REGULATIONS OF THE WASHINGTON STATE BOARD OF CONTINUING LEGAL EDUCATION Approved as Amended by the Board of Governors and Supreme Court Regulation 101. Definitions As used in these Regulations, the following definitions shall apply: (a) "Legal education" shall mean training obtained by lawyers already admitted to practice that maintains or enhances their competence as lawyers. It is recognized that education is important to lawyers. However, not all education is legal education within the meaning of these rules. (b) "Approved" or accredited legal education activity shall mean an individual seminar, course or other continuing legal education activity approved by the Washington State Board of Continuing Legal Education (Continuing Legal Education Board). (c) "Active member" shall mean any person licensed to practice law in the state of Washington as an active member of the Washington State Bar Association. (d) "Accredited sponsor" shall mean an organization whose entire continuing legal education program has been accredited by the Washington State Board of Continuing Legal Education, pursuant to Regulation 106 herein. A specific, individual continuing legal education activity presented by such a sponsor constitutes an "approved" legal education activity. (e) "CLE Board" shall mean the Washington State Board of Continuing Legal Education. (f) "Quorum" of the CLE Board shall consist of four (4) or more members of the Board. (g) "Chairperson" shall mean the chairperson of the CLE Board, except where other usage of that term is indicated. (h) "Executive Secretary" shall mean the executive secretary of the CLE Board. (i) "APR 11" shall mean Admission to Practice Rule 11, together with any subsequent amendments thereto, as adopted by the Supreme Court of the State of Washington. (j) "Teaching" in an approved continuing legal education activity shall mean and encompass the delivery of a prepared talk, lecture or address at such activity. (k) "Participating" in an approved continuing legal education activity shall mean and encompass taking part in such activity as a member of a panel discussion, without the preparation of written materials or the delivery of a prepared talk, lecture or address. (l) "Attending" an approved continuing legal education activity shall include and encompass: (1) Presence in an audience of two or more persons being addressed by participants in an approved continuing legal education activity, and (2) Viewing or listening individually to video or audio tapes, CD-ROM, motion pictures, simultaneous broadcast or other such systems or devices approved by the CLE Board. (m) "Groups 1, 2, and 3": the active members of the bar shall be divided into three groups. Group 1 shall be those admitted through 1975 and in 1991, 1994, 1997, 2000. Group 2 shall be those admitted 1976 through 1983, and in 1992, 1995, 1998. Group 3 shall be those admitted 1984 through 1990 and in 1993, 1996, 1999. Members shall continue to be assigned to Groups upon admission in the same consecutive manner. (n) "Professionalism" is no more, and no less, than conducting one's self at all times in such a manner as to demonstrate complete candor, honesty, courtesy and avoidance of unnecessary conflict in all relationships with clients, associates, courts and the general public. It is the personification of the accepted standard of conduct that a lawyer's word is his or her bond. It includes respectful behavior towards others, including sensitivity to substance abuse prevention, anti-bias or diversity concerns. It encompasses the fundamental belief that a lawyer's primary obligation is to serve his or her clients' interests faithfully and completely, with compensation only a secondary concern, acknowledging the need for a balance between the role of advocate and the role of an officer of the court, and with ultimate justice at a reasonable cost as the final goal. The area of professionalism shall include the issues of and training in diversity, anti-bias, and substance abuse training in order to improve public confidence in the legal profession and to make lawyers more aware of their ethical and professional responsibilities. (o) "Ethics" shall include discussion, analysis, interpretation, or application of the Rules of Professional Conduct, Rules for Enforcement of Lawyer Conduct, Code of Judicial Conduct, judicial decisions interpreting these rules, and ethics opinions published by bar associations relating to these rules, as well as the general subject of standards of professional conduct expected of lawyers acting in the representation of clients and in the public interest. (p) "Practicing law," for the purpose of this rule, is defined as the representation of one or more clients under the authority of a license to practice law in the state of Washington. [Regulation 101 amended effective May 2, 2000; October 1, 2002.] Regulation 102. Continuing Legal Education Requirement (a) As provided for in APR 11.2, each active member shall complete a minimum of 45 credit hours of approved legal education every three years. At least six of the 45 continuing legal education credit hours required during the reporting period shall be devoted exclusively to the areas of legal ethics, professionalism, or professional responsibility. If an active member completes more than 45 credits during a three-year reporting period, 15 of the excess credits may be carried forward and applied to that member's education requirement for the next reporting period. The fifteen credit hours that may be carried forward may include two credit hours toward the legal ethics, professionalism, or professional responsibility requirement. (b) Ethics/Professionalism Requirement. As provided for in APR 11.2(c) (c) All active members shall complete and report a minimum of six credit hours of approved or accredited legal ethics, professionalism, or professional responsibility continuing education for the reporting period terminating on December 31, 1998 and for each reporting period thereafter. [Regulation 102 adopted effective July 26, 1995; amended