FAQs for Experienced Attorneys

Most Popular Questions

CLE Requirement for Experienced Attorneys

Fulfilling The Requirement

Exceptions To The Requirement

Compliance & Reporting

CLE Requirement for Experienced Attorneys

Q] Who is an "experienced attorney"?

A] Attorneys who have been admitted to the New York Bar for more than two years are considered experienced attorneys.


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Q] What is my CLE requirement as an experienced attorney?

A] Experienced attorneys must earn at least 24 CLE credit hours each biennial reporting cycle as follows: 

Experienced Attorney Required CLE Categories Required CLE Credit Hours
Ethics and Professionalism 4
Diversity, Inclusion and Elimination of Bias 1
Cybersecurity, Privacy and Data Protection (General or Ethics)  1*
Any CLE category of credit  18
Total Number of CLE credit hours 24

*You may choose to complete the Cybersecurity credit in Cybersecurity General or Cybersecurity Ethics (or a combination of the two: ½ credit in Cybersecurity General and ½ credit in Cybersecurity Ethics).

You may count a maximum of 3 credit hours of Cybersecurity Ethics - but not Cybersecurity General - toward your 4-credit Ethics and Professionalism requirement.  

Example: if you earn 3 credits in Cybersecurity Ethics, then you still need to earn 1 credit in Ethics and Professionalism, 1 credit in Diversity, Inclusion and Elimination of Bias and 19 credits in any category of credit - total of 24 credits


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Q] What kinds of courses count toward my CLE requirement?

A] As an experienced attorney, you may earn CLE credit by attending CLE courses offered in the traditional live classroom format, or in nontraditional formats such as webinars, teleconferences, prerecorded videos, etc., so long as the CLE Board has accredited the provider to offer the course in the particular format, or the course is eligible for credit under New York’s Approved Jurisdiction policy.

 


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Q] What is the Diversity, Inclusion and Elimination of Bias CLE requirement?

A] Experienced attorneys (those admitted to the New York Bar for more than 2 years) must complete at least 1 CLE credit hour in the Diversity, Inclusion and Elimination of Bias CLE category of credit as part of their biennial CLE requirement.

 


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Q] Does the Diversity, Inclusion and Elimination of Bias requirement increase the total number of CLE credit hours that experienced attorneys must complete during each biennial reporting period?

A] No, you will continue to be required to earn a total of twenty-four (24) CLE credit hours in each biennial reporting period, with at least four (4) CLE credit hours in Ethics and Professionalism; and, effective July 1, 2018, with at least one (1) CLE credit hour in Diversity, Inclusion and Elimination of Bias.

 


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Q] When must I begin to comply with the Diversity, Inclusion and Elimination of Bias CLE requirement?

A] The requirement became effective July 1, 2018. Experienced attorneys due to re-register on or after July 1, 2018 (birthday is on or after July 1st) must comply.


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Q] What is the new Cybersecurity, Privacy and Data Protection CLE requirement?

A] Experienced attorneys (admitted to the New York Bar for more than two years) must complete at least 1 CLE credit hour in the Cybersecurity, Privacy and Data Protection CLE category of credit as part of their biennial CLE requirement. Attorneys may complete the requirement by taking Cybersecurity, Privacy and Data Protection-General or Cybersecurity, Privacy and Data Protection-Ethics programs, or a combination of the two: ½ credit in Cybersecurity General and ½ credit in Cybersecurity Ethics.


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Q] Does the new Cybersecurity, Privacy and Data Protection requirement increase the total number of CLE credit hours that experienced attorneys must complete during each biennial reporting period?

A] No, experienced attorneys must still earn at least 24 CLE credit hours each biennial reporting cycle. See Cybersecurity FAQs


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Q] When can I start to earn CLE credit in the new Cybersecurity, Privacy and Data Protection category?

A] You may earn CLE credit in the Cybersecurity, Privacy and Data Protection category beginning on January 1, 2023.  


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Q] When must I begin to comply with the new Cybersecurity, Privacy and Data Protection CLE requirement?

A] The new requirement becomes effective July 1, 2023.  

If you are due to re-register on or after July 1, 2023 (birthday is on or after July 1st), you must complete 1 CLE credit hour in Cybersecurity, Privacy and Data Protection as part of your biennial CLE requirement. 

