FAQs for Newly Admitted Attorneys

Most Popular Questions

The CLE Requirement for Newly Admitted Attorneys

 

Fulfilling The Requirement

 

Exceptions To The Requirement

 

Compliance & Reporting

 

The CLE Requirement for Newly Admitted Attorneys

Q] Who is a "newly admitted attorney"?

A] Attorneys admitted to the New York State Bar two years or less are considered newly admitted attorneys.


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Q] What if I was practicing law in another jurisdiction before I was admitted to the New York Bar?

A] If you were practicing law in another state, the District of Columbia, any territory of the United States or any foreign jurisdiction, for at least five of the seven years immediately preceding admission to the New York Bar, you will not be deemed newly admitted for the purposes of CLE, and you must comply with the CLE requirement for experienced attorneys.


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Q] What is my CLE requirement as a newly admitted attorney?

A] Newly admitted attorneys must earn a total of 32 CLE credit hours (with 16 credit hours each year) in the newly admitted cycle as follows:

Newly Admitted Attorney Required CLE Categories Year 1
CLE Credit Hours
Year 2
CLE Credit Hours
Law Practice Management, Areas of Professional Practice, and/or Cybersecurity, Privacy and Data Protection-General 7
see below
7
see below
Skills 6 6
Ethics and Professionalism 3 3
Cybersecurity, Privacy and Data Protection-Ethics see below see below
TOTAL 16 16

Cybersecurity, Privacy and Data Protection ("Cybersecurity") Category

You must complete at least 1 credit in Cybersecurity as part of the 32-credit requirement.

You may choose to complete the Cybersecurity credit:

  • in Year 1 or Year 2 (as part of the 16 credit-requirement for that year)
  • in Cybersecurity General or Cybersecurity Ethics (or a combination of the two)

You may apply a maximum of 3 credit hours of Cybersecurity Ethics - but not Cybersecurity General - toward your 6-credit Ethics and Professionalism requirement

Example: if you complete 1 credit in Cybersecurity Ethics in Year 1, you satisfy your Cybersecurity requirement, and then need to complete only 2 credits in Ethics and Professionalism for that year.

Example: if you complete 1 credit in Cybersecurity General in Year 1, you satisfy your Cybersecurity requirement and must complete an additional 6 credits in Law Practice Management, Areas of Professional Practice, and/or Cybersecurity, Privacy, and Data Protection-General for that year.


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Q] What is the new Cybersecurity, Privacy and Data Protection CLE requirement?  
A] Newly admitted attorneys (admitted to the New York Bar for two years or less) must complete at least 1 CLE credit hour in the Cybersecurity, Privacy and Data Protection CLE category of credit as part of their newly admitted cycle 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] 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 for attorneys admitted to the NY Bar on or after July 1, 2023.  

If you were admitted to the NY Bar prior to July 1, 2023, you need not comply with the Cybersecurity, Privacy and Data Protection requirement in your newly admitted cycle, but must comply in future reporting cycles.   

Attorneys admitted to the NY Bar on or after July 1, 2023, must complete 1 CLE credit hour in Cybersecurity, Privacy and Data Protection as part of their newly admitted attorney CLE requirement.  


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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] 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] Do I need to complete the Cybersecurity, Privacy and Data Protection CLE requirement in each year of my newly admitted cycle, i.e., 1 Cybersecurity CLE credit in Year 1 and 1 Cybersecurity CLE credit in Year 2? 
A] No, you only need to complete 1 CLE credit in Cybersecurity, Privacy and Data Protection during your newly admitted cycle. 


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Q] Do I need to complete the 1-credit Cybersecurity, Privacy and Data Protection CLE requirement during the first or second year of my newly admitted cycle?  
A] You can choose to complete the 1-credit Cybersecurity, Privacy and Data Protection CLE requirement in the first or second year of your newly admitted cycle as part of your 16-credit requirement for the year.


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Q] Do Cybersecurity, Privacy and Data Protection credits count toward my Ethics and Professionalism requirement?  
A] You may count a maximum of 3 Cybersecurity, Privacy and Data Protection-Ethics credits toward your Ethics and Professionalism requirement in your newly admitted cycle. Cybersecurity, Privacy and Data Protection-General credits do not count toward your Ethics and Professionalism requirement.


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Q] May I satisfy my entire Ethics and Professionalism requirement by completing Cybersecurity, Privacy and Data Protection-Ethics courses?  
A] No, you may satisfy a maximum of 3 credits of your total 6-credit Ethics and Professionalism requirement by completing Cybersecurity, Privacy and Data Protection-Ethics courses.  By doing so, you would also satisfy your 1-credit Cybersecurity requirement.