effective May 2, 2000.] Regulation 103. Credits: Computation (a) Continuing legal education credit may be obtained by attending, or teaching or participating in, continuing legal education activities which have been (1) approved by the CLE Board, (2) afforded retroactive approval by the CLE Board pursuant to APR 11 and these Regulations, or (3) conducted by an accredited sponsor, as set forth herein. (b) Credit shall be awarded on the basis of one (1) hour for each sixty (60) minutes actually spent by a member in attendance at an approved activity. Otherwise stated, a "credit hour" equals one (1) clock hour of actual attendance. (c) Meals and Banquets. Credit may not be denied merely because continuing legal education activities are presented at a meal or banquet. (d) Teaching or participating. Credit toward the continuing legal education requirement set forth in APR 11.2(a) and Regulation 102 may be earned through teaching or participating in an approved continuing legal education activity on the following basis: (1) An active member teaching in an approved activity shall receive credit on the basis of one credit for each sixty (60) minutes actually spent by such member in attendance at and teaching in presentation of such activity. Additionally, an active member teaching in such an activity shall also be awarded further credit on the basis of one credit hour for each sixty (60) minutes actually spent in preparation time, provided that in no event shall more than ten (10) hours of credit be awarded for the preparation of one hour or less of actual presentation. EXAMPLES: Attorney X, an active member, gives a one hour lecture presentation at a six (6) credit hour seminar presented in each of three cities. Attorney X is entitled to one credit hour for each sixty (60) minutes of actual attendance and teaching at presentation of the seminar. In addition, attorney X may be awarded up to ten (10) additional credits for time spent in preparation. Accordingly, Attorney X, if he attends and teaches in an entire presentation of the seminar, may claim a total of sixteen (16) credits maximum for his involvement in the three-city series of seminars. Attorney Y, an active member, gives a two (2) hour lecture at the same seminar. Attorney Y is entitled to one credit hour for each sixty (60) minutes of actual attendance and teaching at presentation of the seminar. In addition, Attorney Y may be awarded up to twenty (20) additional credits for time spent in preparation. Accordingly, Attorney Y, if he attends and teaches in an entire presentation of the seminar, may claim a total of twenty-six (26) credits maximum for his involvement in the three-city series of seminars. (2) An active member participating in an approved activity shall receive credit on the basis of one credit hour for each sixty (60) minutes actually spent by such member in attendance at presentation of such activity. Additionally, an active member participating in such an activity shall also be awarded further credit on the basis of one hour for each sixty (60) minutes actually spent in preparation time, provided that in no event shall more than five (5) hours of credit be awarded for such preparation time in any one such continuing legal education activity. EXAMPLE: Attorney Z, an active member, participates in a one hour panel discussion at a six (6) credit hour seminar presented in each of three cities. Attorney Z is entitled to one credit hour for each sixty (60) minutes of actual attendance at presentation of the seminar. In addition, Attorney Z may be awarded additional credits for preparation time for the panel discussion. Accordingly, Attorney Z, if he actually attends an entire presentation of the seminar, may claim a total of eleven (11) credits maximum for his involvement in the three-city series of seminars. (e) Law School Courses. Credit under the provisions of APR 11 shall be computed on the basis of one (1) credit for each clock hour of instructed law school class time actually attended up to a maximum of 15.00 hours per course. For example, under this formula an active member who actually attends 30 hours of instruction in a law school course may claim a maximum of 15.00 hours of credit under APR 11, with the remaining 15.00 hours being inapplicable toward the requirement and not capable of being carried over to the next reporting period. However, an active member attending two separate courses may earn a maximum of 15.00 hours of credit per course and in such instance may carry the excess 15.00 hours of credit over to the next reporting period. An active member taking such a course shall arrange with the instructor for verification of the active member's actual attendance at the various sessions of the course and for the reporting of such attendance to the Board. Success on any examination given in connection with such a course is not a prerequisite to obtaining CLE credit for attendance at the a course under the provisions of APR 11. (f) An active member shall receive a maximum of one-third of the continuing legal education required under APR 11.2(a) through self-study credits or audio/videotaped instruction (defined in Regulations Section 104(b)(1)). (g) Pro Bono Legal Services: A member may earn up to six (6) hours of credit annually by certifying that the member has fulfilled the following requirements under the auspices of a qualified legal services provider: (1) Each attorney seeking CLE credit will have received at least two (2) hours of education, under the auspices of a qualified legal services provider, which may consist of: (i) not less than two (2) hours of training with live presentation(s); or (ii) not less than two (2) hours viewing or listening individually to video or audio tapes approved by the CLE Board; or (iii) any combination of the foregoing training; or (iv) serving as a mentor to a participating attorney who has completed the foregoing training; and (2) Each attorney seeking CLE credit also will have subsequently completed not less than four (4) hours of pro bono work in providing