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CONTINUING LEGAL EDUCATION
Frequently Asked Questions—CLE Countdown 2007
 

Courses that have been approved for credit can be found at the CLE Course Search.

Don't be concerned that transcripts are being mailed later this year. Preliminary notices will be mailed to non-compliant attorneys in November. All other forms will be mailed by January 11, 2008.

As you may know, you can check your transcript online at your Member Control Panel using your ASB number and email address (if your email address has been provided by you to the Alabama State Bar).

General Rule:
Each attorney admitted to practice in Alabama whose qualification to practice law is subject to Code of Alabama (1975), Section 40-12-49, shall attend, or complete an approved substitute for attendance, a minimum of 12 actual hours of approved continuing legal education, 1 hour of which shall be ethics or professionalism, each calendar year, beginning January 1, 2004.

New admittees professionalism requirement:
Within twelve (12) months of being admitted to the Bar, or within twelve (12) months of being licensed to practice law in Alabama, whichever shall last occur, each lawyer shall complete a six (6) hour course in professionalism; provided, however, that lawyers who are exempt from these Rules pursuant to Rule 2. C.1. shall also be exempt from the provisions of this Rule 9.A. while they are so exempt. Once a lawyer’s exemption under Rule 2.C. 1. ends, the lawyer must complete the course in professionalism during the calendar year following the year in which the exempt status ends.

As you may know, you can check your transcript online at your Member Control Panel using your ASB number and email address (if your email address has been provided by you to the Alabama State Bar).

Do not be concerned if someone you know receives a notice before you. This year, preliminary notices will be mailed to non-compliant attorneys in November. All other forms will be mailed by January 11, 2008.

As you may know, you can check your transcript online at your Member Control Panel using your ASB number and email address (if your email address has been provided by you to the Alabama State Bar).

Exempt individuals may not have to return a CLE annual report.

In fact, an individual who receives a transcript indicating that he/she is exempt from the CLE requirements in Alabama will not be required to send back a written report, unless:

  • that individual is not truly exempt , or
  • any contact information (name, address, etc…) on the form is incorrect, or
  • his/her transcript does not accurately reflect the CLE hours taken.

If either of these applies, you must edit your form as necessary and return it prior to January 31, 2008 to:

MCLE Commission
Alabama State Bar
P.O. Box 671
Montgomery, AL 36101-0671

Forms postmarked by January 31 will be accepted. Please remember to keep a photocopy of the form for your records. Reports received by fax will not be accepted. Review the basic guidelines for completing your form.

Signature Please be sure the compliance report is signed in the space provided before returning it to our office.

Some individuals may not have to return a CLE annual report. In fact, an individual who receives a form indicating that he/she is in compliance with the CLE requirements in Alabama will not be required to send back a written report, unless:

  • any contact information (name, address, etc…) on the form is incorrect, or
  • his/her transcript does not accurately reflect the CLE hours taken.

If either of these applies, you must edit your form as necessary and return it prior to January 31, 2008 to:

MCLE Commission
Alabama State Bar
P.O. Box 671
Montgomery, AL 36101-0671

Forms postmarked by January 31 will be accepted. Please remember to keep a photocopy of the form for your records. Reports received by fax will not be accepted. Review the basic guidelines for completing your form.

Signature Please be sure the compliance report is signed in the space provided before returning it to our office.

Under MCLE Regulation 3.6, carryover credit may only be applied to the succeeding calendar year. That means, essentially, you cannot carry-over more than a maximum of twelve (12) total CLE hours, which includes (1) ethics hour.

Your form has been modified to reflect that regulation. There should not be any carryover of on-line credit since 6 hours is the maximum you can earn annually.

However, if you notice a numerical error or error in the calculation, please contact the CLE department at 334-269-1515.

If you received notice that you are exempt from the CLE requirements in Alabama for 2007, read this section. >>>

If you received notice that you are compliant, read this section. >>>

If you receive notice that you are not compliant, read this section. >>>

An individual who receives a form indicating that he/she still need additional CLE courses will be required to edit his/her form as necessary and return it to:

Alabama State Bar
P.O. Box 671
Montgomery, AL 36101-0671

Forms postmarked by January 31 will be accepted. Please remember to keep a photocopy of the form for your records. Reports received by fax will not be accepted. Review the basic guidelines for completing your form.

Signature Please be sure the compliance report is signed in the space provided before returning it to our office.

