TEXAS MCLE REGULATIONS

1.1              All references to 'reporting period' in the MCLE Rules (Article XII, State Bar Rules) should be replaced with the term 'MCLE compliance year' as that term is now defined in Section 2(L) of the MCLE rules.

1.2              Each member's initial MCLE compliance year shall be a 24-month period that begins on the first day of the attorney's first birth month to occur after the licensing date and ends on the last day of the month that immediately precedes the attorneys birth month which occurs two years after the licensing date.

1.3              For the initial MCLE compliance year, only the minimum CLE credits required for the regular one-year MCLE compliance year are required to be completed during this special two-year compliance year. CLE credits completed prior to the start of the initial MCLE compliance year will be allowed.

1.4              A member's minimum CLE requirements should be completed by the last day of the MCLE compliance year for any given year. However, if a member has not completed the minimum CLE requirements by the last day of any given MCLE compliance year, then that member shall be given an automatic grace period up to the last day of their birth month to complete the minimum requirements without penalty. If the minimum credits are not completed until after the end of the member's birth month for that year, then a penalty will be required as specified below.

2.0              CATEGORIES OF CREDIT

2.1              Participatory Credit.

Participatory credit is CLE credit that is obtained from a CLE activity which is conducted in a forum or setting that allows attorneys to participate or interact with one another and thereby foster the free exchange of information and ideas among the participating attorneys. Participatory credit shall include all CLE activities specified in Sections 2.2.1 and 2.1.2 below. A minimum of ten (10) Participatory credit hours are required for each MCLE compliance year.

2.1.1           Group Participatory Credit may be claimed for any of the following types of CLE activities:
        a)    attending in person (through non-electronic means) accredited CLE activities, including seminars, courses, conferences, lectures, panel discussions, question-and-answer periods, in-house education or video or film instruction presented in an organized presentation (Article XII, Section 4A);
        b)    speaking at accredited CLE activities, including preparation time and presentation time with credit for repeated presentations (Article XII, Section 4C);
        c)    writing, as an author or co-author, materials published or to be published in the form of an article, chapter or book which contributed substantially to the continuing legal education of the author or co-author and other attorneys which was not done in the ordinary course of the practice of law or the performance of regular employment (Article XII, Section 4); and
        d)     participating as a mentor in a State Bar accredited Mentor Program (maximum of 5 hours allowable).

2.1.2          Interactive Participatory Credit, which is participatory credit obtained from an accredited CLE activity in which attorneys participate through some type of electronic medium, may be claimed for:
        a)    participating in interactive video and/or audio CLE programs;
        b)    participating in teleconferencing seminars;
        c)    participating in on-line computer seminars; and
        d)    participating in such other interactive CLE activities as may be developed through advanced technology, subject to approval of the MCLE Committee.

2.2            Self-Study Credit.
Self-Study Credit is CLE credit that is obtained from any type of CLE activity that is performed by an individual attorney acting alone and not while participating with other attorneys in the activity. A maximum of five (5) Self-Study credit hours can be applied toward each MCLE compliance year. Self-Study Credits may be claimed for any of the following types of CLE activities:

        a)    reading materials specifically prepared for an accredited activity;
        b)    reading substantive legal articles in recognized legal publications;
        c)    reading digests, advance sheets, cases, treatises, statutes, and regulations;
        d)    viewing videotapes produced by accredited sponsors;
        e)    listening to audio tapes produced by accredited sponsors;
        f)    attending non-accredited professional educational activities (Article XII, Section 4B)
        g)    serving as a judge or evaluator in any type of mock trial, moot court or client counseling competition, class or program; and
        h)    teaching , lecturing or speaking at a law school course that is performed in return for any type of monetary compensation, but is not performed in the capacity of a full-time faculty member of the law school.

3.0             MINIMUM EDUCATIONAL REQUIREMENTS

3.1            Fifteen total hours of accredited continuing legal education credit are required to be completed during each MCLE compliance year (including an initial compliance year) in order to meet the minimum educational requirements set out in Article XII, Section 6A, State Bar Rules.