If you are due to re-register in 2023 but your birthday is before July 1st, you need not comply with the new requirement in 2023, but must comply in future biennial periods.

Example: If your birthday is on June 30th and you are due to re-register in 2023, then you do not need to comply with the new requirement in 2023, even if you file your registration form on or after July 1, 2023. 

If you are due to re-register in 2024, or later, you must comply with the new requirement.


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Q] I’m due to re-register on or after July 1, 2023, but I won’t be able to complete the Cybersecurity, Privacy and Data Protection requirement on time. What should I do?

A] You may apply for an extension of time to complete the CLE requirement.


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Q] If I took a cybersecurity course before January 1, 2023, can I apply the credit earned from that course towards my Cybersecurity, Privacy and Data Protection CLE requirement?

A] No, only CLE courses that you take from January 1, 2023 onwards may count towards the Cybersecurity, Privacy and Data Protection CLE requirement.  


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Q] May I satisfy any of my Ethics and Professionalism requirement by completing Cybersecurity, Privacy and Data Protection-Ethics courses?

A] Yes, you may satisfy a maximum of 3 credits of your Ethics and Professionalism requirement with the same number of Cybersecurity, Privacy and Data Protection-Ethics credits.
 

Fulfilling The Requirement

Q] How do I find CLE courses close to home?

A] The CLE Board does not maintain a list of individually accredited CLE courses. You may check with local bar associations or other organizations in your area that may be presenting CLE courses, or you may check the New York Accredited Provider List for approved CLE providers.


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Q] Can I use CLE certificates from other states toward my NY CLE requirement?

A] You may use a CLE certificate from another state towards your NY CLE requirement if:

If you are unable to use the out-of-state CLE certificate towards your NY CLE requirement, then you must submit an Application for Accreditation of an Individual Course Activity.


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Q] Do out-of-state courses count towards my CLE requirement?

A] A course is considered “out-of-state” if:

  • participants and faculty are all physically seated together in a live course with faculty (traditional live classroom format) and the course occurs outside of the State of New York, or
  • in any other format (e.g., Webconference, prerecorded, etc.) and the sponsor is headquartered outside of the State of New York.

Some out-of-state courses are accredited by the New York State CLE Board. Other out-of-state courses may be accredited by another jurisdiction, and you may be eligible for New York CLE credit under New York’s Approved Jurisdiction policy. (If your course is not accredited by the New York State CLE Board or if your course does not fall under New York’s Approved Jurisdiction policy, you may submit an Application for Accreditation of an Individual Course Activity to the New York State CLE Board.)


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Q] What is New York's "Approved Jurisdiction" policy?

A] You may earn credit for attendance at an out-of-state course if the course is accredited by the CLE agency of another state or foreign jurisdiction that has been approved by the New York State CLE Board as meeting New York’s accreditation standards. An out-of-state course accredited by a New York Approved Jurisdiction is eligible for New York CLE credit based on a 50-minute credit hour, and in accordance with the Program Rules and the Regulations and Guidelines. You must obtain, among other things, documentation of course accreditation by a New York Approved Jurisdiction, a proper certificate of attendance and for nontraditional formats, proof of the provider’s independent verification of the attorney’s completion of the course. Please see section 6 of the Regulations and Guidelines for details.


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Q] Can I get credit for attending a course when a sponsor did not apply for CLE accreditation?

A] You may submit an Application for Accreditation of an Individual Course Activity to the CLE Board. If the application is emailed more than 30 days after the conclusion of the course, you must include a detailed explanation of the circumstances that prevented you from submitting the application within 30 days of the conclusion of the course. If the Board accepts your application and if the course is approved, you will be awarded the appropriate CLE credit.


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Q] May I earn CLE credit for attending a CLE course if I arrive late? What if I leave early?

A] It is up to the sponsor of the program to determine whether you may earn credit if you do not attend the entire program. The sponsor may award partial credit, full credit or no credit at all, depending upon the circumstances.


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Q] May I earn credit for repeating a course?

A] You may not get credit for repeating the same course, even if the course is in a different format and even if the course is repeated in a different reporting cycle. So, if you had earned CLE credit for attending the live presentation of a program on cross examination, for example, you would not be able to earn credit for watching the video of that course, even if you watched it three years later. If, on the other hand, the program you “repeat” has significant new content, such as revised or updated materials reflecting recent changes in the law, you may be eligible for CLE credit, even if the title of the course has not changed.


