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 CLERequirement 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 Board 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 which are appointed by the Court or the Board, or other commissions, and committees primarily concerned with ethics or professional responsibility that serve the Court and the profession at the state or national level.  Credits under this rule may also be awarded to attorneys appointed by the Court to monitor the practice of another attorney.

Adopted:September 25, 2001

Amended: June 15, 2010

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 by motion (Maine Bar Admission Rule 11A) 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
Amended: January 1, 2012

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