3.2            Pursuant to Article XII, Section 6B, State Bar Rules, and starting with all MCLE compliance years that have a beginning date on and after July 1, 1996, a minimum of three (3) of the required fifteen (15) hours of CLE must be completed in the subject areas of legal ethics and/or professional responsibility. Two (2) hours of this minimum 3-hour requirement must be completed in the form of participatory credit. One (1) of this minimum 3-hour requirement may be completed in the form of self-study credit.

For all MCLE compliance years that have a beginning date prior to July 1, 1996, one (1) hour of the required fifteen (15) hours of CLE must be completed in the subject areas of legal ethics and/or professional responsibility, and this one-hour requirement can be completed either in the form of participatory credit or self-study credit.

3.3            Carry-forward CLE Credit Hours. A member may carry forward CLE credit hours earned in excess of the minimum 15-hour requirement to the following year's requirement up to a maximum limit of fifteen (15) credit hours. Members may only carry forward excess credit earned to the next MCLE compliance year. Legal ethics or professional responsibility credit will carry forward similarly. (Article XII, Section 6E)

3.4            CLE credit hours are computed based on actual time spent in an activity (actual instruction time, reading time, running time of tapes, audio or video) reported in hours to the nearest on-quarter hour reported in decimals, except as relates to law school curriculum which shall be computed based on the number of credit hours awarded by the law school. (Article XII, Section 7A)

Sponsors shall compute CLE credit hours for accredited activities based on this formula and shall identify the number of hours on the application form prescribed by the MCLE Committee. (Article XII, Section 7A)

The individual attorney will need to compute CLE credit hours in instances of in-house education programs, preparation and presentation time for speakers, composition time for authors as well as instances where the attorney attends part of a session of a planned activity. (Article XII, Section 7B, C, D)

4.0            CONTINUING LEGAL EDUCATION ACTIVITIES SOURCES

4.1            Video tapes presented as an accredited CLE activity shall be considered Group Participatory credit. Audio and video tapes used on an individual basis shall be considered Self-Study credit. In either case, only tapes produced by accredited sponsors shall be acceptable for credit. (Article XII, Section 4B)

4.2            In-house Educational Activities applicable to Self-Study credit shall include those non-accredited activities that are offered by law firms or corporations that are solely for the benefit of their own employees.
(Article XII, Section 4B)

4.3            In-house Educational Activities applicable to Participatory credit shall include those activities that are offered by local, state and federal government agencies, the military, and law firms or corporations, provided each program is accredited in advance and is a structured continuing legal education activity.

5.0            SPECIAL CASES AND EXEMPTIONS

5.1            Full-time Faculty Members of ABA accredited law schools are allowed to claim a special CLE credit equal to the amount of the minimum requirements of Article XII, except for the minimum requirement for CLE in legal ethics or professional responsibility as specified in Section 3.2 above.

5.1.1       The member shall give written notification to the MCLE Director indicating his/her full-time teaching status and the law school of which he/she is a faculty member. Annually, the member will reaffirm this status on the appropriate form supplied by the MCLE Department.

5.2            Judicial Exemption.
Judges subject to Supreme Court Order for Judicial Education dated August 21, 1985, Supreme Court Order for Judicial Education for Retired or Former District Judges dated July 2, 1986, and federal judicial officers are eligible to claim an exemption from these requirements.

5.2.1        Judges exempt from the Rules are requested to give written notification to the MCLE Director in order to claim this exemption. Annually, judges will reaffirm this exemption on the appropriate form supplied by the MCLE Department.

5.3           Non-practicing Exemption.

5.3.1        Members who have not engaged in the practice of law in Texas during the entirety of an MCLE compliance year are eligible to claim an exemption from the MCLE requirements. Members who are engaged in the practice of law at the beginning of a MCLE compliance year by who later cease from practice during that compliance year are not eligible for this exemption for that compliance year.