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Q] Besides attending courses, may I earn CLE credit in other ways?

A] As an experienced attorney, you may receive credit for:

  • speaking or teaching at an accredited CLE program;
  • moderating or participating in a panel presentation at an accredited CLE program;
  • teaching law courses at an ABA-accredited law school;
  • preparing students for and judging law competitions, mock trials and moot court arguments, including those at the high school or college level;
  • published legal researched-based writing; and
  • providing pro bono legal services.

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Q] How much credit may I earn for speaking at, or moderating a CLE program? What about for participation on a panel?

A] For speaking or teaching at an accredited CLE program you may earn 3 CLE credit hours for each 50 minutes of your presentation, and you may earn 3 credits for each 50 minutes of your participation on the panel. A moderator earns 1 credit for each 50 minutes of participation. No additional credit is available for preparation time for any of these activities.


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Q] Do I get credit if I teach the same CLE course more than once?

A] You may earn 1 CLE credit hour for each 50 minutes of a repeat presentation as a speaker, teacher or panel member at an accredited CLE activity within any one reporting cycle. No additional credit may be earned for moderating repeat presentations of the same CLE program within a reporting cycle.


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Q] How much credit may I earn for teaching law courses at an ABA-accredited law school?

A] You may earn 1 CLE credit hour for each 50 minutes of instruction at an ABA-accredited law school. No additional credit may be earned for preparation time. Please note that the ABA-accredited law school is responsible for issuing appropriate certification to the instructor documenting a) the name of the attorney, b) name, date, and location of course, c) breakdown of categories of credit, and d) the number of NY CLE credit hours earned.


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Q] How much credit may I earn for preparing students for, or judging law competitions?

A] You may earn 1 credit for each 50 minutes of your participation in a law competition. For participation in a high school or college level law competition, your credit is limited to 3 CLE credit hours during a two-year reporting cycle. You may earn a maximum of 6 CLE credit hours, in one reporting cycle, for participation in a law school competition.


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Q] How much credit may I earn for the time I spend working on an article for publication?

A] You may earn 1 credit for each 50 minutes you spend in research and writing a legal research-based publication. You are limited to a maximum of 12 publication credits during any one reporting cycle.


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Q] How much credit will I earn for providing CLE accredited pro bono service?

A] For pro bono CLE activity, you may earn 1 CLE credit hour for every two 60-minute hours (120 minutes) of pro bono legal service performed. You are limited to 10 pro bono credits per reporting cycle. Additional CLE credits may be obtained by attorneys who are enrolled and participate in the Attorney Emeritus Program.

 

Exceptions To The Requirement

Q] Are there any exemptions from the CLE requirement?

A] Yes. The following persons are exempt from New York's CLE requirement:
1. Attorneys who do not practice law in New York at all during the relevant reporting cycle,
2. Full time active members of the U.S. Armed Forces,
3. Attorneys with offices outside of New York who are temporarily admitted to practice in a court within New York for a case or proceeding, and
4. Attorneys who certify that they are retired from the practice of law pursuant to § 468-a of the Judiciary Law.


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Q] Do I need to complete my NY CLE requirement if I am not practicing law in NY?

A] If you do not practice law in New York at all during the relevant reporting cycle, you are exempt from New York’s CLE requirement. Neither the CLE Board nor its staff may advise attorneys on the issue of whether their specific activities constitute the practice of law in New York. You must determine for yourself whether your specific activities are considered practicing law in New York. All members of the New York Bar are presumed to be practicing law in New York unless otherwise shown. The burden of proof is on the individual attorney. You should be guided by case law and the Restatement of Law, Third, The Law Governing Lawyers, Chapter 1, § 3. Attorneys "practice law in New York" if 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. Neither the CLE Board nor its staff may advise attorneys on the issue of whether their specific activities constitute the practice of law in New York. See also Completing the CLE section of the Attorney Registration Form.


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Q] What are my CLE obligations if I practice law outside of New York?

