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Part 1500.
Mandatory Continuing Legal Education Program For Attorneys In
The State Of New York
Subpart A. Structure Of Program
§1500.1 Scope
There shall be a mandatory continuing legal education program
in the State of New York (hereinafter Program) which shall include
a transitional legal education program for newly admitted attorneys,
as set forth in Subpart B, and a legal education program for all
other admitted attorneys, as set forth in Subpart C. A Continuing
Legal Education Board shall accredit and oversee, as set forth
in this Subpart, the courses, programs and other educational activities
that will satisfy the requirements of the Program.
§1500.2 Definitions
- Accredited Course or Program is a continuing legal
education course or program that has met the standards set forth
in §1500.4(b) and has received advance accreditation approval
by the Continuing Legal Education Board.
- Accredited Provider is a person or entity whose
[entire] continuing legal education program has been accredited
by the Continuing Legal Education Board, and who has been certified
by the Continuing Legal Education Board as an accredited provider
of continuing legal education courses and programs in accordance
with §1500.4(c).
- Ethics and Professionalism may include, among other
things, the following: the norms relating to lawyers' professional
obligations to clients (including the obligation to provide legal
assistance to those in need, confidentiality, competence, conflicts
of interest, the allocation of decision making, and zealous advocacy
and its limits); the norms relating to lawyers' professional relations
with prospective clients, courts and other legal institutions,
and third parties (including the lawyers' fiduciary, accounting
and record-keeping obligations when entrusted with law client
and escrow monies, as well as the norms relating to civility);
the sources of lawyers' professional obligations (including disciplinary
rules, judicial decisions, and relevant constitutional and statutory
provisions); recognition and resolution of ethical dilemmas; the
mechanisms for enforcing professional norms; substance abuse control; and professional
values (including professional development, improving the profession,
and the promotion of fairness, justice and morality).
- Skills must relate to the practice of law and may
include, among other things, problem solving, legal analysis and
reasoning, legal research and writing, drafting documents, factual
investigation (as taught in courses on areas of professional practice),
communication, counseling, negotiation, mediation, arbitration,
organization and trial advocacy.
- Law Practice Management must relate to the practice
of law and may encompass, among other things, office management,
applications of technology, state and federal court procedures,
stress management, management of legal
work and avoiding malpractice and litigation.
- Areas of Professional Practice may include, among
other things, corporations, wills/trusts, elder law, estate planning/administration,
real estate, commercial law, civil litigation, criminal litigation,
family law, labor and employment law, administrative law, securities,
tort/insurance practice, bankruptcy, taxation, compensation, intellectual
property, municipal law, landlord/tenant, environmental law, entertainment
law, international law, social security and other government benefits,
and alternative dispute resolution procedures.
- Regulations and Guidelines refers to the Regulations
and Guidelines of the Continuing Legal Education Board set forth
in Part 7500 of Volume 22 of the New York Codes, Rules and Regulations.
§1500.3 The Continuing Legal Education Board
- The Continuing Legal Education Board. The Continuing
Legal Education Board (CLE Board) is hereby established.
- Board Composition. The CLE Board shall consist of
16 resident members of the bench and bar. Three (3) members shall
be chosen by each of the Presiding Justices of the Appellate Divisions,
and four (4) members shall be chosen by the Chief Judge of the
State of New York. The Chief Judge shall designate the Chair.
Board members shall serve at the pleasure of the Administrative
Board of the Courts.
- Quorum. Nine (9) members shall constitute a quorum
of the entire CLE Board.
- Term of Service. The term of Board members shall
be three years. Board members shall be appointed for no more than
one three-year term.
- Duties and Responsibilities. The CLE Board is authorized
to: accredit providers of courses, programs, and other educational
activities that will satisfy the requirements of the Program;
determine the number of credit hours for which continuing legal
education credit will be given for particular courses or programs;
adopt or repeal regulations and forms consistent with these rules;
examine course materials and the qualifications of continuing
legal education instructors; consult and appoint committees in
furtherance of its official duties as necessary; foster and encourage
the offering of accredited courses and programs, particularly
in geographically isolated regions; and report annually on its
activities to the Chief Judge, the Presiding Justices of the Appellate
Divisions and the Chief Administrator of the Courts.