5.3.2        For purposed of this section, 'practice of law' shall mean: (1) the preparation of any kind of pleading or other paper incident to actions and special proceedings on behalf of a client before judges, courts and administrative agencies, (2) the preparation or presentation of any kind of legal instrument, and (3) in general, the giving of advice to clients and taking any form of action for them in matters connected with the law. All of these enumerated services shall be considered practicing law regardless of whether a fee is charged or collected. However, a member who renders any of these enumerated services on behalf of his/her own personal or immediate family interests shall not be considered to be practicing law for purposes of this definition.

5.3.3        Members who serve as judicial law clerks in Texas are not eligible for this non-practicing exemption.

5.4            A member who is on Inactive membership status with the State Bar shall be exempt from the MCLE requirements. Members whose membership status is Active at the beginning of a MCLE compliance year but who later change to Inactive status during the course of that compliance year are not eligible for this exemption for that compliance year.

5.5            A member who has been disbarred, who has no permanent license or who has resigned from membership in the State Bar shall be exempt from the MCLE Requirements.

5.6            Legislature/Congress.
Any member who is either (a) a member of the Texas Legislature during any MCLE compliance year, or (b) a member of the U.S. Congress during any MCLE compliance year, is eligible to be automatically credited with the minimum number of CLE credits required by the MCLE rules.

5.7            Legislature Attorney.
Any member who is employed as an attorney in one of the capacities specified in Section 81.113 of the Texas Government Code (as amended) is eligible to be automatically credited with the minimum number of CLE credits required by the MCLE rules, except for the minimum requirements in legal ethics or professional responsibility as specified in Section 3.2 above.

5.8            Hardship Exemption.
Any member who is unable to satisfy the minimum CLE requirements during any MCLE compliance year due to any undue hardship caused by illness, medical disability or other extraordinary or extenuating circumstances beyond the control of the member may apply for a hardship exemption from the MCLE requirements for that compliance year. Undue hardship generally will not include financial hardship or lack of time due to a busy professional or personal schedule.

5.9            Self-study Allowance.
Any member who is unable to satisfy the minimum CLE requirements during any MCLE compliance year due to extraordinary or extenuating circumstances beyond the control of the member may apply to have the maximum limit on self-study credit hours specified in Section 2.2 above waived, such that all of the remaining CLE credit hours for that compliance year can be completed through self-study credit.

5.10           Extensions.
A member may file a written petition requesting an extension of the member's MCLE compliance year for ninety (90) days past the last day of the member's birth month when circumstances exist that prevent the member from being able to comply with the MCLE requirements for the compliance year. "Good Cause" for an extension may exist in the event of illness, medical disability or other extraordinary hardship or extenuating circumstances beyond the control of the member. An extension generally will not be allowed due to financial hardship or lack of time due to a busy professional or personal schedule.

5.10.1       No extensions shall be allowed unless it is requested prior to the last day of the member's birth month. A member seeking an extension shall submit a written request to the MCLE Committee detailing the circumstances for such request. If an extension is granted, the period of time for which the MCLE compliance year is extended will directly reduce the length of the following MCLE compliance year. A written notification of the determination made on each extension request will be mailed to the member making such request.

6.0             PROCEDURES FOR REPORTING CLE CREDIT HOURS

6.1             Attendance Records for Accredited CLE Activities. Each member shall complete a State Bar of Texas CLE Attendance Form while in attendance at accredited CLE activities. The State Bar of Texas Attendance Form should be provided by the CLE sponsor of an MCLE accredited activity. The member must complete the attendance form while in attendance and leave the form with the sponsor for submission to the State Bar of inclusion in the member's MCLE compliance record. If a member is unable to complete a State Bar CLE Attendance Form while in attendance at an accredited CLE activity, the member should complete a substitute CLE Credit Input Form to be obtained from the MCLE Department.

6.2            Members are to report all other types of CLE credit hours for recording in their MCLE compliance record using an input form to be obtained from the MCLE Department.

7.0            NON-COMPLIANCE PROCEDURES

7.1            Failure to comply with the requirements may encompass lack of adequate credit hours, credit hours reported for non-accredited CLE activities, inclusion of credit hours for activities not defined in the categories of credit, and/or lack of ethics credit. Members failing to comply with the requirements will receive a Non-Compliance Notice stating the specific discrepancy and will be given thirty days from the date of notification to file the notice clarifying the discrepancy or otherwise showing compliance with the requirements.

