I am in category 3, but I was just admitted to practice in Minnesota in October 2010. Am I due to report in 2011? What is my first reporting period?
A:
Although you are a category 3 attorney, you are not due to report in 2011 if you were first admitted to the Minnesota Bar on or after July 1, 2010. Your first reporting period runs from the date of your admission through June 30, 2014. Your first reporting period is slightly longer than three years.
2
Q:
What is a CLE category?
A:
The MN Supreme Court’s Lawyer Registration Office designates each new attorney as Category 1, 2, or 3 for CLE purposes.The CLE category is associated with a 3-year term which determines when the attorney files his/her affidavit of CLE compliance. Category 1 attorneys file CLE in 2012, Category 2 in 2010, and Category 3 in 2011.For more information on CLE reporting categories, click here .
3
Q:
How do I find out my reporting category?
A:
Your reporting category can be found on your Attorney License card that the Lawyer Registration Office sends to you each year. You can also find you CLE category by logging on to OASIS Attorney Record .
4
Q:
What are the specific reporting requirements?
A:
Attorneys must complete a total of 45 credit hours including at least 3 Ethics CLE hours and 2 Elimination of Bias CLE hours within the 36-month reporting period.
5
Q:
Can I carry credits over into the next reporting period?
A:
No.Any hours earned in excess of the required 45 prior to the June 30th deadline cannot be “saved” for the next period.
6
Q:
I was recently admitted and attended courses prior to July 1st.Can I use those credits for my initial reporting period?
A:
Yes, courses taken after admission but prior to July 1 can be used for the first reporting period. Carry-over of credits is not permitted in subsequent reporting periods.
7
Q:
What is the Elimination of Bias Requirement?What about the Ethics?Why are these required?
A:
The Rules of the Minnesota Board for Continuing Legal Education define Elimination of Bias CLE as “a course directly related to the practice of law that is designed to educate attorneys to identify and eliminate from the legal profession and from the practice of law, biases against persons because of race, gender, economic status, creed, color, religion, national origin, disability, age or sexual orientation.”In order to be approved, courses in the Elimination of Bias must meet one or more of the following learning goals:
1. To educate lawyers about the elimination of bias or predjudice in the legal profession, in the practice of law, and/or in the administration of justice:
2: To educate lawyers regarding barriers to hiring, retention, promotion, professional development and full participation of lawyers of color, women, and those persons referenced in the "course in the elimination of bias in the legal profession and in the practice of Law" defnition (Rule 2G) of the CLE Rules, both in the public and private sector of the legal profession and in the practice of law; or
3.To educate lawyers about the problems identified in the Supreme Court's Race Bias and Gender Fairness Task Force Reports, as well as in other studies, reports or treatises which describe bias and prejudice in the legal profession, in the practice of law, and/or in the administration of justice.
The rules define Ethics CLE as “a course or session within a course that deals with the Minnesota Rules of Professional Conduct, the ABA Model Rules of Professional Conduct, the rules of professional conduct or professional responsibility of other jurisdictions, or the opinions and case law arising from the application of any of the above-specified rules, including a course or session within a course that addresses in a specific way concepts such as professionalism, civility and ethical conduct in the practice of law and in the legal profession.”
These requirements are intended to assure the public that attorneys are receiving adequate classroom education covering topics that are of general importance to the bar in addition to the substantive law education which attorneys receive within their field of practice.
8
Q:
When do I file my affidavit?
A:
Affidavits may be filed at anytime throughout the reporting cycle.You must file your affidavit no later than August 31st of your reporting year.Instead of filing an affidavit, you can also report you CLE course attendance by logging on to your Attorney Record.
9
Q:
If I am not finished with CLE requirements at the end of the cycle, can I apply for a filing deadline extension?
A:
Yes.You may seek an extension of the reporting period need by putting your request in writing and submitting it to the CLE Board office at 180 East 5th Street, Suite 950, St. Paul, MN 55101.Or you may log on to your Attorney Record to request the extension electronically.
10
Q:
What is restricted status and how do I apply for it?
A:
Restricted status is defined in Rule 2U and 12A of the Rules of the CLE board. Attorneys who are not practicing law may select restricted status and avoid having to continue to file their CLE reports. To request restricted status electronically, log on to your Attorney Record . Or you may put your request in writing and send it to the Board office at 180 East 5th Street, Suite 950, St. Paul, MN 55101.
11
Q:
What do I do if I want to be returned to active status?
A:
Rule 12C of the Rules of the CLE Board explain the requirements for returning to active status from restricted status. Essentially, you must make up the hours you missed, to a maximum of 90 hours.You may request and receive temporary reinstatement when you have completed at least 45 hours of work and are prepared to catch up with the additional hours over a period of time agreed to by the Board’s Director. There is a fee of $125 to transfer from voluntary restricted to active status and $250.00 to transfer from involuntary restricted status to active status.
12
Q:
Is the credit hour in Minnesota a 50-minute or a 60-minute hour?
A:
Attorneys must be present in the classroom for 60 minutes in order to receive one hour of CLE credit. Some states (including Wisconsin) calculate the CLE hour as a university hour, which is 50 minutes in length. Programs approved in states that recognize the 50-minute hour may be approved for fewer hours in Minnesota.
Reporting CLE Course Attendance
1
Q:
If I report my Attendance Credits online through OASIS, do I need to do anything further?
A:
No, the online system replaces your paper form of the affidavit of attendance. There is nothing further you will need to do for this reporting period.
2
Q:
How can I obtain an affidavit to report my CLE credits?