legal advice, representation, or other legal assistance to low-income client(s) through a qualified legal services provider or in serving as a mentor to other participating attorney(s) who are providing such advice, representation, or assistance. [Regulation 103 amended effective May 2, 2000; August 3, 2004.] (h) Law Competitions. Credit may be earned for preparing Law School students for and judging law competitions, mock trials and moot court arguments. Ethics and professionalism credit hours are not available for participation in this type of CLE activity. CLE credit hours are not available for grading written briefs or other written papers in connection with this type of CLE activity. No additional credit may be earned for preparation time. The sponsor of the CLE activity is responsible for issuing appropriate certification documenting the name of the attorney, name, date and location of thw course or program and the number of CLE credit hours earned. (1) Law School Competitions: One (1) credit hour may be earned for each sixty (60) minutes of participation in an ABA accredited law school competition provided that the law school training activity is structured to require that the "judge" provide specific performance review feedback to each student participant. The performance review must conform to a redetermiuned "feedback process" to be established and agreed upon by the Law School and the participating attorney through a prior-to-the- activity communication (e.g. watching a videotape, reviewing a written outline for points to be covered by the "judge", etc.). The educational elements must be structured into the competition and must be consistent with Regualtion 104. (2) A Maximum of six (6) CLE credit hours may be earned for participation in this type of CLE activity during any one reporting cycle. Regulation 104. Standards for Approval (a) Basis for approval of courses. Courses will be approved based upon their content. An approved course shall have significant intellectual or practical content relating to the practice of law. In evaluating content, course presenters and audience may be considered but those will not be the principal criteria for approval. Courses involving federal or state taxation issues, arbitration or alternative dispute resolution, as examples, may appeal to persons from disciplines other than law, but may still be approved courses. (1) Definition. The course shall constitute an organized program of learning dealing with matter directly relating to the practice of law, legal ethics, or professionalism, including anti-bias and diversity training, and substance abuse prevention training. (2) Factors in evaluating. Factors which should be considered in evaluating a course include: (i) The topic, depth, and skill level of the material. (ii) The level of practical or academic experience or expertise of the presenters or faculty. (iii) The intended audience. (iv) The quality of the written, electronic, or presentation materials, which should be high quality, readable, carefully prepared and distributed to all attendees at or before the course is presented. In some cases, written material may not be necessary, but that is the exception and not the rule. (v) The physical setting is suitable to the educational activity, free from unscheduled interruption, and should include a writing surface where feasible. (b) Basis for approval of activities. Credit will also be given for certain activities which are not approved courses. The following activities will qualify for continuing legal education credit, subject to the restrictions set forth below. (1) Self-Study Credits. Attorneys may receive credit by watching or listening to video or audio tapes, CD-ROM, motion pictures, simultaneous broadcast, electronic or other such systems or devices approved by the CLE Board or by engaging on computer-assisted legal study programs, which meet the content requirements of (a), above. (i) To claim CLE credits earned through self-study, attorneys are required to report on their CLE Certification the number of credits for which the tape, CD-ROM, motion pictures, electronic or other such systems or devices, or computer assisted self-study program was approved, the sponsor, the title of the seminar or program, and the date the seminar or program was originally recorded or, in the case of computer assisted self-study programs, its most recent edition year. By signing the CLE Certification, attorneys will declare that they have not violated any copyright laws in earning credits reported in the Certification. (ii) Sponsors are required to affix on the outside of each audio or video tape, CD-ROM, motion pictures, electronic or other such systems or devices approved for credit by the Board, the name of the sponsor, the name of the program, the date originally recorded, the length of the tape in hours and minutes and the number of credits for which it has been approved. Computer assisted self-study programs are not subject to this provision. (iii) Sponsors are not required to submit copies of audio or video tape, CD-ROM, motion pictures, electronic or other such systems or devices with applications for approval. The CLE Board, however, reserves the right to obtain on demand a copy of any tape, CD-ROM, motion pictures, electronic or other such systems or devices, submitted for approval. (iv) If a live seminar is approved by the Board, the video or audio tape pr electronic version of that seminar is deemed approved without the sponsor submitting a second application for approval. Written materials distributed at the live seminar must also be distributed with the taped or electronic seminar. (v) Regulation 104(a) regarding the distribution of written materials applies to taped or electronic seminars as well as live seminars. It does not necessarily apply to computer assisted self- study programs. (vi) As a general rule, the accreditation of all tapes, except skills training tapes, expires five years after the date the tape was originally recorded. (2) Attendance at courses that have