Frequently
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- What is Mandatory Continuing Legal
Education?
- Mandatory Continuing Legal Education, a program adopted by the Oklahoma
Supreme Court in 1986, establishes minimum requirements for continuing
legal education for Oklahoma attorneys. The program is administered
by the OBA Mandatory Continuing Legal Education Commission. The Commission
consists of nine members.
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- What are the minimum educational
requirements of the MCLE program?
- Unless exempt, every active member, aged 64 and younger, must complete
a minimum of 12 Oklahoma MCLE approved continuing
legal education (CLE) credits during the calendar
year. No more than 6 of the 12 CLE credits can be earned by participating
in Oklahoma MCLE approved online seminars. At least 1 of the 12 CLE
credit hours must also be approved for legal ethics.
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- Who must comply with the MCLE requirements?
- Except for senior and associate members, every OBA member must comply
with the requirements unless covered by an exemption under Supreme
Court Rule 2.
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How are Mandatory Continuing Legal Education records kept?
- If you attend a formal course or seminar that has been accredited
by the Oklahoma Bar Association MCLE Commission in advance, you should
sign-in before the seminar begins and after lunch, if applicable. The
sponsor will send the MCLE Department a report of those who signed in
within 30 days of the program. The attendance information will then
be entered in your current MCLE compliance record. In some cases, it
may be necessary for you to obtain written verification of your attendance
that you can submit it to the MCLE Department.
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- Is the OBA/MCLE Commission the same as
OBA/CLE?
- No. The OBA/CLE Department is a presumptively approved sponsor of
continuing legal education. The OBA/MCLE Commission administers the
MCLE Rules.
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- Does Oklahoma have an
ethics requirement? What is the required number of CLE hours?
- Yes. Oklahoma requires that of the 12 hours of mandatory CLE required
each year, a minimum of 1 hour must be in the area
of professional responsibility, legal ethics or legal
malpractice prevention.
- To meet the ethics requirement in Oklahoma, instruction must be in
blocks of time specifically devoted to legal ethics. Issues related to
ethics may be included as part of a program highlighting another area
of the law, as long as the ethics portion is in identifiable blocks of
time.
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- What dates constitute
a compliance period?
- The period from January 1 through December 31 is the Oklahoma MCLE
compliance period.
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- When do I need to start
earning the required credit?
- For newly licensed attorneys, you are exempt from the educational
requirement for the year you are admitted to practice law in Oklahoma.
Your first year exemption will be filed automatically. You are not required
to file the Annual Report of Compliance for the year you are first admitted
to practice in Oklahoma. If you earn credit after you are admitted and
before the end of the calendar year you are admitted, this credit can
be carried forward to the following year only.
- The following calendar year, you must earn the minimum requirement
by December 31 of that year. If you earn your required credit by December
31 and the MCLE Department has a record of your attendance, you
do not need to do anything further. You can check your MCLE record any
time at the Oklahoma Bar Association web site. Select the "my
okbar" tab and log in using your bar number and your PIN.
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- May I carry over excess
credit hours?
- Yes. A maximum of one years requirement, 12 hours including
1 ethics hour, may be carried to the next year providing
such credit is reported the year it is taken.
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- Will I be required to
file a report at the end of the year?
- The MCLE rules no longer require that an Annual Report of Compliance be
filed by members whose MCLE record reflects that he or she has the required
hours by December 31. The Annual Report of Compliance must be
filed by members who do not have sufficient credit on their MCLE record
by December 31 or by members who must report an exemption. Exemptions
for newly admitted attorneys and those who have reached age 65 are recorded
automatically. No report is required from members entitled to these two
exemptions.
- In mid-January the Annual Report of Compliance is mailed to
all members whose records indicate that they do not have sufficient credit.
Upon receipt, you should make whatever additions or corrections need
to be made or mark the appropriate exemption. You may also file this
report online after January 2. Select the "my
okbar" tab, log in using your bar number and your PIN and follow
the directions under MCLE credits.
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- Will I receive any type of
advance notice of my present MCLE record prior to the end of the calendar
year?
- Member of the OBA receive an Interim Annual Report of Compliance in
late October. You can contact the MCLE Department at any time during
the year to check your current status, or you can check your status over
the internet. Select the "my
okbar" tab and log in using your bar number and your PIN.
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- What is a "presumptively
approved provider?"
