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Georgia CLE Requirements

Rule 8-104. Education Requirements and Exemptions.

(A) Minimum Continuing Legal Education Requirement.

Each active member shall complete a minimum of twelve (12) hours of actual instruction in an approved continuing legal education activity during each year. If a member completes more than twelve (12) hours in a year, the excess credit may be carried forward and applied to the education requirement for the succeeding year only.

(B) Basic Legal Skills Requirement.

(1) Except as set out in subsections (a) and (b) below, any newly admitted active member admitted after June 30, 2005, must complete in the year of his or her admission or in the next calendar year the State Bar of Georgia Transition Into Law Practice Program, and such completion of the Transition Into Law Practice Program shall satisfy the mandatory continuing legal education requirements for such newly admitted active member for both the year of admission and the next succeeding year.

(a) Any newly admitted active member, who has practiced law in another United States jurisdiction other than Georgia for two or more years immediately prior to admission to practice in this state, may be exempted from completing the Transition Into Law Practice Program upon the submission, within three months of admission, of an affidavit to the Commission on Continuing Lawyer Competency. The affidavit shall provide the date or dates of admission in every other state in which the member is admitted to practice and a declaration that the newly admitted member has been actively engaged in the practice of law for two or more years immediately prior to admission in this state. Upon submission of a satisfactory affidavit, the newly admitted active member shall be required to complete the annual twelve hours of instruction in approved continuing legal education activity beginning at the start of the first full calendar year after the date of admission. Any newly admitted active member, who has practiced law in another United State jurisdiction other than Georgia for two or more years immediately prior to admission to practice in this state and who does not timely file the required affidavit, shall be required to complete the Transition Into Law Practice Program as set out above.
(b) Any newly admitted active member, who is a judicial law clerk or who begins a clerkship within three months of admission, shall not be subject to the requirement of completing the Transition Into Law Practice Program during the period of the judicial clerkship. Within thirty days of admission to the State Bar or within thirty days of the beginning of the clerkship if said clerkship begins within three months after admission, the member shall provide written notice to the Commission on Continuing Lawyer Competency of the date of entry into the clerkship position. Judicial law clerks are required to complete the annual twelve hours of regular instruction in approved continuing legal education courses beginning at the start of the first full calendar year after the date of admission. Within thirty days of the completion of the clerkship, the member shall provide written notice to the Commission on Continuing Lawyer Competency of the date of such completion. The member must complete, in the year the clerkship was concluded, or the next calendar year, the Georgia Transition Into Law Practice Program. Such completion of the Transition Into Law Practice Program shall satisfy the mandatory continuing legal education requirements for such member for both the year of completion of the clerkship and the next succeeding calendar year.

(2) Each active member, except those participating in the Georgia Transition Into Law Practice Program, shall complete a minimum of one (1) hour of continuing legal education during each year in the area of ethics. This hour is to be included in, and not in addition to, the twelve-hour (12) requirement. If a member completes more than one (1) hour in ethics during the calendar year, the excess ethics credit may be carried forward up to a maximum of two (2) hours and applied to the ethics requirement for succeeding years.

(3) Each active member, except those participating in the Georgia Transition Into Law Practice Program, shall complete a minimum of one (1) hour of continuing legal education during each year in an activity of any sponsor approved by the Chief Justice’s Commission on Professionalism in the area of professionalism. This hour is to be included in, and not in addition to, the twelve-hour (12) requirement. If a member completes more than one (1) hour in professionalism during the calendar year, the excess professionalism credit may be carried forward up to a maximum of two (2) hours and applied to the professionalism requirement for succeeding years.

(4) Confidentiality of Proceedings.

(a) The confidentiality of all inquiries to, decisions of, and proceedings by the Transition Into Law Practice Program shall be respected.  No disclosure of said inquiries, decisions and proceedings shall be made in the absence of the agreement of all participating.

(b) Except as expressly permitted by these rules, no person connected with the Transitions Into law Practice Program operated under the auspices of the Standards of the Profession Committee of the Commission on Continuing Lawyer Competency shall disclose any information concerning or comments on any proceeding under these rules.

(c) The Transition Into Law Practice Program operated under the auspices of the Standards of the Profession Committee of the Commission on Continuing Lawyer Competency may reveal private records when require by law, court rule, or court order.

(d) Any records maintained by the Transition Into Law Practice Program operated under the auspices of the Standards of the Profession Committee of the Commission on Continuing Lawyer Competency, as provided herein, shall be available to Counsel for the State Bar only in the event the State Bar or any department thereof receives a discovery request or properly executed subpoena requesting such records.