7.2            Grace Period.
Members who have not completed their minimum CLE credit hours by the last day of their MCLE compliance year shall be given until the last day of their birth month as a grace period as specified in Section 1.4 above. Members may use this grace period to attain the remaining number of credit hours needed to complete the requirements for the compliance year in question, without incurring a penalty. CLE credit hours earned in excess of the number needed to complete the requirements for the compliance year in question may be carried forward to meet the minimum requirements for the next compliance year.

7.3            Non-Compliance Fee.
An attorney who is not exempt from the full MCLE requirements, and who fails to complete the minimum CLE credit hours by the end of his/her birth month (or extension period that has been allowed pursuant to Section 5.10 above) shall pay a $50 non-compliance fee. Payment of this fee is required in order to bring a member's MCLE record into compliance. Failure to pay this fee shall be considered to be non-compliance with the MCLE requirements and will subject to the member to suspension as specified below.

8.0            SUSPENSION OF LICENSE

8.1            Members who fail to comply with the minimum CLE requirements, after having been given all the required notices as set forth in Section 8, Article XII, State Bar Rules, shall be suspended from practice in accordance with Section 8(E), Article XII, State Bar Rules.

9.0            REINSTATEMENT

9.1            A member whose license to practice law has been suspended due to non-compliance my be reinstated by completing the CLE credit hours needed to fulfill the remaining requirements for the MCLE compliance year for which the member was suspended, and by paying a reinstatement fee of $300 to the State Bar. (If the non-compliance fee was required to be paid as specified in Section 7.3 above, it must also be paid before a suspended member can be reinstated.) A member may attain the necessary credit hours during the period of suspension to meet the requirements for the year or years of non-compliance. These credit hours may not be counted toward meeting the current year's requirement.

9.2            The Director, upon receipt of proper documentation showing that a suspended member has satisfied the CLE credit hours that were outstanding for the MCLE compliance year for which the member was suspended, and payment of the reinstatement fee (and non-compliance fee, if required), will notify the Clerk of the Supreme Court in order that the member may be reinstated. The Director will then notify the member of reinstatement.

10.0           ACCREDITATION OF CLE ACTIVITIES

10.1          The following Standards will govern the approval of continuing legal education activities by the Committee.

10.1.1       The activity shall have significant intellectual or practical content for attorneys.

10.1.2       The activity shall constitute an organized program of learning dealing with matters directly related to legal subjects and the legal profession, including professional responsibility, legal ethics or law office management.

10.1.3       The activity shall be conducted by an individual or group qualified by practical or academic experience in a suitable facility.

10.1.4       Sponsors shall indicate in promotional materials the purpose of the activity, identify the instructors, the time devoted to each topic, and the intended audience. Some means of evaluation by participants is encouraged.

10.1.5       While written materials need not be distributed for every activity, thorough, high quality written materials should be distributed to all participants at or before the time the activity is offered whenever practicable.

10.1.6       A list of all participants for each activity shall be maintained by the sponsor for a period of at least three years and sent to the Director in a form to be designated by the Committee immediately following each activity.

10.1.7       For CLE activities that have received accreditation for MCLE, the sponsors of those activities shall indicate in promotional materials that such activity has been accredited for MCLE by including the following statement:
            "This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee
            on MCLE in the amount of ____ credit hours, of which ____ credit hours will apply to legal ethics/professional responsibility credit."

10.1.8       For CLE activities in which an application for accreditation has been filed but accreditation has not yet been granted, the sponsors of those activities shall include the following statement in promotional materials: "An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending."

10.1.9        Activities which fail to comply with the notice provisions required in Sections 10.1.7 and 10.1.8 above may subject the sponsors of these activities to sanctions.

10.1.10    The activity must have a least on-half (.50) hour of instructional time.

10.1.11    The activity must be open to a member of the MCLE Committee or its designee at no cost (except for meals, lodging or similar out-of-pocket costs attributable on an individual basis) for purposes of monitoring the quality of the CLE activity and compliance with the MCLE rules and regulations.