not applied for or received approval as courses. Applicants may receive individual approval for attendance at a course which would have been approved if the sponsor had applied for credit by submitting Form 1. (3) Nexus credit. Attending or teaching at a course where there is a substantial relationship to the lawyer's field of practice and the lawyer demonstrates that the topic, depth, and skill level will improve the lawyer's competence to practice law. A course which does not directly deal with the practice of law, such as a medical course, a child abuse program or some similar offering, may not qualify for approval of a course under Regulation 104(a). Individual attorneys who practice in those areas will have a direct benefit from attending such a course, however. Upon a showing of nexus between an individual's law practice and such a course. CLE credit may be given to that individual attorney even though the course itself does not qualify for credit. (4) Writing and Editing Activities. Credit for writing and editing activities may be granted on a case by case basis under the condition that prior approval is secured and the writing or editing in question meets the standards of Regulation 104(a), and that it is actually published for the education of the Bar by an entity recognized in the legal community as a publisher of legal works. Writing or editing for or on behalf of a client or prospective client, for marketing purposes, or in the course of the regular practice of law, is not eligible for credit. See Regulation 104(d)(3). Credit for writing or editing activities shall be granted sparingly, and only on a case by case basis. In appropriate circumstances, the CLE Board may waive the prior approval requirement and grant credit retroactively if the quality standards are met. The CLE Board may also waive the prior approval requirement where the publisher has demonstrated uniform adherence to the Standards of 104(a). Writers or editors, whose work has been approved, may claim up to a maximum of 10.00 CLE credit hours. The number of actual hours claimed should be based on the number of hours spent in preparing the material, but in no case may more than 10.00 credit hours be claimed. (c) Examples of courses or activities that may qualify for credit. (1) Attending or participating in programs that deal with the problems of running a law office may be approved. In particular, docket control, malpractice avoidance, and education on substance abuse by lawyers or assistants will qualify for approval. Programs that are designed to improve an attorney's communication skills with his or her clients and improve the attorney-client relationship will be approved. (2) Courses or self study programs on how to conduct electronic legal research may be approved subject to the other provisions of these regulations. (3) Alternate dispute resolution courses may be approved subject to the other provisions of these regulations. (4) CLE credit will be given for attending law school courses, including courses offered at the J.D. or advanced education levels based upon the actual hours of attendance. Applicants need not take exams to qualify for credit, but must otherwise comply with the applicable regulations of the law school or university involved. Credit for teaching law school courses by full-time teachers will not qualify for credit. However, for the first preparation leading to the teaching of a specific law school course by an adjunct (not a full-time) professor, credit will be given on the basis of ten hours of credit for each hour of preparation time, and one credit will be given for each hour of class presentation time to a maximum of 15 credit hours each year. (5) Credit will not be given for attending bar review/refresher courses offered in preparation for the Washington State Bar examination, but credit may be given for attending bar review/refresher course offered in jurisdictions other than Washington, on the basis of 1.00 credit for each classroom hour of instruction or audio/videotaped instruction. (6) Programs outside the United States may be given credit, subject to the following provisions. (i) Seminars concerning laws of jurisdictions outside the United States can qualify for CLE credit. It is not necessary to return to the United States or to Washington State in order to obtain CLE credits. (ii) In recognition of the potential unavailability, in certain geographical areas, or courses and programs meeting the criteria of Regulation 104, the CLE Board, or its Executive Secretary, may grant approval of courses, offered in such areas, which do not fully meet the standards of Regulation 104 and which, accordingly, would not be approved if offered within the United States. Decisions relative to the approval of such courses are within the discretion of the CLE Board, which shall, among other things, consider the availability of programs in the area involved and the good faith attempts of the member affected to comply with the requirements of APR 11. (iii) If the foreign location is very remote and removed from reasonable opportunities for attendance at live CLE programs, it is possible to fully comply with CLE requirements by viewing videotapes, listening to audiotapes or by attending informal CLE programs developed and presented by lawyers in the foreign jurisdiction, with approval of the CLE Board. Under any of these circumstances, CLE credits may be awarded on the basis of 1.00 credit per hour. Applications should be made in advance of the activity in question, in order to confirm that CLE credit is available, prior to the commitment of time and resources to the activity. (iv) CLE credit may be given for attending law school courses, including courses offered at the J.D. or advanced education levels based upon actual hours of attendance. Applicants need not take exams to qualify for credit, but must otherwise comply with the applicable regulations of the law school or university involved. (d) The following activities will not qualify for credit: (1) Teaching a legal subject to