Regulations

(1) Definitions.

(a) Newly Admitted Active Member. A “newly admitted active member” is one who becomes an active member of the State Bar of Georgia for the first time.

(b) Bridge-the-Gap. “Bridge-the-Gap” is a program organized and defined by ICLE. Currently, the Bridge-the-Gap program consists of two days of instruction: the first day being a seminar called Bridge-the-Gap and the second day being any other approved six hour seminar to be selected by each lawyer. This program will be replaced by the Transition Into Law Practice Program after October 1, 2005.

(c) Transition Into Law Practice Program. “Transition Into Law Practice Program” is a program organized and defined by the Standards of the Profession Committee of the Commission on Continuing Lawyer Competency. Currently, the Transition Into Law Practice Program consists of two components:

(i) Attendance at the Enhanced Bridge-the-Gap program, or the Fundamentals of Law Practice program of the Institute of Continuing Legal Education, or a comparable program approved by the Commission on Continuing Lawyer Competency; and
(ii) Completion of a Mentoring Plan of Activities and Experiences.

(d) Enhanced Bridge-the-Gap. “Enhanced Bridge-the-Gap,” is the continuing legal education program of the Transition Into Law Practice Program that is delivered by the Institute of Continuing Legal Education in large group settings. Enhanced Bridge-the-Gap consists of two consecutive days of course work that inform and facilitate further discussion in the mentoring context.

(e) Fundamentals of Law Practice. “Fundamentals of Law Practice” is the continuing legal education program of the Transition Into Law Practice Program that is delivered by the Institute of Continuing Legal Education in small group settings to foster close interaction between newly admitted active lawyers and instructors. Fundamentals of Law Practice consists of two consecutive days of course work that inform and facilitate further discussion in the mentoring context.

(f) Mentoring Plan of Activities and Experiences. The “Mentoring Plan of Activities and Experiences” is the plan that structures and guides the mentoring component of the Transition Into Law Practice Program. The Plan shall be submitted to the Program in the year of admission or early in the next calendar year by the newly admitted active member and his or her mentor. The Plan must be completed in the year of admission or the next calendar year.
(2) Transition Application. Except as set out in Sections (B)(1)(a) and (B)(1)(b) above, the Transition Into Law Practice Program shall be required of all newly admitted active members admitted after June 30, 2005. The ICLE Bridge-the-Gap program shall be required of all newly admitted active members who are admitted prior to July 1, 2005.

(3) Legal Ethics. Legal ethics includes instruction on professional responsibility and malpractice. It does not include such topics as attorney fees, client development, law office economics, and practice systems except to the extent that professional responsibility is directly discussed in connection with these topics.

(4) Professionalism. The professionalism CLE requirement is distinct from, and in addition to, the ethics CLE requirement. The one-hour professionalism requirement is satisfied only by attending an activity of any sponsor approved by the Chief Justice’s Commission on Professionalism in the area of professionalism. Legal ethics sets forth the minimal standards of professional conduct required of a lawyer; professionalism encompasses what is more broadly expected of lawyers to serve both client and public good. Professionalism refers to the intersecting values of competence, civility, integrity, and commitment to the rule of law, justice, and the public good. The general goal of the professionalism CLE requirement is to create a forum in which lawyers, judges, and legal educators can explore and reflect upon the meaning and goals of professionalism in contemporary legal practice. The professionalism CLE sessions should encourage lawyers toward conduct that preserves and strengthens the dignity, honor, and integrity of the legal profession. Professionalism CLE includes, but is not limited to, courses on (a) the duties of lawyers to the systems of justice, courts, public, clients, other lawyers, and the profession, (b) the roles of lawyers as advocates, counselors, negotiators, problem solvers, and consensus builders, (c) various forms of dispute resolution, (d) pro bono service, (e) the concept of a profession, (f) history of the legal profession, (g) comparison of the legal profession in different nations’ systems of advocacy, and (h) jurisprudence or philosophy of law.

(5) Deadlines. The normal MCLE deadlines (December 31 and approved deficiency plan extensions) are applicable to the Transition Into Law Practice Program.

(6) Appointment of Mentors; Minimum Qualifications.

(a) Appointment of Mentors. The Supreme Court of Georgia has the sole authority to appoint Mentors.

(b) Nomination of Mentors. The Standards of the Profession Committee may nominate individuals satisfying the Minimum Qualifications to the Supreme Court of Georgia for appointment consideration; provided however, that the Supreme Court of Georgia retains the authority to appoint Mentors upon its own recommendation and/or motion.

