Pennsylvania attorneys – CLE update

COVID-19 Response: Distance Learning

Continuing Legal Education Board continues to monitor pandemic recovery and administer policy regarding the rules and regulations for continuing legal education offered through distance learning.

When shutdowns during the pandemic created an absence of traditional, live in-person, classroom options, the Board received approval from the Court to temporarily relax all distance learning limitations. This accommodation allowed the CLE requirements for the 2020 and 2021 compliance periods to be completed with credits earned through live-online or pre-recorded programs offered through Accredited Providers.

For compliance periods ending in 2022 and thereafter, or until further modification by the Board, the number of credits earned through accredited pre-recorded/on-demand (asynchronous) programs shall not exceed six (6). Credits earned through accredited live-online (synchronous) programs shall be treated the same as traditional classroom courses. Please note how distance learning policy applies to your compliance group below:

Compliance Group 1 – Annual Deadline April 30
2022 Compliance Period: 5/1/21 – 4/30/22   and
2023 Compliance Period: 5/1/22 – 4/30/23

Six (6) credits must be live-online or in-person/classroom
Up to (6) credits may be completed through pre-recorded online courses
Only credits through live-online and in-person/classroom courses taken during this period may carry forward (up to two compliance periods)

Compliance Group 2 – Annual Deadline August 31
2022 Compliance Period: 9/1/21 – 8/31/22   and
2023 Compliance Period: 9/1/22 – 8/31/23
Six (6) credits must be live-online or in-person/classroom
Up to (6) credits may be completed through pre-recorded online courses
Only credits through live-online and in-person/classroom courses taken during his period may carry forward (up to two compliance periods)

Compliance Group 3 – Annual Deadline December 31
2022 Compliance Period: 1/1/22 – 12/31/22   and
2023 Compliance Period: 1/1/23 – 12/31/23
Six (6) credits must be live-online or in-person/classroom
Up to (6) credits may be completed through pre-recorded online courses
Only credits through live-online and in-person/classroom courses taken during this period may carry forward (up to two compliance periods)

All distance-learning credits must be reported by an Accredited Provider of Distance Learning.
Please refer to the link below for a list of approved distance learning providers:
https://www.pacle.org/providers/distance-learning

California attorneys – CLE update

State Bar of California proposed changes in MCLE requirements.

The proposal (November 28th 2022) would add three topics to the required courses licensees must complete as part of their 25 credit hours per 36-month compliance period:

Adding one hour on civility in the legal profession,
Adding one hour on technology in the practice of law, and
Changing the competence requirement from one to two hours.
Other changes include allowing certain mock trial and moot court
activity to count for MCLE credit, and changes that affect MCLE
providers.

New York attorneys – CLE update

New York State Continuing Legal Education Board

There is a new CLE requirement for New York attorneys.

• Effective July 1, 2023, you must complete 1 CLE credit hour in the new Cybersecurity, Privacy and Data Protection category of credit as part of your CLE requirement. The total number of CLE credits that you must complete in your reporting cycle does not increase.

• Experienced attorneys (admitted to the New York Bar for more than two years):

If you are due to re-register on or after July 1, 2023 (birthday is on or after July 1st), you must complete 1 CLE credit hour in Cybersecurity, Privacy and Data Protection as part of your biennial CLE requirement.

If you are due to re-register in 2023 but your birthday is before July 1st, you need not comply with the new requirement in 2023, but must comply in future biennial periods.

Example: If your birthday is on June 30th and you are due to re-register in 2023, then you do not need to comply with the new requirement in 2023, even if you file your registration form on or after July 1, 2023.

If you are due to re-register in 2024, or later, you must comply with the new
requirement.

• Newly admitted attorneys (admitted to the New York Bar for two years or less):

If you were admitted to the NY Bar prior to July 1, 2023, you need not comply with the Cybersecurity, Privacy and Data Protection requirement in your newly admitted cycle, but must comply in future reporting cycles.

Attorneys admitted to the NY Bar on or after July 1, 2023, must complete 1 CLE
credit hour in Cybersecurity, Privacy and Data Protection as part of their newly
admitted attorney CLE requirement.

• Earning Credit: You may start to earn CLE credit in this new category beginning on January 1, 2023.
• For More Information

CLE website
https://www.nycourts.gov/attorneys/cle

Cybersecurity FAQs
https://www.nycourts.gov/LegacyPDFS/attorneys/cle/Cybersecurity-Privacyand-Data-Protection-FAQs.pdf

New York State CLE Board