- Expenses. Members of the CLE Board shall serve without
compensation but shall be reimbursed for their reasonable, actual
and direct expenses incurred in furtherance of their official
duties.
- Confidentiality. The files, records and proceedings
of the CLE Board, as they relate to an attorney's satisfying the
requirements of this Part, shall be confidential and shall not
be disclosed except in furtherance of the duties of the Board
or upon the request of the attorney affected, or as they may be
introduced in evidence or otherwise produced in proceedings implementing
this Part.
- Appeal of Determinations. Any person or organization
aggrieved by a determination pursuant to this Part may seek administrative
review of that determination pursuant to the Regulations and Guidelines
adopted by the CLE Board.
§1500.4 Accreditation
- Procedure. Unless a provider has been granted Accredited
Provider status pursuant to subdivision (c), accreditation of
continuing legal education courses or programs must be sought
at least 60 days prior to the occurrence of the course or program,
except in extenuating circumstances and with prior permission
of the CLE Board.
- Standards. Continuing legal education courses or
programs to be accredited shall comply with the following guidelines:
- One (1) hour of continuing legal education credit shall
consist of at least 50 minutes of instruction, exclusive of introductory
remarks, meals, breaks, or other noneducational activities.
- The course or program must have significant intellectual
or practical content and its primary objective must be to increase
the professional legal competency of the attorney in ethics and
professionalism, skills, practice management and/or areas of professional practice.
- The course or program shall be taught by instructors with
expertise in the subject matter being taught and shall be specifically
tailored to attorneys.
- The faculty of the course or program shall include at least one attorney in good standing, who shall actively participate in the course or program. [Effective January 1, 2008.]
- The course or program shall not be taught by a disbarred attorney, whether the disbarred attorney is the sole presenter or one of several instructors.
- The continuing legal education course or program must be
offered by a provider that has substantial, recent experience
in offering continuing legal education to attorneys, or
that has demonstrated an ability to effectively organize and present
continuing legal education to attorneys.
- Thorough, high quality, readable and carefully prewritten
materials must be made available to all participants at or before
the time the course or program is presented, unless the absence
of materials, or the provision of such materials shortly after
the course or program, is pre-approved by the CLE Board.
Written materials shall satisfy the criteria set forth in the
Regulations and Guidelines.
- The cost of continuing legal education courses or programs
to the participating attorney shall be reasonable.
- Providers must have a financial hardship policy as provided
in the Regulations and Guidelines.
- The course or program must be conducted in a physical setting
that is comfortable and conducive to learning.
- At the conclusion of the course or program, each participant
must be given the opportunity to complete an evaluation questionnaire
addressing the quality, effectiveness and usefulness of the particular
course or program. A summary of the results of the survey(s) must
be submitted to the CLE Board at the end of the calendar year
in which the course or program was given. Providers must maintain
the questionnaires for a period of four (4) years following the
course or program.
- Providers of continuing legal education courses or programs
shall provide a Certificate of Attendance to all persons completing
the continuing legal education course or program.
- Providers of continuing legal education courses or programs
must maintain an official attendance list of participants in the
program, and the time, date, location, title, speaker(s) and amount
of approved CLE credit for each course or program, for at least
four (4) years after the completion date.
- Programs that satisfy these standards and that cross academic
lines, such as accounting-tax seminars, may be considered for
approval by the CLE Board.
- Accredited Provider Status.
- Procedure. Application may be made for Accredited
Provider status by submitting the appropriate forms and materials
to the CLE Board pursuant to CLE Board Regulations and Guidelines.