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Q] How do I satisfy my CLE requirement?
A] To receive credit, newly admitted attorneys must take accredited transitional CLE courses in a format permissible for the category of credit.


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Q] What are "transitional" CLE courses?
A] Transitional courses are designed to help newly admitted attorneys develop a foundation in the practical skills, techniques and procedures that are essential to the practice of law. The sponsoring organization will be able to tell you which of its courses are transitional.


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Q] What formats are permissible for Skills credit?
A] Skills credit must be earned in the traditional live classroom setting or by attendance at a fully interactive videoconference (participants are physically seated together in a group setting and all participants and faculty can see and hear anyone who asks or answers a question during the program) that has been approved by the CLE Board for use by newly admitted attorneys. See Formats for Newly Admitted Attorneys.


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Q] What formats are permissible for Ethics and Professionalism credit?
A] Ethics and Professionalism credit may be completed in the traditional live classroom setting, by attendance at a fully interactive videoconference that has been approved by the CLE Board for use by newly admitted attorneys, or by participation in the live simultaneous transmission of a live program, such as a webinar or teleconference, where audience questions are allowed during the program (synchronous interactivity). See Formats for Newly Admitted Attorneys.


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Q] What formats are permissible for Cybersecurity, Privacy and Data Protection credit? 
A] For Cybersecurity, Privacy and Data Protection-General courses, you may earn CLE credit in any approved format, including on-demand audio/video or webconference.  For Cybersecurity, Privacy and Data Protection-Ethics courses, you may earn CLE credit only in traditional live classroom, fully interactive videoconference, or in other live formats (e.g., webconferences, teleconferences) where questions are permitted during the course.  See Formats for Newly Admitted Attorneys


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Q] What formats are permissible for Areas of Professional Practice and Law Practice Management credit?
A] Areas of Professional Practice and/or Law Practice Management credit may be completed in any approved format, including nonparticipatory formats such as on-demand video, live broadcast, audio recording, etc. See Formats for Newly Admitted Attorneys.


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Q] If I complete an online prerecorded CLE program for which I am awarded 3 credits in Areas of Professional Practice and 1 credit in Ethics and Professionalism, may I count all 4 credits towards my CLE requirement?
A] No. You may count only the 3 credits in Areas of Professional Practice, as an online prerecorded program is not a permissible format for Ethics and Professionalism credit. See Formats for Newly Admitted Attorneys.


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Q] As a newly admitted attorney, am I required to earn Diversity, Inclusion and Elimination of Bias CLE credit hours as part of my newly admitted attorney CLE requirement?
A] Although you are encouraged to participate in such programs, the transitional CLE requirement for newly admitted attorneys (those admitted to the New York Bar for 2 years or less) does not include the Diversity, Inclusion and Elimination of Bias CLE credit component.


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Q] May I earn credit in the Diversity, Inclusion and Elimination of Bias CLE category of credit for attending diversity programs in order to apply the credit toward my first experienced attorney cycle CLE requirement?
A] No, only experienced attorneys may earn credit in the Diversity, Inclusion and Elimination of Bias category of credit for attending Diversity, Inclusion and Elimination of Bias programs.

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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] Yes. 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] How do I fulfill the format requirements for newly admitted attorneys if I practice in a foreign country?

A] Newly admitted attorneys based in law offices outside the United States may earn a maximum of 16 of the required 32 credit hours through any approved format. The remaining credits must be completed in a format permissible for the category of credit.


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Q] May I earn credit for writing a legal article, or for teaching at a CLE program?

A] No, only experienced attorneys may receive CLE credit for these activities.


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Q] May I earn CLE credit for providing pro bono legal services?

A] Newly admitted attorneys may earn pro bono CLE credit solely for the purpose of carrying over the pro bono credit to the following biennial reporting cycle. A maximum of 6 CLE credit hours, including pro bono CLE credit, may be carried over to the following reporting cycle.


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Q] May I earn CLE credits before I am admitted to the New York Bar?

A] You may earn a maximum of 16 CLE credits only for attendance at accredited transitional CLE courses from the date of law school graduation, up through the date of admission to the New York Bar. These credits must be completed in a format permissible for the category of credit, and may be applied towards your first-year requirement. Credit hours in excess of 16 may not be carried over and applied to your second-year requirement. No credit may be awarded for attendance at courses occurring more than two years before the date of admission to the New York Bar. You may not earn credit for any other CLE activities completed before you were admitted to the Bar.