non-lawyers in an activity or course that would Not qualify those attending for CLE credit. (2) Programs that are primarily designed to teach attorneys how to improve market share, attract clients or increase profits will not be approved, nor will programs primarily designed to be a sales vehicle for a service or product. While a company which provides services or products to the legal community may wish to participate in or sponsor law office management seminars, those courses will be approved for credit only if there is no discussion or literature promoting that company, other than the biographical material about the speakers, or there is equal treatment in discussion and written materials of alternate vendors of the particular product or service, and the written material does not include prepared promotional literature. (3) Writing for or on behalf of a client, or for the regular practice of law. (4) As a reward for meritorious legal work, such as pro bono work, except as provided in Reg. 103(g). (5) Jury duty. (6)Programs to enhance a person's ability to present or prepare a continuing education program will not be approved. (e) Private law firm education. In addition to compliance with the requirements of Regulation 104(a) and the limitations described below, private law firm courses may be approved for credit under the provisions of APR 11 on the following bases: (1) Approval of such courses may be granted only on a case by case basis. Accredited sponsor status (as set forth in Regulation 106) will not be available for private law firm sponsors. The CLE Board may, however, consider the sponsoring organization's experience in presenting similar programs. (2) A complete course schedule with time allocations must be submitted in advance. High quality written materials are required and should be distributed to all attendees at or before the time the course is presented. A critique form or evaluation sheet and an attendance sheet which attendees will complete must be submitted to the CLE Board within 30 days after the program. (3) The course must be attended by five (5) or more lawyers admitted to any Bar Association, excluding the instructors. (4) Private law firm courses shall be open to non- members of the sponsoring firm provided that there is space available. (5) Marketing of the private law firm in any manner is not permitted including but not limited to the display of brochures, pamphlets or other firm advertising. Approval for credit may be denied or withdrawn if the program material is presented in such a way that it is necessary for a particular firm to be retained or associated in order to adequately handle the type of matter being discussed. Persons or organizations may not state or imply that the CLE Board approves or endorses any person or organization. (f) Governmental Agencies. In addition to compliance with the requirements of Regulation 104(a) and the limitations described below, the courses of federal, state, local, and military agencies or organizations may be approved for credit under the provisions of APR 11 on the following bases: (1) Approval of such courses may be granted only on a case by case basis. Accredited sponsor status (as set forth in Regulation 106) will not be available for governmental agencies. The Board may, however, consider the sponsoring organization's experience in presenting similar programs. (2) A complete course schedule with time allocations must be submitted in advance. High quality written materials are required and should be distributed to all attendees at or before the time the course is presented. A critique form or evaluation sheet and an attendance sheet which attendees will complete must be submitted to the CLE Board within 30 days after the program. (3) The course must be attended by five (5) or more lawyers admitted to any Bar Association, excluding the instructors. (4) Governmental agency courses may be open or closed to nonmembers of the governmental agency or organization, provided that notice of them will be published on the WSBA web page, and that any written materials are available to any inquirer. [Regulation 104 adopted effective July 26, 1995; amended effective May 2, 2000; July 11, 2000; March 30, 2004.] Regulation 105. Procedure for Approval of Continuing Legal Education Activities (a) An active member or sponsoring organization desiring approval of a continuing legal education activity shall submit to the CLE Board all information called for by Form No. 1. (b) Approval shall be granted or denied in accordance with the provisions of Regulation 108 herein. (c) As to a course that has been approved within the last twelve months, the sponsoring organization may announce, in informational brochures and/or registration materials: "This course has been approved for ______ hours of Washington MCLE credit, including _____ hours of ethics/professionalism credit." (d) The CLE Board may establish and assess sponsoring organizations or individuals a fee for the purpose of defraying the costs of processing applications for accreditation of courses submitted for CLE credit, such fee to be established from time to time by the CLE Board and approved by the Board of Governors. [Regulation 105 amended effective May 2, 2000.] Regulation 106. Accreditation of Sponsoring Organizations (a) The CLE Board may extend approval to a sponsoring organization for all of the continuing legal education activities sponsored by such organization which conform to Regulation 104. A sponsoring agency to which such general approval has been extended shall be known as an "accredited sponsor". (b) A sponsoring organization desiring to apply for status as an accredited sponsor shall submit to the CLE Board all information called for in the form required by the Board. Accreditation shall be granted or denied in accordance with the provisions of Regulation 108. A primary consideration in the evaluation of such a request for status as an accredited sponsor shall be the previous experience of the organization in sponsoring and presenting continuing legal