A] 1. If you do not practice law in New York but practice in another jurisdiction (including a foreign country) that requires you to fulfill a CLE requirement, you must certify compliance with that other jurisdiction's requirement on your New York biennial registration form.
2. If you do not practice law in New York but practice in another jurisdiction (including a foreign country) that does not require you to fulfill a CLE requirement, you must certify to this on your New York biennial registration form.
3. If you practice law both in New York and in another jurisdiction (including a foreign country), you will be required to fulfill New York's CLE requirement. Keep in mind that you may obtain credit for out-of-state courses accredited by New York Approved Jurisdictions.


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Q] What is my CLE requirement if I only practiced law in New York for part of my cycle?

A] You may have a pro rata requirement if you were practicing law in New York:

  • at the beginning of your cycle but not at the end; or
  • at the end of your cycle but not at the beginning.

If you have a pro rata requirement, you must complete 1 CLE credit hour for each month of your reporting cycle during any part of which you practice law in New York. The credit(s) may be in any category.

If you practiced law at the beginning and also at the end of your cycle, you are not eligible for a prorated requirement and must complete the full CLE requirement.


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Q] If I retire from the practice of law midway through my cycle, do I have to complete any CLE?

A] Yes, you are responsible for one 1 CLE credit hour, in any category of credit, for each month of the cycle during any part of which you practiced law in New York.


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Q] Are there any conditions under which I may obtain a waiver or modification of my CLE requirement?

A] The New York State CLE Board may, in individual cases involving undue hardship or other extenuating circumstances, grant waivers or modifications of the CLE requirement to attorneys. The attorney should submit an Application for a Waiver or Modification.

 

Compliance & Reporting

Q] How and when do I report compliance with my CLE requirement?

A] You will report compliance on an attorney registration form, which you will receive by mail or email. You must file your attorney registration form and complete your CLE requirement within 30 days after your birthday on alternate years.

  • If you were admitted before January 1, 1982 or in an even-numbered year (e.g., 1998), then you will register in even-numbered years.
  • If you were admitted in an odd-numbered year after 1982, then you will register in odd-numbered years.

At the time of their biennial registration, all attorneys must certify that they:

1) have satisfactorily completed their CLE requirement for that reporting cycle and have retained the proper documentation,

2) are exempt from the CLE requirement, or

3) have applied for an extension, waiver, or modification of the CLE requirement.


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Q] Is the CLE biennial reporting cycle the same as the attorney registration cycle?

A] No. When you file your registration form, you will certify your CLE compliance for the prior two-year period, and register for the following two years. For example, if you were admitted to the New York Bar in 1986 (and thus register in even-numbered years) and your birthday is in June, then in June 2006 you will file your “2006-2007" registration form, and you will certify your CLE compliance for your June 2004 - June 2006 biennial reporting cycle.


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Q] What should I do if I have not received an attorney registration form by my birthday?

A] If you have not received an attorney registration form by your birthday in the second calendar year following your admission to the Bar, contact the Attorney Registration unit by e-mail at attyreg@nycourts.gov or by telephone at (212) 428-2800.


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Q] What should I do if I cannot complete my CLE requirement on time?

A] If you cannot complete your CLE requirement within 30 days after your birthday (the deadline for experienced attorneys to complete their CLE and file their attorney registration form), you should request an Extension of time.


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Q] May I carry over CLE credits from one biennial reporting cycle to the next?

A] As an experienced attorney, once you have completed the 24 CLE credit requirement, a maximum of 6 additional credits earned may be applied toward the next reporting cycle. You may carry over credits in any category, including Ethics and Professionalism, and Diversity, Inclusion and Elimination of Bias, and Cybersecurity, Privacy and Data Protection (General/Ethics). For more information, see Carryover Credit FAQs.


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Q] Must I send the CLE Board my CLE certificates? Who tracks my compliance?

A] Please do not send your CLE certificates to the CLE Board. The New York State CLE program is a self-reporting system. You must retain certificates of attendance, and/or other documentation of compliance with, or exemption from, the CLE requirement, for a period of at least four years from the date of the course or program. You are responsible for tracking your compliance with the CLE requirement.


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Q] What happens if I do not fulfill my CLE requirement?

A] The names of attorneys who fail to comply with the CLE requirement may be submitted to the Appellate Division for appropriate action.


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Q] What if I have more questions?

A] Please e-mail your questions or comments to CLE@nycourts.gov.


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