- Requirements. Accredited Provider status may be
granted at the discretion of the CLE Board to applicants satisfying
the requirements of this section and, as well, the following requirements:
- The provider has presented, within the prior three (3)
years, separate programs of continuing legal education that meet
the standards set forth in subdivision (b) and the Regulations
and Guidelines of the CLE Board, or
- The provider has demonstrated to the Board that its CLE
activities have consistently met the standards set forth in subdivision
(b) and the Regulations and Guidelines of the CLE Board.
Providers that meet the foregoing requirements may include
bar associations, law schools, law firms and legal departments
(including corporate, nonprofit and municipal and state law departments).
- Duration of Accredited Provider Status. Once a provider
has been granted Accredited Provider status, the continuing legal
education courses or programs sponsored by that provider are presumptively
approved for credit for a period of three (3) years from the date
of the grant of such status.
- Accredited Provider Reports. Providers granted Accredited
Provider status shall file a written report with the CLE Board
each year at a time fixed by the Board. The report shall describe
the continuing legal education activities conducted during the
prior 12 months and shall be in such detail and form as required
by the Board and by the Regulations and Guidelines. The accredited
status of a provider may be continued by filing an application
for renewal with the Board before the end of the provider's accreditation
period.
- Renewal of Accredited Provider Status. Renewal of
Accredited Provider status shall be for periods of three (3) years.
The CLE Board shall determine if there are pending or past breaches
of these Rules or Regulations and Guidelines, and the Board, in
its discretion, may condition renewal upon the provider meeting
additional requirements specified by the Board.
- If an application for renewal is timely filed, the accredited
status shall continue until the Board acts on the application.
- If an application for renewal is not filed before the
end of the provider's accreditation period, the provider's accredited
status will terminate at the end of the period. Any application
received thereafter shall be considered by the Board as an initial
application for Accredited Provider status.
- Revocation. Accredited Provider status may be revoked
by the Board if the reporting requirements of these Rules and
Regulations and Guidelines are not met or, if upon review of the
provider's performance, the CLE Board determines that the content
of the course or program materials, the quality of the CLE activities,
or the provider's performance does not meet the standards set
forth in these Rules and Regulations and Guidelines. In such event,
the CLE Board shall send the provider a 30-day notice of revocation
by first class mail. The provider may request a review of such
revocation, and the CLE Board shall determine the request within
90 days of receipt of such request. The decision of the CLE Board
shall be final after such review.
- Provider List. A list of accredited providers whose
continuing legal education courses or activities have been presumptively
approved for credit shall be compiled and published periodically
by the CLE Board. Lists shall be made available at each of the
Appellate Divisions and at such other offices and electronic sites
as the Chief Administrator of the Courts shall determine.
- Announcement. Providers who have received approval
for continuing legal education courses and programs may indicate
that their course or program has received CLE Board approval as
follows:
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"This (transitional) continuing legal
education
course
(or program) has
been approved in
accordance with the
requirements
of the
Continuing Legal
Education Board for a maximum
of _____
credit hours, of which _____ credit
hours can be applied toward
the _____
requirement, and _____ credit hours can be
applied toward
the _____ requirement."
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Where a program or segment of a program might reasonably be
used to satisfy more than one category of instruction, e.g., either
ethics or areas of professional practice, the approved provider
may so indicate, but must state that duplicate credit for the
same hour of instruction is not permitted; an election must be
made by the attendee, and each hour may be counted as satisfying
only one category of instruction. The following language may be
used:
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"and an aggregate of ____ credit hours can be
applied toward
the ____ requirement or the ____
requirement."
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§1500.5 Waivers, Modifications and Exemptions
- Waivers and Modifications. The Continuing Legal
Education Board may, in individual cases involving undue hardship
or extenuating circumstances, grant waivers and modifications
of Program requirements to attorneys, upon written request, in
accordance with the Regulations and Guidelines established by
the CLE Board and this Part.