10.1.12    Each sponsor must provide an MCLE Complaint Form to any member who attends an accredited CLE activity and who wishes to file a complaint with the MCLE Committee about any aspect of the activity. This form should be readily available to all participants at all times while the activity is being conducted. All complaint forms will be reviewed by the MCLE Committee, and if the Committee determines that a response is necessary from the sponsor, the sponsor will be notified in writing and provided a copy of the complaint. If the sponsor has not resolved the complaint to the satisfaction of the MCLE Committee within sixty (60) days after the notice, the Committee may, at its discretion, suspend further accreditation of any applications filed by said sponsor until the matter is satisfactorily resolved.

10.2        PROCEDURE FOR APPLYING FOR ACCREDITATION OF CLE ACTIVITIES
CLE activities may be accredited upon the written application of sponsors on an accredited sponsor basis, sponsors on an individual program basis, or by attorneys on an individual program basis for out-of-state activities. All applications for accreditation of a CLE activity shall:
        a)    Be submitted at least thirty (30) days, and preferably longer, in advance of the course, although the Committee may grant approval on applications filed less than 30 days prior or retroactive approval if the proper penalty for late filing is paid, as specified below;
        b)    Be submitted on a form provided by the Committee;
        c)    Contain all information requested on the form;
        d)    Be accompanied by a sample brochure or course outline that describes the course content, identifies the instructors, lists the time devoted to each topic, and shows each date and location at which the program will be offered.
        e)    Include a detailed calculation of the total CLE hours and legal ethics/professional responsibility credit hours; and
        f)    include a clear designation on the course outline or brochure of any parts or sessions of the CLE activity that are sought to be accredited for legal ethics/professional responsibility. Any such designated parts or sessions must be clearly indicated with a starting time and duration. In order to be accredited for legal ethics/professional responsibility, each such part or session must have a duration of at least one quarter (.25) hour.

10.3        Accreditation of Sponsoring Agencies.
The Committee may extend approval to a sponsoring agency for all of the CLE activities presented by such sponsor that conform to 10.1. Eligibility for accredited sponsor status shall be extended to local or district bar associations, state and national legal organizations, ABA/AALS accredited law schools, state bar associations, and other nonprofit and commercial organizations that consistently provide CLE to the legal community.

10.3.1    Sponsors shall be required to provide specific information to the Committee related to each CLE activity at least 30 days prior to the day the activity commences on a form provided by the Committee, and a brochure or outline that describes the course content, identifies the instructors, lists the time devoted to each topics, and shows each date and location at which the program will be offered.

10.3.2     The Committee may revoke accreditation at any time when sufficient evidence demonstrates that the sponsor is not complying with the Standards.

10.4        Approval of In-House Education Activities.
Courses by local, state and federal government agencies, the military, law firms, either individually or in connection with other law firms, corporate legal departments, or similar entities primarily for the education of their members may be accredited for MCLE credit under the Rules and Regulations applicable to any other sponsor and the requirements set forth in sections 10.1 and 10.2 above, plus the following additional conditions:
        a)    The courses shall be submitted for approval on a course-by-course basis at least 30 days prior to the date of the activity, rather than on an accredited sponsor basis;
        b)    Experienced instructors must contribute to the teaching and efforts should be made to achieve a balance of in-house and outside instructors;
        c)    The course must be scheduled at a time and location so as to be free of interruptions from telephone calls and other office matters.

10.5        Attorney Request for Accreditation of Out-of-State CLE Activity.
A member of the State Bar of Texas may seek credit for an out-of-state CLE activity that has not been previously submitted and approved by the CLE sponsor by completing an application form to be provided by the Committee and providing a brochure or other outline describing the course content, identifying the instructors, listing the topics by title, and showing the time schedule for each topic. An accreditation fee of $15 per request shall be imposed upon the member and shall be submitted at the time of request.

10.6        Request for Teaching Credit.
Credit may be earned for teaching in an approved CLE activity. To receive credit, the member shall submit an application for teaching credit on a form to be provided by the Committee.