education activities. A reasonable fee may be assessed by the CLE Board, with approval of the Board of Governors, with regard to the application. A private law firm shall not qualify for accredited sponsor status. (c) Once a sponsoring organization has been granted the status of an accredited sponsor, it is not required to seek approval for individual educational activities sponsored while an accredited sponsor. It shall be responsible for calculating the number of credit hours to be awarded and reporting those determinations to the CLE Board in such manner as the CLE Board determines. Accredited sponsors are entitled to include in any materials which promote such activity, language that indicates the activity has been approved for Washington State MCLE credit in the amount of ____ hours ( of which ____ hours will apply to ethics credit requirements). (d) A sponsoring organization which has been granted the status of an accredited sponsor shall, except as otherwise provided in this Regulation 106, continue to be subject to and governed by all provisions of APR 11 and these Regulations. (e) A sponsoring organization which has been granted the status of accredited sponsor shall provide the CLE Board at least yearly with a list of all its course offerings, identifying the number attorneys and non-attorneys attending each program, and such additional information as the CLE Board may require. The sponsoring organization shall also solicit critiques or evaluations from participants at each program, retain copies, and provide them to the CLE Board upon request. The CLE Board may, upon review of such information, advise the organization that its manner of compliance is improper, and may terminate the organization's status as an accredited sponsor for future offerings. [Regulation 106 amended effective May 2, 2000.] Regulation 107. Delegation (a) To facilitate the orderly and prompt administration of APR 11 and these Regulations, and to expedite the processes of, inter alia, course approval, sponsor accreditation and the interpretation of these Regulations, the Executive Secretary may act on behalf of the CLE Board, pursuant to delegated authority from the Board, under APR 11 and these Regulations. Any adverse determinations and all questions of interpretation of these Regulations or APR 11 by the Executive Secretary shall be subject to review by the CLE Board upon written application by the person adversely affected. (b) The CLE Board may organize itself into committees for the purpose of considering and deciding matters arising under APR 11 and these Regulations. [Regulation 107 amended effective May 2, 2000.] Regulation 108. Executive Secretary's Determinations and Review (a) Pursuant to guidelines established by the CLE Board, the Executive Secretary shall, in response to written requests for approval of courses or accreditation of sponsors, awarding of credit for attending, teaching or participating in approved courses, writing and editing, waivers, extensions of time deadlines and interpretations of these Regulations, make a written response describing the action taken. The Executive Secretary may seek a determination of the Board before making such response. At each meeting of the CLE Board the Executive Secretary shall report on all determinations made since the last meeting of the CLE Board. (b) The CLE Board shall review any appeals of adverse determinations made by the Executive Secretary or his or her delegate. The active member or the sponsoring organization affected may present information to the CLE Board in writing or in person or both. If the CLE Board finds that the Executive Secretary has incorrectly interpreted the facts, the provisions of APR 11, or the provisions of these Regulations, it may take such action as may be appropriate. The CLE Board shall advise the active member or sponsoring organization affected of its findings and any action taken. [Regulation 108 amended effective May 2, 2000.] Regulation 109. Submission of Information _ Credit for Teaching or Participating An active member who seeks credit for teaching or participating in an approved continuing legal education activity shall report additional credits pursuant to Regulation 103(d) in the member's CLE certification every three years. [Regulation 109 amended effective May 2, 2000.] Regulation 110. Exemptions, Waivers, Modifications (a) As a general proposition, all active members of the Bar Association are required to comply with the provisions of APR 11. The alternative to compliance is transfer to inactive status. The CLE Board may grant extensions, waivers or modifications of the time deadlines or education requirements specified in APR 11 and these Regulations Applications for extensions, waivers or modifications shall be made in writing and supported by a sworn statement in the form of an affidavit or declaration. (b) Undue Hardship, Age, or Disability. Exemptions from the continuing legal education requirement, or waiver, or modification of such requirement, based upon undue hardship, age or disability should be granted only sparingly. Consequently, before the CLE Board will consider granting an application for exemption, waiver or modification based upon these grounds, the applicant must establish to the satisfaction of the CLE Board that (1) such condition of undue hardship, age, or disability warrants granting an exemption, waiver, or modification; and (2) the applicant has not been in and will not be engaged in the unsupervised practice of law during the relevant period. An application for exemption, waiver, or modification, including the sworn statement in support thereof, shall be filed for each reporting period and shall be retained in the files of the CLE Board. Individuals granted an exemption, waiver, or modification from the continuing legal education requirements on the above-stated basis may continue to hold the status of active member of the Bar Association. The granting of such an exemption does not, in any way, affect or diminish active member's duties and obligations as established