- Exemptions. The following persons shall be exempt
from the requirements of New York's continuing legal education
program:
- Subject to the requirements in §§1500.12(f) and
1500.22(n), attorneys who do not practice law in New York. Attorneys
practice law pursuant to this section if, during the reporting
period, they give legal advice or counsel to, or provide legal
representation for, a particular body or individual in a particular
situation in either the public or private sector. The practice
of law does not include the performance of judicial or quasi-judicial
(e.g., administrative law judge, hearing officer) functions;
- Full-time active members of the United States Armed Forces;
- Attorneys with offices outside of New York who are temporarily
admitted to practice in a court within New York for a case or
proceeding;
- Attorneys who certify that they are retired from the practice
of law pursuant to §468-a of the Judiciary Law.
Subpart B. Mandatory Continuing Legal Education For Newly
Admitted Attorneys
§1500.10 Application
- The requirements of this Subpart shall apply to all newly
admitted attorneys, who are not exempt from these requirements
pursuant to §1500.5(b), during the first two years after
their admission to the Bar of the State of New York.
- A newly admitted attorney is an attorney who has successfully
passed the New York State Bar examination administered by the
State Board of Law Examiners and who becomes duly admitted to
the practice of law in New York after October 1, 1997.
- Attorneys who have been engaged in the practice of law
in another state, the District of Columbia, any territory of the
United States or any foreign jurisdiction, for at least five (5) of the seven
(7) years
immediately preceding admission to the New York Bar, shall not
be deemed newly admitted attorneys for the purposes of this Subpart,
and shall be required to comply with the requirements of Subpart
C to the extent they are applicable.
§1500.11 Statement of Purpose
Mandatory Continuing Legal Education for Newly Admitted Attorneys
in the State of New York is a transitional continuing legal education
program designed to help recent graduates and newly admitted attorneys
become competent to deliver legal services at an acceptable level
of quality as they enter practice and assume primary client service
responsibilities. The Program seeks to help the newly admitted
attorney establish a foundation in certain practical skills, techniques
and procedures, which are and can be essential to the practice
of law, but may not have been adequately addressed in law school.
It includes courses targeting ethics and professionalism, skills,
practice management and areas of professional practice.
§1500.12 Minimum Requirements
- Credit Hours. Each newly admitted attorney shall
complete a minimum of 32 credit hours of accredited transitional
education within the first two (2) years of the date of admission
to the Bar. Sixteen (16) accredited hours shall be completed in
each of the first two (2) years of admission to the Bar as follows:
- Three (3) hours of ethics and professionalism;
- Six (6) hours of skills; and
- Seven (7) hours of law practice management and areas of professional practice.
Ethics and professionalism, skills, law practice management
and areas of professional practice are defined in §1500.2.
The ethics and professionalism and skills components may be intertwined
with other courses.
- Carry-Over Credit. Except as provided in section
1500.13(b)(2), a newly admitted attorney who accumulates more
than the 16 hours of credit required in the first year of admission
to the Bar may carry over to the second year of admission to the
Bar a maximum of eight (8) credits. Six (6) credits in excess
of the 16-hour requirement in the second year of admission to
the Bar may be carried over to the following biennial reporting
cycle to fulfill the requirements of Subpart C. Ethics and professionalism
credit may not be carried over.
- Accredited Courses or Programs Only. Transitional
continuing legal education credit will be granted only for courses
and programs approved as such by the CLE Board, except as provided
in subdivision (d). No transitional continuing legal education
course or program consisting of nontraditional formats, such as
self-study, correspondence work, videotapes, audiotapes, motion
picture presentations or on-line programs may be accepted for
credit without prior permission from the CLE Board, except as
provided in the Regulations and Guidelines.
- Other Jurisdictions. Transitional continuing legal
education courses approved by another state, the District of Columbia,
any territory of the United States or any foreign jurisdiction
with requirements meeting the standards adopted by the CLE Board
shall count toward the newly admitted attorney's compliance with
New York's transitional CLE Program requirements in accordance
with the Regulations and Guidelines established by the CLE Board
and this Part.