(c) Minimum Qualifications for Mentors. A volunteer shall meet the following Minimum Qualifications to be eligible for nomination to the Supreme Court of Georgia for appointment as Mentor:

(i) Active Status.  Be an active member of the State Bar of Georgia, in good standing; and,

(ii) 5 Years of Practice.  Have been admitted to the practice law for not less than five (5) years; and,

(iii) Professional Reputation.  Maintain a professional reputation in his or her local legal community for competence, ethical and professional conduct; and,

(iv) Disciplinary Action.  Never have received the sanction of disbarment or suspension from the practice of law in any jurisdiction, nor have voluntarily surrendered his or her license to practice law for the purpose of disposing with a pending disciplinary proceeding in any jurisdiction.  During the ten (10) years preceding the nomination as mentor, the prospective mentor shall not have been otherwise sanctioned by the pertinent entity governing the admission and practice of law in any jurisdiction. The term “sanctioned” means subjected to disciplinary action.  (For example, in Georgia, “sanctioned” currently means any of the levels of discipline whether public or confidential listed in State Bar of Georgia Rule 4-102(b) (i.e., Disbarment; Suspension; Public Reprimand; Review Panel Reprimand; Investigative Panel Reprimand; Formal Admonition); Rule 8-107 (C) (i.e., Administrative Suspension for deficiency in continuing legal education hours); or State Bar Bylaws Article I, Section 4, Item 2 (i.e., Failure to Register with State Bar of Georgia within one year upon eligibility)). Nominations of individuals having formal complaint (s) pending before the Supreme Court of Georgia will be deferred until the final disposition of the formal complaint (s); and,

(v) Court-ordered Disciplinary Action.  During the ten (10) years preceding the nomination as mentor, the prospective mentor shall not have been the subject of a written order issued by a court of competent jurisdiction that prohibits or otherwise limits the prospective mentor from practicing before that court or class of courts.  A directive, request or order by a judge of a court requesting or directing that an attorney employed by an agency of government or a legal aid organization who is assigned to handle cases before that judge be transferred or reassigned to other duties or another courtroom does not constitute court-ordered disciplinary action under this part.  A prospective mentor who is or has within the preceding ten (10) years been the subject of such a written order may petition the Commission on Continuing Lawyer Competency (the “Commission”) for a waiver of this requirement.  After review of the facts and circumstances which led to the entry of such order, the Commission may, upon good cause shown, grant such waiver if the prospective mentor is otherwise qualified to be a mentor; and

(vi) Professional Liability Insurance or Equivalent. Be covered under a professional liability insurance policy with minimum limits of $250,000.00/$500,000.00, or, if applicable, the equivalent to such coverage through the legal status of his or her employer.

(C) Exemptions.

(1) An inactive member shall be exempt from the continuing legal education and the reporting requirements of this Rule.

(2) The Commission may exempt an active member from the continuing legal education, but not the reporting, requirements of this rule for a period of not more than one (1) year upon a finding by the Commission of special circumstances unique to that member constituting undue hardship.

(3) Any active member over the age of seventy (70) shall be exempt from the continuing legal education requirements of this rule, including the reporting requirements, unless the member notifies the Commission in writing that the member wishes to continue to be covered by the continuing legal education requirements of this rule.

(4) Any active member residing outside of Georgia who neither practices in Georgia nor represents Georgia clients shall be exempt, upon written application to the Commission, from the continuing legal education, but not the reporting, requirements of this rule during the year for which the written application is made. This application shall be filed with the annual report.

(5) Any active member of the Board of Bar Examiners shall be exempt from the continuing legal education but not the reporting requirement of this Rule.

Regulations

(1) Inactive. To be fully exempt, the member must be inactive during the entire year. An active attorney who changes to inactive status is not exempt during the year in which the status change occurs. An inactive attorney who changes to active status must comply with the full 12 CLE hour requirement.

(2) Undue Hardship. Requests for undue hardship exemptions on physical disability or other grounds may be granted. The CCLC shall review and approve or disapprove such requests on an individual basis.

(D) Requirements for Participation in Litigation.