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Q] May I earn CLE credit for attending a CLE course if I arrive late? What about 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] No. 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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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, but who do not otherwise practice law in New York during the relevant reporting cycle, 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 attorney 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 attorney 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 transitional courses accredited by New York Approved Jurisdictions.


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Q] I started practicing law a few months after my admission to the Bar. Do I need to complete all 16 credits for the first year?

A] No. Newly admitted attorneys who are not practicing law in New York when they are admitted and begin to practice law in New York during their first two years of admission to the New York Bar are subject to a pro rata CLE requirement. They must complete, by their second anniversary of admission to the New York Bar, 1.5 transitional CLE credit hours, in any combination of categories, for each month of the two-year period during any part of which they practice law in New York. These credits must be completed in a format permissible for the category of credit.


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Q] What if I stop practicing law during my first two years of admission to the New York Bar?

A] If you are not practicing law in New York at the end of the two-year period, you are subject to a pro rata CLE requirement. You must complete, by the second anniversary of your admission to the New York Bar, 1.5 transitional CLE credit hours, in any combination of categories, for each month of the two-year period during any part of which you practice law in New York. These credits must be completed in a format permissible for the category of credit.

However, if you take a break from the practice of law in New York in the middle of your two-year period, you are not eligible for a prorated CLE requirement, and must complete the entire first- and second-year CLE requirements for newly admitted attorneys.


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Q] If I practiced law in New York for only the first 12 months of my admission to the Bar, and have an 18-credit prorated CLE requirement, may I complete all 18 credits through on-demand programs in the Areas of Professional Practice and Law Practice Management categories?
A] No. Although you may complete all of the pro rata requirement in Areas of Professional Practice and/or Law Practice Management, you are limited to 14 credits in nonparticipatory formats, such as on-demand programs or podcasts.


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

A] Yes. 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. You should submit an Application for a Waiver or Modification to the CLE Board.

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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 via either mail or email. You must file your attorney registration form within 30 days after your birthday in the second calendar year following your admission to the New York Bar. That is, if you were admitted to the New York Bar in 2021, you will file your registration form within 30 days of your birthday in 2023.

You must certify, at the time of your registration, that you:

1) have satisfactorily completed New York’s CLE requirement and have retained proper documentation,

2) are exempt from the CLE requirement, OR

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

 

Newly admitted attorneys must complete their CLE requirement within two years of their date of admission to the New York Bar, no matter when they register.


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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 if my birthday comes before the second anniversary of my admission? (My birthday is in March; I was admitted in June.)

A] You will certify the number of CLE credits you have actually completed when you file your registration form. You will be considered in compliance even if you have not completed the full second-year requirement, so long as you have completed the first-year requirement. However, you remain responsible for completing your second-year credit hours by your second anniversary of admission to the Bar. Additionally, 12 of the 16 required CLE credit hours for the second year may be applied towards fulfilling your CLE requirement for experienced attorneys in your next reporting cycle. Ethics and professionalism credit hours may not be applied to the next reporting cycle.


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Q] What if my birthday comes after the second anniversary of my admission? (I was admitted in March, and my birthday is in June.)

A] You must complete your newly admitted CLE requirement by the second anniversary of your admission to the Bar even though you will not register until your birthday. If you have completed the required 32 CLE credit hours during your first two years of admission, credits that you complete between your second anniversary of admission and your birthday may be applied towards your next reporting cycle.


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

A] You should complete an Extension of Time Application and submit it to the New York State CLE Board by email to cleoffice@nycourts.gov.


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Q] What do I do if I completed fewer than 16 credits before my first anniversary, even though I completed all 32 before my second anniversary?

A] The Program Rules require that you complete 16 credits in each of your first two years. You should complete an Extension of Time Application requesting a retroactive extension for the purpose of adjusting your credits.


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Q] If I earn more credits than I need, may I carry over excess credits into another year or another reporting cycle?

A] As newly admitted attorney, if you earn more than 16 transitional CLE credit hours before the first anniversary of admission to the Bar, you may carry over and apply up to 8 of your additional credits earned during the first year of admission toward your second-year requirement. Once the second-year requirement is complete, you may apply up to 6 additional credits earned only in your second year toward the next reporting cycle. Ethics and Professionalism and Cybersecurity, Privacy and Data Protection-Ethics credits may not be carried over. 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] You may find answers in the Program Rules or in the CLE Board Regulations & Guidelines, or you may e-mail your questions or comments to CLE@nycourts.gov.


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