by the bylaws, rules and regulations of the Bar Association or the Supreme Court. Exemptions, waivers, or modification from the continuing legal education requirements may be revoked by the CLE Board upon change in the facts or circumstances upon which such exemption, waiver, or modification was granted. (c) Judicial Status. Full-time judges, magistrates, court commissioners, administrative law judges, and members of the judiciary, who are prohibited from practicing law, are exempt from the continuing legal education requirement established by APR 11. Part-time or pro-tem judges who are active members of the Bar Association, are fully subject to the requirements of APR 11. Judges who have been exempt, upon return to active membership status, are fully subject to the continuing legal education requirements during the year in which they return to practice. (d) Legislative Status. Members of the Washington State Congressional Delegation and Members of the Washington State Legislature, otherwise subject to the continuing legal education requirements of APR 11 as active members of the Bar Association, are specifically exempted, during terms of office and while otherwise members in good standing of the Bar Association, from the requirements of APR 11. This exemption applies only to the members of the Washington State Congressional Delegation, and to members of the Washington State Legislature, under the terms and conditions stated above. The exemption does not extend to active members of the Bar Association: (1) serving in the legislature of any other state; (2) serving in the administrative branch of any state government; or (3) serving on the staff of any member of the Washington State Congressional Delegation or the Washington State Legislature. (e) Active members living outside the United States. Active members of the Bar Association who live or are employed outside the United States are required to comply with the continuing legal education requirements as provided for in Reg. 104(c)(6), or to transfer to inactive status until such time as compliance can be attained. (f) Active Military Duty. Members employed by the military may be granted an exemption, waiver, or modification upon proof of undue hardship. [Regulation 110 amended effective August 3, 2004] Regulation 111. Noncompliance: Board Procedures An active member who has not complied with the educational or reporting requirements of APR 11 and these Regulations by May 1 of each calendar year, may be ordered suspended from the practice of law by the Supreme Court pending compliance with APR 11. To effect such removal, the CLE Board shall send to the non-complying active member, by certified mail directed to the member's last known address as maintained on the records of the Washington State Bar Association, a written notice of non-compliance advising such active member of the pendency of suspension proceedings unless within ten (10) days of receipt of such notice such active member completes and returns to the CLE Board an accompanying form of petition, which may itself be accompanied by supportive affidavit(s), in support of a request for extension of time for, or waiver of, compliance with the requirements of APR 11 and these Regulations or for a ruling by the CLE Board of substantial compliance with said requirements. (a) If such petition is not so filed, such lack of action shall be deemed acquiescence by the active member in the finding of non-compliance. The CLE Board shall, pursuant to APR 11.6(c)(1), report such fact to the Supreme Court with the CLE Board's recommendations for appropriate action. The Supreme Court shall enter such order as it deems appropriate. (b) If such petition be so filed, the CLE Board may, in its discretion, approve the same without hearing, or may enter into an agreement on terms with such active member as to time and other requirements for achieving compliance with APR 11 and these Regulations. (c) If the CLE Board does not so approve such petition or enter into such agreement, the CLE Board shall hold a hearing upon the petition and shall give the active member at least ten (10) days notice of the time and place thereof. Such hearing shall be conducted in accordance with APR 11.6(c)(3). At the discretion of the chairperson, the hearing may be held before the entire Board or before a committee thereof. A full stenographic or tape record of the hearing may be taken at the request and expense of the active member affected. Testimony taken at the hearing shall be under oath and the oath shall be administered by the chairperson. The CLE Board or committee thereof may admit any relevant evidence, including hearsay evidence. As to each such petition and hearing, the CLE Board or committee thereof shall enter written findings of fact and an appropriate order, a copy of which shall be transmitted by certified mail to the active member affected at the address of such member on file with the Washington State Bar Association. Any such order shall be final and, in case of an adverse determination, shall be transmitted to the Supreme Court unless within ten (10) days from the date thereof the active member shall file a written appeal of the CLE Board's decision to the Supreme Court. [Regulation 111 amended effective May 2, 2000.] Regulation 112. Appeal (a) Appeal to Supreme Court. An adverse decision of the CLE Board may be appealed, by the active member affected, to the Supreme Court in accordance with the applicable provisions of APR 11.6. As to such appeals, the CLE Board shall be represented by its chairperson, such other member of the CLE Board as shall be designated by the chairperson, or by the Executive Secretary, or other counsel designated by the chairperson. [Regulation 112 amended effective May 2, 2000.] Regulation 113. Reinstatement of Members Who Voluntarily Transferred to Inactive Status (a) A person who transferred to inactive status while in full compliance with APR 11 and who desires reinstatement to active status must comply with the applicable bylaws and procedures of the Washington