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M. Bar R. 12 -
Continuing Legal Education
Policies and Procedures
Policy #1 Hardship
Waivers
Applications for
hardship waivers must be submitted annually for review by the CLE Committee.
Adopted: April 5, 2001
Amended: October 27, 2005
Policy #2 Reciprocal
Course Approval
Credit hours for
courses or activities approved by another mandatory continuing legal education
state and certified by that state’s CLE regulatory authority will be
accepted for identical credit by the Board of Overseers of the Bar in Maine upon the Board’s receipt of
evidence of such certification as issued by that state.
Adopted: April 5, 2001
Policy #3 Brown Bag
Lunches
Structured
educational activities presented as part of a meeting or “brown-bag lunch”
offered by a state, county or municipal bar association will automatically be
eligible for thirty (30) minutes of CLE credit for each attorney who
completes the session. The Board may grant additional credit upon receipt of
a completed ORACLE Form 1 with attachments from the sponsoring entity.
Adopted: April 5, 2001
Policy #4 Self-Study
Credit for Published Articles
The writing of
law related articles for publication will not be automatically approved for CLE credit. Authors requesting such
credit must submit a copy of the article after publication for evaluation by
the Board to apply toward only the self-study portion of the attorney’s
annual CLE obligation.
Adopted: April 5,
2001
Policy #5 CLE Committee Decision Protocols
The CLE Committee has the authority to
make interim decisions and to establish and implement interim policies and
procedures in response to CLE issues raised by registered
attorneys or course sponsors. Committee decisions on requests for exemption
or course approval are binding unless the applicant requests review by the
Board. Policies and procedures adopted by the Committee shall be
presented to the Board at its next meeting for ratification. Any interim
decisions that the Committee makes based on policies or procedures that the
Board declines to ratify shall nonetheless be binding on the parties involved
for the year in which the Committee’s decision is made.
Adopted: April 5,
2001
Policy #6 Prorated
Hours and Carry-Forward
An attorney who
is required to complete only a prorated number of CLE hours in a calendar year [Rule
12.1(a)(1)] may carry forward to the following year any hours completed in
excess of the prorated amount. The hours carried forward from a
prorated year may not exceed ten.
Adopted: July 27, 2001
Policy #7 Ethics
Requirement for Prorated Hours
An attorney who
is required to complete only a prorated number of CLE hours in a calendar year must
complete at least one full hour of ethics or professional responsibility for
that reporting period.
Adopted: July 27, 2001
Policy #8 Video
Replays
Attendance at a
course-sponsor’s broadcast of the videotape of an initially-live CLE program shall entitle the attendees
to the same number of non-self-study CLE credits as the initial live
presentation. Private use of audio or videotaped presentations shall
entitle the viewer/listener to the same number of CLE credits as the initial live
presentation, but those credits shall be self-study credits.
Adopted: July 27, 2001
Policy #10 Ethics
Requirement for Attorneys Granted Waivers/Exemptions
An attorney who
receives a waiver of the non-self study CLE requirement must complete at
least one (1) full hour of ethics or professional responsibility as part of
the fulfillment of the attorney’s self-study requirement unless the waiver
specifically provides otherwise.
Adopted: July 27, 2001
Policy #11 CLE Requirement for
Inactive/Withdrawn Attorneys Returning to Active Practice
In addition to
the requirement of M. Bar. R. 6(c) (3), prior to resuming active practice in
Maine, an inactive attorney or an attorney who has withdrawn from the
practice in Maine must also meet the requirements of M. Bar R. 12 (a) (1) for
each year the attorney has been inactive or withdrawn from practice, but need
not complete in excess of 22 credit hours of approved continuing legal
education for that entire inactive period, provided that total includes at
least two credit hours primarily concerned with ethics or
professional responsibility.
Adopted: July 27, 2001
Policy #12 Ethics
Credits for Participation on Volunteer Committees
The CLE Committee, at its discretion, may
award up to three (3) hours of ethics credit each calendar year to attorneys
for documented participation as volunteer members of commissions and
committees primarily concerned with ethics or professional responsibility
appointed by the Court or the Board of Overseers of the Bar. The CLE Committee at its discretion may
also award up to three (3) hours of ethics credit to attorneys for documented
participation as members of other committees and commissions primarily
concerned with ethics or professional responsibility that serve the court and
the profession at the state or national level.
Adopted: September 25, 2001
Amended: November 30,
2005
Policy
#13 Approved Sponsor/Application Fees
In addition to the requirements of M. Bar R. 12(e)(2), all applications
received by the Board from approved
sponsors shall include the course brochure along with a non-refundable fee of
$35.00. Non-approved sponsors shall submit the ORACLE Form 1 along with a
non-refundable application fee of $45.00. Courses presented at no cost to the
participants are exempt from the application fee.
Self-study
activities are exempt from fees.
Adopted: June 12, 2002
Amended: August 17, 2007
Policy #14
Reciprocity with New Hampshire and Vermont
Lawyers admitted to the New Hampshire Bar or the Vermont Bar may seek
reciprocal admission to the Maine Bar upon completion of at least fifteen
hours of continuing legal education on Maine practice and procedure.
These courses, approved by the Board of Overseers of the Bar, shall have been
completed within one year immediately preceding the date upon which the
motion is filed. The fifteen-hour requirement includes at least two credit
hours primarily concerned with issues of ethics or professional
responsibility which may be earned by attending courses, in-office courses,
self-study, or a combination thereof. The remaining thirteen hours must be
met by attending courses or completing approved continuing legal education
courses entitled to credit provided that no more than seven credit hours may
be earned through in-office courses, self-study, or a combination thereof.
Adopted: January 5, 2005
Policy #15
Disability/Hardship Waivers
In the event that an attorney requests a disability waiver from the
requirements of Maine Bar Rule 12 – Continuing Legal Education, the CLE Committee of the Board of
Overseers of the Bar will require a letter from their physician documenting
the basis for the exemption request. Requests for disability waivers
must be made to the CLE Committee on an annual basis, and
only for the duration of the disability.
Adopted: July 22, 2005
Amended: October 27, 2005
Policy #16
Expiration Date of Self-Study Materials
Self-study
materials (to include audiotapes, videotapes, CD’s, text, etc.) must be
relatively current (within the past two years) to count for self-study
credit. For example, when earning self-study credits for calendar year
2005, materials cannot be older than 2003. This is to ensure that
information is current, and it is up to individual providers to pull any
programs or materials that are outdated.
Adopted: October 27, 2005
Policy #17
Teleconferences, Video Conferences and Web Casts
Approved courses
presented via teleconference, video conference, or web cast qualify for
self-study credit unless the provider can demonstrate an interactive
component allowing attendees to participate contemporaneously in which live
credit shall be granted.
Adopted: March 15, 2006
Policy #18 Definition
of Ethics
Ethics/professional
responsibility credit shall be allowed for CLE topics that include instruction
focusing on ethical standards for attorneys with respect to their practice of
the profession of law, including their relationships with clients, the
public, other members of the profession, the courts and the agencies of the
State of Maine .
When course providers
fail to seek ethics/professional responsibility credit during the application
process, such providers may later obtain reconsideration if the request is
for good cause and made within the current reporting year.
Adopted: October 26,
2006
Policy #19 Records
Retention
The Board of
Overseers of the Bar shall retain paper copies of Annual Report Statements
submitted by attorneys for a period of five years. Paper copies of
course approvals, certificates of attendance and attendance rosters will be
retained for a period of two years. At the end of the retention period,
these documents will be disposed of in a confidential manner.
Adopted: October 26,
2006
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