(1) Prior to appearing as sole or lead counsel in the Superior or State Courts of Georgia in any contested civil case or in the trial of a criminal case, any participant in the Transition Into Law Practice Program admitted to practice after June 30, 2005, shall complete the mandatory Advocacy Experiences of the Transition Into Law Practice Program set forth in Regulation (5) hereunder. The mandatory Advocacy Experiences shall be completed as part of the Mentoring Plan of Activities and Experiences, except that up to three (3) of the five (5) mandatory Advocacy Experiences may be obtained after completion of 60% of the credit hours required for law school graduation and prior to admission to practice. At least two (2) of the mandatory Advocacy Experiences must be completed as part of the Mentoring Plan of Activities and Experiences.

(2) Each active member who appears as sole or lead counsel in the Superior or State Courts of Georgia in any contested civil case or in the trial of a criminal case in 1990 or in any subsequent calendar year, shall complete for such year a minimum of three (3) hours of continuing legal education activity in the area of trial practice. A trial practice CLE activity is one exclusively limited to one or more of the following subjects: evidence, civil practice and procedure, criminal practice and procedure, ethics and professionalism in litigation, or trial advocacy. These hours are to be included in, and not in addition to, the 12-hour (twelve) requirement. If a member completes more than three (3) trial practice hours, the excess trial practice credit may be carried forward and applied to the trial practice requirement for the succeeding year only.
Regulations

Trial MCLE

(1)  Lead Counsel is defined as the attorney who has primary responsibility for making all professional decisions in the handling of the case.

(2) The trial MCLE rule applies to all members who appear as sole or lead counsel in the Superior or State Courts of Georgia in any contested civil case or in the trial of a criminal case. As a segment of the 12-hour (twelve) total MCLE requirement, the MCLE exemptions are applicable to the trial MCLE rule. Likewise, the normal MCLE deadlines (December 31st and approved deficiency plan extensions) are applicable to the trial MCLE rule.
(3) Due to the “exclusively limited” requirement, trial CLE must be (a) clearly segregated and identified (b) a minimum of one (1) hour in length, and (c) limited to one or more of the five (5) listed subjects in order to receive trial CLE credit. The “exclusively limited” requirement does not prohibit credit for a seminar that deals with one or more of the subjects stated in the Rule in the context of a particular field of trial practice, such as medical malpractice, personal injury defense, criminal cases, construction law, etc.

(4) MCLE transcripts will reflect trial CLE in addition to ethics and total CLE. However, the certification of compliance is made by the members when they make the court appearance described in the Rules. The sanctions for false certification or other non-compliance lie with the Court in which the lawyer appeared and with the State Disciplinary Board of the State Bar of Georgia. If the Commission receives allegations or evidence of a false certification or other non-compliance, a report thereof shall be forwarded to the State Disciplinary Board for any action it deems necessary.

(5) For participants in the Transition Into Law Practice Program who wish to appear as sole or lead counsel in the Superior or State Courts of Georgia in any contested civil case or in the trial of a criminal case, the mentors and beginning lawyers shall devise five (5) mandatory Advocacy Experiences tailored to the practices of the beginning lawyers.  The following are examples:

i. An actual or simulated deposition of a witness or adverse party in a civil action;
ii. An actual or simulated jury trial in a civil or criminal case in either a state or federal court;
iii. An actual or simulated nonjury trial or evidentiary hearing in a state or federal court;
iv. An actual or webcast of an appellate argument in the Supreme Court of Georgia, the Court of Appeals of Georgia, or a United States Circuit Court of Appeals; and
v. An actual or simulated mediation.

Other advocacy experiences may be selected by Mentors to comply with Rule 8-104(D).

Rule 8-106. Hours and Accreditation.

(A) Hours. The Commission shall designate the number of hours to be earned by participation, including, but not limited to, teaching in continuing legal education activities approved by the Commission.

Regulations

(1) Computation Formula. CLE and ethics hours shall be computed by the following formula:

Sum of total minutes
of actual instruction
60

= total hours (round to the
nearest 1/10th of an hour)

(2) Actual Instruction. Only legal education shall be included in computing the total hours of actual instruction. The following shall not be included: (a) introductory remarks, (b) breaks, (c) business meetings, (d) questions and answer sessions at a ratio in excess of 10 minutes per CLE hour, (e) programs of less than 60 minutes in length.

(3) Teaching. For their contribution to the legal profession, attorneys may earn credit for non-paid teaching in an approved continuing legal education activity. Presentations accompanied by thorough, high quality, readable, and carefully prepared written materials will qualify for CLE credit on the basis of three (3) credits for each hour of presentation. Repeat presentations qualify for one-half of the credits available for the initial presentation. A speaker may elect to split the teaching credit with another attorney who, under the speaker’s supervision, prepares the written materials. If the intended speaker prepares the written materials and cannot speak due to health problems, emergency or required court appearance, the teaching credit will be split between the speaker and the substituted speaker at the request of either. Should neither make such request, the credit will be given to the actual speaker.