State Bar Association pertaining to such change of membership status, including the filing of an application with the Board of Governors of the Bar Association in such form as is prescribed by the Board of Governors. The Board of Governors shall determine whether such application shall be granted and compliance with APR 11 and these Regulations is only one factor pertaining to such determination. Upon reinstatement to active status, if the person missed a reporting period during the time he or she was on inactive status, the person must report 15.00 credit hours per year since the person last reported credits. (b) An active member who voluntarily transfers to inactive status when he or she has not complied with APR 11 and its Regulations, must make up any deficiency remaining at the time of the transfer to inactive status, complete an additional 15.00 credit hours for each year following the transfer to inactive status, and fully comply with the provisions of APR 11 and these Regulations before he or she can be reinstated as an active member. (1) Upon compliance with the immediately preceding provision of this Regulation, the CLE Board shall notify the Board of Governors of the Bar Association that the inactive member has satisfied the minimum continuing legal education requirements of APR 11 and these Regulations. A copy of that notification shall be sent to the inactive member. (2) Once notification of compliance has been received, the inactive member may seek reinstatement pursuant to Regulation 114(a). (c) A person who has been transferred from inactive to active status by the Board of Governors shall, immediately upon transfer, be subject to the provisions of APR 11 and these Regulations as any other active member of the Bar Association. (d) The reinstated member retains the original reporting period to which he or she was initially admitted to the Bar Association. (e) An inactive member who is reinstated to active status in the second or third year of the member's assigned group reporting period will be required to report 15.00 credits per year of active status within the reporting period, i.e. second year reinstatement - 30.00 credits; third year reinstatement - 15.00 credits. These credits must be reported at the end of the reporting period. [Regulation 113 amended effective May 2, 2000.] Regulation 114. Reinstatement of Members Suspended from Practice for Failure to Comply with APR 11 (a) An active member who, pursuant to APR 11.6(c) - (g), Regulation 112 or 113, is suspended from practice for failure to comply with APR 11 and its Regulations, must make up the deficiency and fully comply with the provisions APR 11 and these Regulations before he or she can be reinstated as an active member. (b) Once a suspended member has complied with the immediately preceding provisions of this Regulation, the Board shall notify the Supreme Court that the suspended member has satisfied the requirements of APR 11 and these Regulations. A copy of that notification shall be sent to the suspended member. (c) Once the Supreme Court has reinstated the suspended member, the reinstated member shall be subject to all provisions of APR 11 and its regulations and retains the original reporting period to which he or she was initially admitted to the Bar. (d) A suspended member who is reinstated to active status in the second or third year of the member's assigned group reporting period will be required to report 15.00 credits per year of active status within the reporting period, i.e. second year reinstatement - 30.00 credits; third year reinstatement - 15.00 credits. These credits must be reported at the end of the reporting period. [Regulation 114 amended effective May 2, 2000.] Regulation 115. Rulemaking Authority The CLE Board, subject to the approval of the Board of Governors and the Supreme Court, has continuing authority to make Regulations consistent with APR 11 in furtherance of the development of continuing legal education for Washington attorneys and the regulation thereof. The CLE Board may adopt policies, consistent with these regulations, to provide guidance in the administration of these regulations and APR 11. The CLE Board will notify the Board of Governors of any policies which it adopts. The Board of Governors will review any such policies at their next regularly scheduled meeting. Unless the Board of Governors objects, such policy will become effective 60 days after promulgation by the CLE. [Regulation 115 amended effective May 2, 2000.] Regulation 116. Confidentiality The files and records of the CLE Board, as they may relate to or arise out of any failure of a member of the Washington State Bar Association to satisfy the continuing legal education requirements of APR 11 and these Regulations, shall be deemed confidential and shall not be disclosed except in furtherance of the CLE Board's duties, or upon the request of the member affected, or pursuant to a proper subpoena duces tecum, or as directed by the Supreme Court. [Regulation 116 amended effective May 2, 2000.] Regulation 117. Out-of-state Compliance (a) An active member whose principal office for the practice of law is not in the State of Washington may comply with these rules by filing a compliance report as required by APR 11.6(b) in which the member certifies that the member is subject to the CLE Requirements of that jurisdiction and that the member has complied with the CLE Requirements of that jurisdiction during the member's reporting period, provided that the CLE Board has determined that the requirements established by these rule are substantially met by the requirements of the other jurisdiction. (b) The CLE Board has determined that the Continuing Legal Education requirements in Washington are substantially met by the Continuing Legal Education requirements of the following other jurisdictions: Oregon, Idaho, and Utah. [Regulation 117 amended effective May 2, 2000.]
Click here to view in a PDF.
|Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library|
|Back to Top | Privacy and Disclaimer Notices|