Continuing legal education (CLE), also known as mandatory or minimum continuing legal education (MCLE) or, in some jurisdictions outside the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, as
continuing professional development, consists of professional education for
attorneys that takes place after their initial
admission to the bar. Within the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
,
U.S. attorneys in many
states and
territories must complete certain required CLE in order to maintain their
U.S. licenses to practice law. Outside the United States, lawyers in various jurisdictions, such as
British Columbia
British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...
in
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, must also complete certain required CLE. However, some jurisdictions, such as the
District of Columbia
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
and
Israel
Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
, recommend, but do not require, that attorneys complete CLE.
Australia
* In
New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
continuing legal education is regulated by the
Law Society of New South Wales.
United States
No nationwide rules exist within the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
for CLE requirements or accreditation. Instead, each individual jurisdiction (i.e., each
state, the
District of Columbia
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
, and each
territory) exercises discretion on how to regulate
U.S. attorneys, which includes establishing rules for CLE requirements and accreditation. This authority is typically vested in each jurisdiction's
supreme court and delegated to special CLE commissions or boards.
Nonetheless, various efforts have been made to promote uniformity of CLE programs across U.S. jurisdictions. For example, the
American Bar Association (ABA) promulgated a model CLE rule for individual jurisdictions to adopt. Similarly, the
Continuing Legal Education Regulators Association (CLEreg) created a uniform CLE application, a uniform CLE attendance certification, and a CLE distance learning glossary. CLEreg also created a CLE guide to assist its members in managing CLE programs.
In U.S. jurisdictions with mandatory CLE requirements, attorneys must typically earn a minimum number of CLE credits (measured in hours) over a set period of years. Also, some of these jurisdictions require a minimum number of CLE credits for specific topics (e.g.,
ethics
Ethics is the philosophy, philosophical study of Morality, moral phenomena. Also called moral philosophy, it investigates Normativity, normative questions about what people ought to do or which behavior is morally right. Its main branches inclu ...
,
diversity training, elimination of bias,
professional responsibility, basic skills,
substance abuse, prevention of
malpractice, and attorney-client disputes).
U.S. attorneys typically earn CLE credits by completing legal training presented by experienced attorneys. The training may cover both
legal theory and practical experiences in legal practice. Competency testing is not usually required in order for attorneys to earn CLE credits through legal training. Classroom training materials can be extensive and may represent the most current and advanced thinking available on a particular legal subject. Oftentimes, a portion of CLE credits may be earned through reading and other self-study. In recent years, many jurisdictions now allow attorneys to earn CLE credits as part of
distance education courses taken
on-line or by listening to audio downloads.
Alternatively, experienced attorneys in some jurisdictions, such as
New York, may also earn CLE credits for speaking or teaching at accredited CLE programs; for moderating or participating in panel presentations at accredited CLE activities; for teaching law courses at
ABA-accredited law schools; for preparing students for and judging law competitions, mock trials and moot court arguments, including those at the high school or college level; for published legal research-based writing; and for providing pro bono legal services.
Legal training or other activities often meet the rules for CLE requirements and accreditation in multiple jurisdictions. In these instances, nothing prohibits attorneys licensed in one or more of these jurisdictions from counting the training or other activities towards fulfillment of their CLE credit requirements for each of these jurisdictions.
Opportunities for CLE are offered throughout the year by
state bar associations, national legal organizations such as the
American Bar Association,
Federal Bar Association,
law schools, and many other legal associations and groups such as non-profit CLE providers
Practising Law Institute (PLI),
American Law Institute Continuing Legal Education (ALI CLE; formerly American Law Institute-American Bar Association ALI-ABA),
The Center for American and International Law (CAIL), and The Institute of American & Talmudic Law (IAT Law), as well as other private enterprises lik
SproutEd Activities are usually open to all lawyers (and sometimes non-lawyers), but organizations often offer discounts to their own members. A recent trend is toward the provision and promotion of free CLE programs.
Uniquely,
Kentucky
Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...
allows all licensed attorneys in the state to complete their annual CLE requirement without a registration fee through a two-day program known as Kentucky Law Update, offered annually in at least seven locations throughout the state.
Some attorneys, particularly those who have spent many years in active practice, have resisted CLE requirements as
unconstitutional. However, in 1999, the
Supreme Court of California upheld that state's CLE program against an
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
constitutional challenge.
Canada
In
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, rules vary by jurisdiction (i.e.,
provinces and territories). For example,
Alberta
Alberta is a Provinces and territories of Canada, province in Canada. It is a part of Western Canada and is one of the three Canadian Prairies, prairie provinces. Alberta is bordered by British Columbia to its west, Saskatchewan to its east, t ...
has a mandatory
Continuing Professional Development (CPD) program, requiring preparation of annual CPD plans. Lawyers develop their plans and declare to the Law Society of Alberta on an annual basis that these are complete. The
Legal Education Society of Alberta provides tools to facilitate compliance with these requirements.
In
Ontario
Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...
the
Law Society of Upper Canada, beginning in 2010, instituted mandatory CPD hours for all lawyers in the province.
In
British Columbia
British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...
, CPD is mandatory and lawyers are required to annually report their continuing legal education activities to the
Law Society of British Columbia. The
Continuing Legal Education Society of BC provides tools to facilitate compliance with these requirements. Practicing lawyers must complete a minimum of 12 hours of coursework and 50 hours of self study annually.
The
Canadian Defence Lawyers association provides defence-oriented CLE.
The Philippines
Continuing legal education required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law (Rule 1, Bar Matter No. 850 – Supreme Court of the Philippines)
See also
*
Bar Professional Training Course
*
Continuing Legal Education Regulators Association (CLEreg)
*
National Judges College (China)
*
National Judicial Academy (India)
References
{{reflist
External links
SproutEdKnowledge Webcasts CLE DirectoryCLECenter.comALI CLE The American Law Institute Continuing Legal Education Group
ABA-CLE the
American Bar Association Center for CLE
ABA Model Rule for Minimum Continuing Legal Education with CommentsThe Center for American and International LawPractising Law InstituteACLEA the Association of Continuing Legal Education
CLEreg the Continuing Legal Education Regulators Association
NBI CLE
Law of the United States
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