10.6.1    Presentation and preparation time will qualify for CLE credit on the basis of hour-for-hour credit for each hour spent in preparation and the actual time of presentation. Repeat presentations qualify for the actual time of presentation.

10.7        Request for Writing Credit.
Credit may be earned for research-based writing activities, provided the activity (1) produced material published or to be published in the form of an article, chapter or book written, in whole or in part, by the applicant; (2) contributed substantially to the continuing legal education of the applicant and other attorneys; and (3) is not done in the ordinary course of the practice of law or the performance of regular employment. To receive credit, the member shall submit an application for writing credit on a form to be provided by the Committee.

10.7.1    In granting credit for research-based writing, the Committee shall consider the following factors: (1) the content, level and length of the materials; (2) the originality of the materials with the individual applicant; and (3) the nature of the publication in which they appear, if any.

10.8        Accreditation and Late Filing Fees

10.8.1    Accreditation Fee Paid by Sponsors of CLE Activities. An accreditation fee shall be required for each CLE activity for which a sponsor seeks MCLE accreditation for such activity pursuant to these regulations, unless exempted as set out in section 10.8.3 of this regulation.

10.8.2    The accreditation fee shall be calculated at the rate of $10.00 per approved credit hour or $5.00 per Texas attendee, whichever is less, with the minimum fee of $25.00 to be paid for each CLE activity. Payment of this minimum fee shall accompany each application for accreditation submitted by a sponsor. Applications for accreditation submitted without payment of this minimum fee shall be returned to the sponsor without being processed for accreditation. If the CLE activity is subsequently accredited, the balance of the accreditation fee, if any shall be paid by the sponsor within thirty (30) days after conclusion of the corresponding CLE activity.

10.8.3    Exemption.
An exemption from payment of the accreditation fee specified in 10.8.1 above shall be allowed for each accredited CLE activity that is solely sponsored by a local or district bar association for which no separate attendance fee is charged. For purposes of this subsection, "local or district bar association" shall mean a bar association contained within a particular geographical area of a city, county or state judicial district and that is open for membership to the entire general lawyer population within such area.

10.8.4    Accreditation Fee Paid by Members for Out-of-State CLE Activities.
An accreditation fee shall be required for any out-of-state CLE activity (not previously accredited through an application by the sponsor of the activity) for which a member seeks accreditation on an individual basis pursuant to these regulations. A separate application and accreditation fee shall be required for each member who attends the activity and who desires to receive MCLE credit for such activity.

10.8.5    The amount of this accreditation fee shall be $15.00 for each application for accreditation submitted regardless of the number of credit hours allowed for the CLE activity.

10.8.6    This fee shall be paid directly by each individual member requesting accreditation for the out-of-state activity. Payment of the fee must accompany the application for accreditation which can be submitted either before or after the activity is conducted. Individual applications for accreditation submitted without proper payment of the $15.00 fee shall be returned without being processed for accreditation.

10.8.7    A penalty for late filing in the amount of $50 must be paid for each accreditation application filed by a CLE sponsor if the application is not received in the office of the MCLE Department at least fifteen (15) calendar days prior to the starting date of the CLE activity specified on the accreditation application. The late filing deadline will be calculated by starting with the date that is one calendar day immediately prior to the starting date of the CLE activity, and counting backward 15 calendar days; the resulting date is the late fining deadline, and the application must be received by the close of business on that date in order to avoid this late filing fee.

10.8.8    When applicable, this penalty for late filing shall be required on all applications regardless of whether or not an accreditation fee is required. This penalty for late filing shall not apply to accreditation applications filed by individual members for out-of-state CLE activities.

11.0        EFFECTIVE DATE

The effective date for this set of regulations shall be January 1, 1996.

Exception: Any member who: (a) was exempt from the MCLE requirements due to age prior to January 1, 1996, and (b) who would again become subject to the MCLE requirements after January 1, 1996 due to the elimination of the age exemption in these regulations, shall not have to comply with the MCLE requirements until the first MCLE compliance year to occur for such member that has an ending date after January 1, 1997.