A:
You can download a form by clicking here or you may call 651-297-7100 to request a form.Affidavits are also available in the Rules of Court Volume of Minnesota Statutes. Effective July 1, 2010 a $10.00 fee is required for paper filing. You can file CLE compliance electronically by logging on to your Attorney Record.
3
Q:
Can I attach a separate sheet or make my own form?
A:
Yes, if you are filing your compliance in hard copy. You must make certain to include all of the information required on the standard form, including your signature.
4
Q:
If I have more than three Ethics hours and two Elimination of Bias hours, does it go in the standard column?
A:
Ethics and bias hours should be listed in the Ethics and Bias categories. Excess hours will automatically be credited to your total CLE requirement.
No, attorneys are responsible for reporting their own attendance.
6
Q:
Will I be notified if everything on my affidavit is all right?
A:
No.If there are discrepancies you will also be notified in writing.
7
Q:
If I report my Attendance Credits online, do I have to report all the courses I attended all at once for the entire 3-year compliance period?
A:
No, in fact we would prefer that you didn’t report all your courses at one time.We implemented the use of online CLE course attendance reporting so that it would be easier for attorneys to keep track of the courses they attended.We recommend that you add a course to your record soon after attending the CLE course.If you want to report your courses attended all at once, however, that is okay too.
8
Q:
Do I need to file a hard copy affidavit if I reported my course attendance online?
A:
No, do not send an affidavit to report courses that you submitted online. The information shown in your online attorney record reflects exactly the same information that is in our compliance tracking system. If the course shows up in your online record, it is already accounted for by the CLE office.
9
Q:
What does it mean if the course title includes “Max. # of credits (all types) = 13”?
A:
Occasionally a sponsor will have a course with multiple concurrent breakout sessions that are approved for various credit types.Although the total number of hours for the entire course is limited to the maximum number of credits stated in the title, those credits may be allocated all to standard CLE credit, or to a combination of standard and specialty credit types. Specialty CLE credit types include elimination of bias, ethics, professional development and law office management.For example, when you enter the event code, the default number of credits may appear as 13 standard, 4 elimination of bias, and 2 ethics, while the course title states “Max. # of credit (all types) = 13.When entering your attendance for this course, you will need to change the course hours by entering the number of course hours that you attended for each of the credit types.If you have any questions as to which segments received what type of credit, you should refer to the agenda for the course or contact the program sponsor.
10
Q:
What does it mean when a course displays zero credits under the “Search for approved courses”?
A:
Courses will display zero credits if they are pending or denied. If the course is pending, the entry will be red and the title of the course will include the language "course pending." The course approval process generally takes 3-6 weeks. If you have taken the course and attended the entire program (and the course did not include break-out session with different credit types), you may add the course to your attorney record through OASIS and the credits will automatically update when the course is approved. In some cases, a course sponsor or participant will apply for credit for a course that does not qualify under the Board's Rules. If a course is denied, the course sponsor or participant will receive a notice of denial from this office which will include the reasons that the course was denied credit. If the course is denied, the course will apprear in the search screen as having zero credits, but will not include the "course pending" lanquage. You may wish to contact the sponsor if you have any questions.
CLE Course Accreditation
1
Q:
How do I get a course approved?
A:
Course accreditation applications are available on our website. To download an application, click here. Please provide the information called for by the form and submit it to our office accompanied by the $35.00 fee. No fee is required for courses 60 minutes in length or less. We particularly need to see detailed schedules showing the start and stop times spent in each session, the subject matter addressed during each session, and faculty. We will review the programs for CLE purposes and send you a written confirmation.
2
Q:
How long does it take to get a course approved in Minnesota?
A:
If the information submitted is complete and correct and accompanied by a check for $35 the course is usually reviewed within 3-6 weeks. Additional time is needed if information is incomplete or if the application is not accompanied by the required payment.
3
Q:
How many credits do I get for attending this course?
A:
Hours are calculated on a 60-minute per classroom hour basis. Introductory remarks and breaks are excluded. Questions and answer periods are generally approved.
4
Q:
How much does it cost to apply for accreditation for a course?
A:
$35 per course
5
Q:
What types of courses are approved?
A:
Rule 5.A of the Rules of the CLE Board addresses the general standards for approval. Essentially, the course must be substantive in nature and directly relate to the practice of law. Faculty must be qualified to teach the subject matter; legal subjects must be taught by lawyers.
6
Q:
How can I find out if a course has been approved?
A:
The easiest way to determine if a course has been approved is to do a search on our website; click here. Or you may call (651)297-7100 and follow the prompts to leave a message.
Lawyer Registration
1
Q:
How can I get a certificate of good standing?
A:
The Lawyer Registration Office handles all certificates of good standing for Minnesota attorneys. For more information, please visit the Lawyer Registration Office Website.
2
Q:
What is my attorney license number?
A:
Look on your wallet card or you may access the Attorney Registration public inquiry website by www.courts.state.mn.us/MARS. After you find your license number, please return to this site and select "First Time Visitor" if you have not used OASIS before, or click "Forgot Password" if you need to retrieve your OASIS password.
3
Q:
I just received my Lawyer Registration Statement and have a question about it. Who do I call?
Does Minnesota have CLE accreditation reciprocity with other states?
A:
Minnesota does not have reciprocal approval.Courses approved for CLE in other states will be considered for Minnesota CLE credit after the sponsor or attending attorney submit the required information.
What do I do if my address and/or phone number changes?
A:
Report the change to the Lawyer Registration Office, 25 Rev. Dr. Martin Luther King Blvd., Suite 305, St. Paul MN 55155. You may also fax the change to us (651)296-5866 or e-mail us at lvanderbeek@mbcle.state.mn.us. Or you may make the change by logging on to your attorney record.