- Post-Graduation/Pre-Admission. A maximum of 16 credit
hours of approved transitional CLE courses taken from the date
of graduation from law school up through the date of admission
to the New York Bar may be applied toward a newly admitted attorney's
first-year CLE Program requirements. Credit hours in excess of
16 may not be carried over and applied toward the second-year
CLE requirement.
- Obligations of Attorneys exempt from the Program Requirements.
- An attorney who is exempt from the requirements of this
Program and who is required to comply with the continuing legal
education requirements of another jurisdiction shall comply with
those requirements and shall certify to this compliance on the
attorney's biennial attorney registration statement.
- (2) An attorney who is exempt from the requirements of this
Program and who is not required to comply with the continuing
legal education requirements of another jurisdiction shall so
certify on the attorney's biennial attorney registration statement.
- An attorney who is exempt from the requirements of this
Program and who thereafter ceases to be exempt and commences the
practice of law in New York during the first two years after admission
to the Bar shall be required to complete by the end of those two
years 1.5 credit hours of accredited continuing legal education
as set forth in section 1500.12(a), in any combination of categories
set forth in said section, for each full month of the two-year
period during which the attorney practices law in New York.
- An attorney who permanently ceases to practice law in New
York while commencing or continuing the practice of law in another
jurisdiction shall be exempt from the requirements of this Program
for the year in which the permanent cessation from New York practice
occurred, and shall comply with the requirements of any jurisdiction
in which the attorney practices law during that year.
§1500.13 Reporting Requirements
- Attorney Obligations. Each newly admitted attorney
subject to New York's transitional continuing legal education
requirements shall retain the Certificate of Attendance for each
approved transitional education course or program for at least
four (4) years from the date of the course or program.
- Certification.
- Except as otherwise authorized
by this Part, each newly admitted attorney subject to New York's
transitional continuing legal education requirements is required
to certify along with the submission of his or her biennial attorney
registration statement that the attorney has satisfactorily completed
32 credit hours of transitional continuing legal education (16
credit hours in the first year of admission to the Bar, 16 credit
hours in the second year of admission to the Bar) and that the
attorney has retained the Certificates of Attendance or other
documentation required by the CLE Board for the accredited courses
or programs.
- A newly admitted attorney who is required to file his or
her biennial attorney registration statement prior to completing
the second year of admission to the Bar shall certify the actual
number of credit hours of transitional continuing legal education
completed at the time the statement is filed. The attorney shall
remain responsible for completing the 16 second-year credit hours
of transitional continuing legal education by the end of that
second year after admission, but may apply 12 of the 16 credit
hours to fulfilling the requirements of Subpart C as set forth
in §1500.22(b)(3).
§1500.14 Waivers or Modifications
- A newly admitted attorney may apply in writing to the CLE
Board for a waiver or modification of Program requirements based
upon extenuating circumstances preventing the newly admitted attorney
from complying with the requirements, in accordance with the Regulations
and Guidelines established by the CLE Board and this Part.
- Requests for extensions of time in which to complete Program
requirements based upon extenuating circumstances shall be made
pursuant to the procedures contained in the Regulations and Guidelines
and shall not be granted for a period of greater than 90 days
absent special circumstances. If an extension is granted, the
period of time by which a newly admitted attorney must complete
the mandatory continuing legal education requirements applicable
to all attorneys as set forth in Subpart C remains the same.
§1500.15 Noncompliance
The names of newly admitted attorneys who fail to comply with
transitional continuing legal education requirements will be submitted
to the Appellate Division for appropriate action.
§1500.16 Effective Date
Mandatory Continuing Legal Education for Newly Admitted Attorneys
in the State of New York shall become effective on October 1,
1997.
Subpart C. Mandatory Continuing Legal Education For Attorneys
Other Than Newly Admitted Attorneys
§1500.20 Application
The requirements of this Subpart shall apply to all attorneys
who have been duly admitted to the practice of law in New York,
are not exempt from these requirements pursuant to §1500.5(b),
and are not newly admitted attorneys subject to the requirements
of Subpart B of this Part.
