;
• United States' employees' compliance with the Presidential Executive Order requiring a standard of conduct higher than bar ethical rules might require;
• educating the government attorneys in these standards to enable that attorney to better advise a legislative and/or executive branch client on the applicable standards.
Litigation Tactics - Programs that focus primarily on rules of evidence and rules of procedure and not on applicable rules of professional conduct or codes of ethics and professionalism.
Ethics of Other Professions, such as business/corporate/medical ethics. Programs that, although presented to lawyers, focus on:
• an analysis or the application of ethical standards governing members of a profession other than the legal profession, e.g. ethics for accountants, realtors, etc;
• an analysis or the application of ethical standards appropriate for executives, corporate officers, and employees;
• an analysis or the application of medical ethics, "bioethics," or "biomedical" ethics;
• educating the lawyer in these standards to enable that lawyer to better advise a client on the applicable standards.
- In-House Live Programs PrintableOnline
Kansas CLE allows credit for in-house programming under CLE Rule 805(a)(2).
- Definition - An in-house live program "means a live program offered by
invitation to a select audience that is not open for attendance by other
members of the legal community." Rule 801(i). The program must meet the
standards set out by Rule 805. Whether a program will be classified as inhouse is determined by the attendees and advertising, not the provider of the
education, format, or the location.
- Advertising to General Attorney Audience - A CLE program will be
considered in-house unless the program is open and advertised to a general
attorney audience. The advertisement must be distributed ahead of the
program to give the audience a reasonable amount of time to register.
- Applications and Attendance Reporting - The provider issuing
invitations to the program is responsible for applying for program approval
under Rule 805 and reporting attendance under Rule 806. The application
must be submitted to the CLE Office no later than 21 days before the inhouse live program occurs.
- Electronic Live and Prerecorded Programs PrintableOnline
Electronic Live Programming Definition - The definition of “live program” under Rule
801(k) includes a CLE program offered through an electronic medium at a set time during which
the attorney has the ability to contact the moderator or presenter to comment and ask questions.
Such a program is referred to as an “electronic live program” in these guidelines and includes
webcasts and teleconferences. An electronic live program will be accredited in the same manner
as a live in-person program and must comply with the standards in Rule 805(c). Login/logoff
times are required.
Prerecorded Programming Definition - Prerecorded programming is defined in Supreme Court Rule 801(m) as an on-demand CLE program accessible through an electronic medium
solely by an individual attorney in a format approved byKansas CLE. Regardless of format, the
program must comply with the standards in Rule 805(c). The provider must meet the interaction
and verification standards provided in these guidelines and make application for approval of the
program. Application for approval of a prerecorded program will not be accepted from an
- Provider Verification - The provider must have procedures in place to independently
verify an attorney’s completion of a program. Verification procedures may vary by format and
by provider. The provider should consider the format in which a CLE program is offered in
order to design an appropriate verification procedure. For example, verification may consist
of pop-up boxes, attendance tracking, polling questions or codes announced during the
program. The method must allow the provider the ability to independently verify that an
attorney has completed the entire program. An attorney affidavit attesting to the completion
of a program is not by itself sufficient. The provider may issue a certification of attendance
only after the provider has independently verified attorney attendance. Kansas CLE will
consider approval of all methods of independent provider verification when determining
accreditation of a CLE course.
- Reporting Attendance - Attendance must be reported by the provider in the manner prescribed by Rule 806(a)(2).
- Shelf Life of Programming - Even though a prerecorded program has been previously approved, the content must remain current for an attorney to
receive credit. For example, a program older than five years may not be accreditable.
- Self-Study - Self-study programming is not accreditable per Supreme Court Rule 808(i). A
program that does not include the interaction/verification requirements would be considered self-study, and will not be approved.
- Law Practice ManagementPrintableOnline
Definition - A practitioner may receive CLE credit for up to 2 hours of law practice management programming per compliance period per Supreme Court Number
- Content - The course shall be presented by a person or persons qualified by
practical or academic experience to present the subject and focus on the legal profession.
- Possible Topics - Qualified programming includes: issues relating to the development and management of a law practice, including client relations
and technology to promote the efficient, economical, and competent delivery of legal services.
Ethics and Professionalism Credit - Programming accreditable under the ethics and professionalism requirement are not subject to the 2-hour law practice
management cap. See the Guidelines for Ethics and Professionalism.
- Interdisciplinary Programs PrintableOnline
Supreme Court Rule 805(c)(2) allows for CLE credit to be earned for a program that
crosses academic lines (e.g. accounting-tax) if it is pertinent to an individual
When such course applications are received from a sponsoring organization, Kansas
CLE staff reviews whether the course is beneficial for practicing attorneys from an
objective standard. Consequently, the course will not be approved by the Kansas
CLE Board unless it obviously pertains to a recognized legal subject or to the
practice of law. The application may be returned to the sponsor with instructions
that the program will be considered on an individual basis when submitted by an
When an attorney seeks CLE credit for an interdisciplinary program, the attorney
must submit an Application for Approval of CLE Activity pursuant to Supreme
Court Rule 805(b) and include a statement describing how the program is beneficial
to attorney's practice.
- Duplicate Programs PrintableOnline
Attendance at a program that an attorney has previously attended during the
compliance period will not be accepted for CLE credit. Supreme Court Rule 808(h).
For example, an attorney attending a live CLE program on Elder Law will not
receive credit if he or she attends the video replay of the program. Further, if a
program sponsor offers repeat sessions of professional responsibility or CLE credit
during a two-day program, the session may only be attended for credit one time.
Provider Responsibility - - It is the responsibility of the sponsor to monitor
attendance at programming they provide. When duplicate programming is offered,
notice should be provided to attendees that CLE credit will not be received for
- Teaching Credit PrintableOnline
Kansas Supreme Court Rule 808(c) provides that up to 5 hours of CLE credit may
be awarded for each 50 minutes spent teaching at an approved CLE program.
Because teaching credit is awarded as an incentive to attorneys to benefit the legal
profession, instruction must be directed toward an audience composed primarily of
attorneys. Moderating a program does not qualify for teaching credit but will
qualify for attendance credit.
- Audience - The makeup of the audience is determined by the number of
attorneys in attendance at the program, not the audience the program is
advertised to. The provider will be able to determine if the audience was
- Primarily Attorney Audience - Teaching directed to a non-attorney
audience, while resulting in self-improvement as a form of self-study, does
not qualify for teaching credit. If the attorney's participation in the program
does not qualify for teaching credit, the participation may qualify for
- Application - The attorney must file an application for approval of teaching
credit which outlines program content, teaching methodology, and time spent
in preparation and instruction. In determining the number of credit hours to
award, Kansas CLE Board will calculate time spent in preparation and
teaching. For example, an attorney who spends 150 minutes preparing a
program and 50 minutes teaching it will be awarded 4 credit hours. One-half
credit hour may be awarded for teaching at least 25 but less than 50 minutes.
No credit may be claimed for smaller fractional units.
- Repeat Presentation - A repeat presentation may qualify for additional
credits, limited to time actually spent updating the presentation and
teaching. This form should include both teaching time and attendance time
for the same program.
- Preparing Materials but Not Actually Teaching -Preparation of written
materials for an accredited program but not teaching the program will not
qualify for either teaching or authorship credit.