- An accredited, or presumptively
approved sponsor is an organization whose entire CLE program has been
accredited by the MCLE Commission. An attorney who attends a CLE activity
sponsored or co-sponsored by a presumptively approved sponsor is generally
assured MCLE credit, with one credit hour for each 50 minutes of actual
instruction. The only educational programs of presumptively approved
providers that would not qualify are those on topics not directly related
to substantive or procedural law or ethics.
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- I attend programs both
in-state and out-of-state. How do I apply for credit for each of these?
- Most sponsors are familiar with the application and reporting procedures
in Oklahoma. In-state sponsors will require attendees to sign in when
the seminar begins and again after lunch. For out-of-state programs,
many sponsors may have applied for credit prior to the program.
- An attorney may apply for credit independently by completing the Uniform
Application for Accreditation, along with the $15 per application
fee. A copy of the program agenda or brochure for computation of CLE/ethics
hours must also be included. A review of the seminar handout materials
may also be required. In some instances, another individual or the sponsor
may have already submitted written materials. If further information
is needed, the MCLE office will contact you.
- MCLE Regulation 4.5 provides that sponsors or individuals should apply
for approval 45 days before the activity. While this is ideal, it is
not always practical. Application can take place within 90 days after
a program or by December 31, whichever comes first; however, do not assume
credit will be granted.
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- How are continuing legal
education hours calculated?
- Allocation of continuing legal education hours is never arbitrary.
Instead, each 50 minute segment of actual instructional time constitutes
1.0 CLE hour.
- Instructional periods of less that 1 CLE hour are rounded to the nearest
half hour.
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- Do I have to attend
seminars in Oklahoma?
- No. Approved CLE courses in any state or country will qualify for
credit as long as they meet Oklahoma accreditation standards and the
appropriate application procedures are followed. Course content, not
location, is the controlling factor.
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- It is
difficult to get away from the office for live CLE seminars. I'd
like to secure my CLE hours by a correspondence course or by self-study.
Are these options available to me?
- No. There is no provision for self-study or correspondence course
work in Oklahoma. Upon written request, exceptions may be granted for
physical limitations which restrict an attorneys ability to be
mobile, sit, see or hear. The Commission may approve satellite presentations.
Video tape presentations are allowed when the program is Oklahoma MCLE
approved, there are at least 5 licensed attorneys attending the video,
each attendee has the required written materials and the video is shown
in a setting with writing surfaces.
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- Does Oklahoma approve
in-house programs?
- Oklahoma does approve in-house programs as long as they meet the criteria
set forth in MCLE policy. Applications for approval of an in-house activity
must be received by the Commission 45 days in advance of the program.
In addition, at least 50% of the instructional time must be presented
by persons having no affiliation with the firm.
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- May I receive
credit under the MCLE program for attending a course offered by a law
school.
- Yes. Courses offered by an ABA accredited law school shall receive
credit on the same basis as other CLE providers. Credit is available
for regular enrollment or auditing a college of law course, equal to
3 times the number of credit hours granted by the college of law for
completion of the course.
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- How will I know
how many CLE credit hours I will be awarded for teaching?
- You must apply for teaching credit using the prescribed form. You
will be issued a notice of accreditation stating the CLE hours granted.
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- How is teaching credit
determined?
- Regulation 3.3 provides 6 hours of CLE credit for each 50 minutes
of instruction at an approved continuing legal education activity. If
teaching is part of a panel, the time is divided equally among the instructors.
- Teaching credit is not awarded for the conference moderator and will
not be awarded for teaching to a non-attorney audience.
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- I prepared the written
materials used in association with a CLE presentation. If someone else
teaches the course or it is canceled, may I receive any credit?
- No.
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- Are extensions
of time to complete CLE requirements available?
- No. If you complete your educational requirements after December 31,
there is assessed a $100.00 fee for late compliance.
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- Where do I call if I have
questions?
- The MCLE Office is located at the Oklahoma Bar Center. This office
can be reached at (405) 416-7009 or for Oklahoma residents at (800) 522-8065
or mcle(at)okbar.org.
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Mandatory Continuing Legal
Education, a program adopted by the Oklahoma Supreme Court in 1986, establishes
minimum requirements for continuing legal education for Oklahoma attorneys.
The program is administered by the OBA Mandatory Continuing Legal Education
Commission, which consists of nine members. The MCLE department is not
a division of the CLE department and as a result, is not involved in sponsoring
any CLE seminars.
Please contact us if you have questions concerning
approval of a seminar, approval of teaching credit or the Annual Report
of Compliance.
E-mail: mcle@okbar.org
Phone: (405) 416-7009
Mail: P.O. Box 53036
Oklahoma City, OK 73152 |