§1500.21 Statement of Purpose
It is of utmost importance to members of the Bar and to the
public that attorneys maintain their professional competence by
continuing their legal education throughout the period of their
active practice of law. This Program establishes the minimum requirements
for continuing legal education for attorneys other than newly
admitted attorneys in New York State.
§1500.22 Minimum Requirements
- Credit Hours. Each attorney shall complete a minimum
of 24 credit hours of accredited continuing legal education each
biennial reporting cycle in ethics and professionalism, skills,
law practice management or areas of professional practice, at
least four (4) credit hours of which shall be in ethics and professionalism.
Ethics and professionalism, skills, law practice management and
areas of professional practice are defined in §1500.2. The
ethics and professionalism components may be intertwined with
other courses.
- Biennial Reporting Cycle.
- The biennial reporting cycle shall be the two-year period
between the dates of submission of the attorney's biennial registration
statement.
- An attorney shall comply with the requirements of this
Subpart commencing from the time of the filing of the attorney's
biennial attorney registration statement in the second calendar
year following admission to the Bar.
- A newly admitted attorney whose transitional two year post-Bar
admission period has not been completed as of the last day the
attorney registration statement in paragraph (2) is required to
be filed may apply 12 credit hours of the second-year accredited
transitional education credits required in section 1500.12(a)
to fulfilling the requirements of this Subpart.
- Carry-Over Credit. An attorney who accumulates more
than the 24 hours of credit in any one biennial reporting cycle
may carry over a maximum of six (6) credits to the next biennial
reporting cycle.
- Course or Program Formats. Continuing legal education
courses or programs may include traditional live classroom or
audience settings; teleconferences; video conferences; satellite
transmissions; videotapes; audiotapes; motion picture presentations;
interactive video instruction; activities electronically transmitted
from another location; self- study; correspondence work; and on-line
computer courses.
- Credit for Speaking and Teaching Activities. Credit
may be earned through speaking, teaching or participating in a
panel in an accredited CLE program. Where teaching is done in
tandem or by panel, teaching credit shall be given to all participants.
- Credit for Teaching Law School Classes. Credit may
be earned through teaching in an ABA-accredited law school as
may be permitted pursuant to the Regulations and Guidelines of
the CLE Board.
- Credit for Attending Law School Courses. Credit
may be earned for attending courses at an ABA-accredited law school
after admission to practice in New York provided (i) the attorney
is officially registered for the course, and (ii) the attorney
completed the course as required by the terms of registration.
- Credit for Judging Law Competitions. Credit may
be earned for preparing students for and judging law competitions,
mock trials and moot court arguments, including those in high
school, pursuant to the Regulations and Guidelines of the CLE
Board.
- Credit for Publications. Credit may be earned, as
may be permitted pursuant to the Regulations and Guidelines of
the CLE Board, for legal research-based writing upon application
to the CLE Board, provided the activity (i) produced material
published or to be published, in print or electronically, in the
form of an article, chapter or book written, in whole or in substantial
part, by the applicant, and (ii) contributed substantially to
the continuing legal education of the applicant and other attorneys.
- Credit for Performing Pro Bono Legal Services. Credit for Performing Pro Bono Legal Services. Credit may be earned for performing uncompensated legal services for clients unable to afford counsel pursuant to (a) assignment by a court; or (b) a program, accredited by the CLE Board, of a bar association, legal services provider or other entity. Credit shall be awarded pursuant to the Regulations and Guidelines of the CLE Board, provided that no more than ten (10) hours of CLE credit may be earned in a two-year reporting period for performing pro bono legal services. An additional five (5) hours of CLE credit may be earned subject to the requirements and limitations set forth in the Regulations and Guidelines of the CLE Board.
- Accredited Courses, Programs and Activities Only. Continuing
legal education credit will be granted only for courses, programs
and activities approved by the CLE Board, except where credit
is extended as provided in subdivision (m).
- Individual Course Approval. An attorney seeking
approval of a course or program that has not otherwise been approved
shall apply to the CLE Board for approval in accordance with Board
procedures. Such approval must be sought at least 60 days prior
to the occurrence of the course or program, except in extenuating
circumstances and only with prior permission of the Board.