Contact Information
Printed on your form you will find your bar number, full name, membership status, firm or organization, mailing address, office telephone number, fax number, e-mail address, birth date and admission date.

Please make necessary corrections, but remember we are required to maintain and use your office address unless you do not have one or you are prohibited from receiving state bar mail at your office. We prefer to use full names to avoid possible confusion with a similar name.

CLE Activity
Also printed on the form is the MCLE Commission's record of your CLE activity for 2007. It is not necessarily complete or accurate but will serve as a starting point for reporting 2007 compliance. CLE transcripts are constantly being updated as sponsors report attendance rosters. You may view your updated transcript online at your Member Control Panel using your ASB number and email address (if registered with the Alabama State Bar).

Additions
If you attended or taught approved courses not listed, you may add them. Because legibility is crucial, please make sure the additions are typed or printed clearly. Only courses attended in 2007 may be added. Courses that you registered for in 2007, but have not yet attended may not be added to the report until they are actually attended.

Online Transcript
CLE transcripts are constantly being updated as sponsors report attendance rosters. You may view your updated transcript online at your Member Control Panel using your ASB number and email address (if registered with the Alabama State Bar). If you view your online transcript and find that it is correct (based on new information provided to the bar after the form was mailed to you) you may print it, attach it to the form mailed to you—sign and return by January 31.

Deletions
If you did not attend or teach courses listed, you must delete them. (Draw or type a line through it.)

Corrections
You may have been given full credit for an event for which you registered, so that a sign-in, sign-out procedure would not be necessary. The honor system in place since 1981 continues; deduct 1.0 credit per 60 minutes of instruction as necessary.

Teaching Credit
Teaching credit is earned by teaching lawyers or law students in approved CLE activities. If you provided a substantial handout, you may claim 6.0 credits per 60 minutes of instruction; if the required handout was not provided, you may not claim extra credit. If you taught a law school course, you may claim 6.0 credits per law school credit earned by students taking the course, e.g., 12.0 CLE credits for 2.0 academic credits. Repeat presentations qualify for one half the credits earned for an initial presentation. Repeated or second section law school courses qualify for one half the credits earned for the initial course offering. Panel discussion time must be divided equally among the panelists for purposes of calculating credit, unless the MCLE Commission is informed otherwise.

Amendments to Final Reports
Amendments to final reports may be accepted through March 1, 2008 by submitting a photocopy of the form, adding courses omitted and marking it "amended" in the upper right-hand corner.

Signature
Please be sure the compliance report is signed in the space provided before returning it to our office.

Teaching Credit is earned by teaching lawyers or law students in approved CLE activities. If you provided a substantial handout, you may claim 6.0 credits per 60 minutes of instruction; if the required handout was not provided, you may not claim extra credit. If you taught a law school course, you may claim 6.0 credits per law school credit earned by students taking the course, e.g., 12.0 CLE credits for 2.0 academic credits. Repeat presentations qualify for one half the credits earned for an initial presentation. Repeated or second section law school courses qualify for one half the credits earned for the initial course offering. Panel discussion time must be divided equally among the panelists for purposes of calculating credit, unless the MCLE Commission is informed otherwise.

All courses must be completed by December 31, 2007 for this year's reporting. Under MCLE Rule 6.A "An attorney who fails to earn (12) approved CLE credits by December 31 of a particular year will be deemed not in compliance for that year."

Therefore, as of January 1, 2008, you will officially be in state of non-compliance if all hours have not been earned. Your record on our files will reflect the same.

However, if you know you are not able to take courses to satisfy the requirement in 2007, you may file a plan for making up the deficiency. According to MCLE Rule 6.A, "A plan for making up the deficiency by March 1 will be accepted if approved courses are listed and if the plan is received by January 31."

In order to earn credits between January 1 and March 1, 2008 and remove yourself from non-compliance you must:

  1. Select courses to attend that are already approved in the ASB CLE Course Search.


  2. Submit a deficiency plan.

    Submit a written deficiency plan request to the MCLE Commission postmarked by January 31, 2008 stating the dates, titles and sponsors of those approved courses that are to be attended. Important note: Any submissions of plans received after 1/31 must be accompanied by a check for $100 made payable to the Alabama State Bar, as a late filing fee. This is in addition to the $100.00 late compliance fee (see paragraph 4).