- Other Jurisdictions. Continuing legal education
courses approved by another state, the District of Columbia, any
territory of the United States or any foreign jurisdiction with
requirements meeting the standards adopted by the CLE Board shall
count toward the attorney's compliance with New York's CLE Program
requirements in accordance with the Regulations and Guidelines
established by the CLE Board and this Part.
- Obligations of Attorneys exempt from the Program Requirements.
- An attorney who is exempt from the requirements of this
Program and who is required to comply with the continuing legal
education requirements of another jurisdiction shall comply with
those requirements and shall certify this compliance on the attorney's
biennial attorney registration statement.
- An attorney who is exempt from the requirements of this
Program and who is not required to comply with the continuing
legal education requirements of another jurisdiction shall so
certify on the attorney's biennial attorney registration statement.
- An attorney who is exempt from the requirements of this
Program and who thereafter ceases to be exempt and commences the
practice of law in New York during a biennial reporting cycle
shall be required to complete by the end of the reporting cycle
one credit hour of accredited continuing legal education as set
forth in section 1500.22(a), in any combination of categories set forth in said section, for each
full calendar month of the biennial reporting cycle during which
the attorney practices law in New York.
- An attorney who permanently ceases to practice law in New
York while commencing or continuing the practice of law in another
jurisdiction shall be exempt from the requirements of this Program
for the reporting cycle in which the permanent cessation from
New York practice occurred, and shall comply with the requirements
of the jurisdiction in which the attorney practices law during
that cycle.
Amended 22(j) on February 15, 2012 [old version]
1500.23 Reporting Requirements
- Attorney Obligations. Each attorney subject to New
York's continuing legal education requirements shall retain the
Certificate of Attendance or other documentation required by the
Board for each approved education course, program or activity
for at least four (4) years from the date of the course, program
or activity.
- Certification. Except as otherwise authorized by
this Part, each attorney subject to New York's continuing legal
education requirements is required to certify along with the submission
of his or her biennial attorney registration statement that the
attorney has satisfactorily completed 24 credit hours of continuing
legal education for the current biennial reporting cycle and that
the attorney has retained the Certificates of Attendance or other
documentation required by the CLE Board for the accredited courses,
programs or activities.
§1500.24 Waivers or Modifications
- An attorney may apply in writing to the CLE Board for a
waiver or modification of Program requirements based upon extenuating
circumstances preventing the attorney from complying with the
requirements, in accordance with the Regulations and Guidelines
established by the CLE Board and this Part.
- Requests for extensions of time in which to complete Program
requirements based upon extenuating circumstances shall be made
pursuant to the procedures contained in the Regulations and Guidelines
and shall not be granted for a period of greater than 90 days
absent special circumstances. If an extension is granted, the
period of time by which the attorney must complete the mandatory
continuing legal education requirements of the next biennial reporting
cycle remains the same.
§1500.25 Noncompliance
The names of attorneys who fail to comply with continuing legal
education requirements will be submitted to the Appellate Division
for appropriate action.
§1500.26 Effective Date and Transition
The requirements of this Subpart shall become effective on
December 31, 1998. Compliance with the certification requirement
shall commence with biennial attorney registration statements
filed on or after January 1, 2000, as follows:
- Attorneys who file their biennial registration statement
in calendar year 2000 shall complete 12 credit hours of accredited
continuing legal education as of the date of the filing in any
combination of the categories set forth in §1500.22(a). Attorneys
who accumulate more than 12 credit hours at the time of this filing
may carry over a maximum of six (6) credit hours to the next biennial
cycle;
- Attorneys who file their biennial registration statement
in calendar year 2001 must complete the full 24 credit hours of
accredited continuing legal education as set forth in §1500.22(a).
Approved CLE credits earned from January 1, 1998, may be applied
toward fulfilling the requirements for the initial biennial reporting
cycle.
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