    Below is the address for the MCLE Commission:

    MCLE Commission
    Alabama State Bar
    P.O. Box 671
    Montgomery, Alabama 36101-0671

1. Complete the request for an extension past March 1. No extensions will be granted beyond April 1.

A request for an extension of the March 1 deadline for earning credits under a deficiency plan may be considered if: (1) the request is in writing and a good cause is shown, as determined by the Commission, and (2) the request is accompanied by a fee of $100. This fee is in addition to the $100 late compliance fee and any late filing fee that may be due. No extensions will be granted beyond April.

Report compliance to the MCLE Commission no later than March 15, 2007, accompanied by a check for $100 made payable to the Alabama State Bar, as a late compliance fee.

Late Filing/Late Compliance
Any attorney who is required to file this year and has earned his minimum CLE credits by December 31, but whose report is not postmarked by January 31, 2008 must include a check for $100.00 made payable to the Alabama State Bar. Attorneys will not be in compliance with 2007 CLE requirements until the late filing fee is paid.

Any attorney who did not earn the required credits by December 31, must follow the instructions for requestion a deficiency plan and pay all appropriate fees.

If you were exempt in 200and your reporting form does not reflect a claimed exemption, you must claim it on yourofficial reporting form.

If you feel you are exempt, but have not been notified, please find which exemption applies and claim it on your form.

If your form indicates you are exempt, but none of the exemptions below apply, please notify the bar immediately.

2007 Alabama State Bar Admittees
2007 Alabama State Bar Admittees are exempt from earning credits or filing reports; however, if credits have been earned to carry over to 2007, they must be reported no later than January 31, 2008. Courses earned prior to admission to the Alabama State Bar may not be claimed. New admittees must comply with Rule 9, Professionalism. See MCLE Rule 9, Professionalism.

Practitioners who are 65 years or older
If you became 65 during 2007 and did a "preliminary transcript" indicating that you were exempt from the CLE requirements, please claim exemption "B" on your form.

Rule 2.C.1.
Exemptions are available for full-time judges, members of the U.S. and Alabama House and Senate, active duty military and attorneys prohibited from private practice by Constitution, law or regulation. (exemption "C"). Assistant attorneys general, district attorneys and assistant or deputy district attorneys and public defenders are not exempt.

Active Duty Military
If you served on active duty military for any part of 2007, you are exempt from the 2007 CLE requirement and any credits earned during 2007 may be carried forward to 2008 if they are reported on the 2007 CLE reporting form.

Law Clerks/Staff Attorneys
If you served as a judicial law clerk or staff attorney for any part of 2007, you are exempt from the 2007 CLE requirement, and any credits earned during 2007 may be carried forward to 2008 if they are reported on the 2007 reporting form. (exemption "C"—"Prohibited from Private Practice"). Be sure to state who you clerked for and the dates you clerked during 2007. This information should be provided on the "position" line.

Special Members
Special Members are those who did not practice law in Alabama after January 1, 2007 and paid special membership dues to the Alabama State Bar. If your "status" is Special Member you are automatically exempt and do not have to claim an exemption. Special note: Attorneys Who Held a Regular, Private Practice License during any part of 2007 are required to report 2007 compliance, even if they have changed to special, inactive status or recently changed from special to active status.

Social Security Benefits
Attorneys who are receiving Social Security benefits and have reached the age of 62 before or during 2007 fall under exemption "E".

Under MCLE Regulation 2.7 "An attorney who resides and maintains a principal office for the practice of law in another state that requires Mandatory Continuing Legal Education (MCLE) and who can demonstrate compliance with the Mandatory CLE requirements of his or her principal state of practice is exempt from the rules…"

Few individuals will fit within this exemption, so it does not appear on the "preliminary transcript." However, if you are claiming Regulation 2.7, you will need to do the following prior to January 31, 2008:

  1. Complete this affidavit (PDF) indicating that:
    • Your primary law practice is in a mandatory state, and
    • You have met the CLE requirements of that state for 2007

  2. Attach to the affidavit a copy of your current CLE transcript from the state wherein you practice.

Download the Affidavit (PDF)

All contact information changes should be mailed to ms@alabar.org.

December 31, 2007.  Internet courses purchased or began on that date must be completed by midnight.

If after all the instructions herein carefully, you still need assistance, you may address written and telephone inquiries to:

MCLE Commission
Alabama State Bar
P.O. Box 671
Montgomery, AL 36101
(334) 269-1515
(800) 354-6154

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