(4) Author. The CCLC may award up to a maximum of (6) hours of CLE credit for the authoring of legal articles upon the written certification by the attorney to the CCLC of (a) the amount of time expended in researching and writing the article and (b) the submission of a copy thereof to the CCLC for review, provided that (1) the article or treatise’s content and quality are consistent with the purposes of CLE, (2) it is published in a recognized publication which is primarily directed at lawyers, and (3) the project was not done in the ordinary course of the practice of law, the performance of judicial duties, or other regular employment. If co-authors are involved, the credit may be divided on the basis of each attorney’s contribution. An attorney requesting author credit shall pay the normal attendee fee.

(5) Organizer. The chairperson who organizes an approved CLE activity and who does not make a formal oral presentation therein shall qualify for CLE credit as if he or she had made a one hour presentation. If co-chairpersons are involved, the credit shall be divided on the basis of each attorneys’ contribution. An attorney requesting this type of credit should pay, or arrange for the sponsor to pay, the normal attendee fee.

(6) Active Non-Resident. Active non-Georgia members residing in other mandatory CLE states may satisfy all Georgia requirements by (1) meeting the CLE requirements of the resident state, (2) so reporting annually on their Georgia MCLE affidavit, and (3) paying the Georgia CLE, professionalism, and late fees normally paid by active members residing in Georgia.

(B) Accreditation Standards: The Commission shall approve continuing legal education activities consistent with the following standards:

(1) They shall have significant intellectual or practical content, and the primary objective shall be to increase the participant’s professional competence as a lawyer;

(2) They shall constitute an organized program of learning dealing with matters directly related to the practice of law, professional responsibility or ethical obligations of lawyers;

(3) Credit may be given for continuing legal education activities where (a) live instruction is used or (b) mechanically or electronically recorded or reproduced material is used if a qualified instructor is available to comment and answer questions;

(4) Continuing legal education materials are to be prepared, and activities conducted, by an individual or group qualified by practical or academic experience in a setting physically suitable to the educational activity of the program;

(5) Thorough, high quality, and carefully prepared written materials should be distributed to all attendees at or before the time the course is presented. It is recognized that written materials are not suitable or readily available for some types of subjects; the absence of written materials for distribution, should, however, be the exception and not the rule;

(6) The Commission may issue from time to time a list of approved accredited sponsors deemed by it to meet the requirements set forth in this Rule. Any other sponsor desiring to be approved for accredited sponsor status must file an application with the Commission with such program material and information as the Commission may require;

(7) Any accredited sponsor must keep and maintain attendance records of each continuing legal education program sponsored by it, which shall be furnished to the Commission upon its request.

Regulations

(1) Continuing Legal Education. The CCLC shall determine those matters which directly relate to the practice of law so as to be eligible for CLE credit. They shall constitute an organized program of learning dealing with matters directly related to the practice of law, professional responsibility, or ethical obligations of lawyers.

(2) Law School Courses. Courses offered by an ABA accredited law school shall receive credit on the basis of one-half (1/2) hour of CLE credit for each 60 minutes of actual instruction. No more than twenty-four (24) CLE hours in any calendar year may be earned by law school courses. Success on an examination is not required for credit and the course may be attended on an audit (not for academic credit) basis. No credit is available for law school courses attended prior to becoming an active member of the State Bar of Georgia. Law courses in schools other than law schools will not qualify.

(3) Bar Review/Refresher Course. Courses designed to review or refresh recent law school graduates or other attorneys in preparation for any bar exam shall not be approved for CLE credit.

(4) Approval. CLE activities may be approved upon the written application of sponsors on an individual program basis, sponsors on an accredited sponsor basis, or attorneys on an individual program basis. In addition, the CCLC may approve both CLE activities and accredited sponsors on its own motion, on either an individual program or accredited sponsor basis. All applications for CLE course approval shall:

a. Be submitted at least thirty (30) days, and preferably longer, in advance of the course, although the CCLC may grant retroactive approval;

b. Be submitted on forms furnished by the CCLC;

c. Contain all information requested on the form;

d. Be accompanied by a course outline or brochure that describes the course content, identifies the teachers, lists the time devoted to each topic, and shows each date and location at which the program will be offered;

e. Include a detailed calculation of the total CLE hours and of the ethics hours.

In addition to the foregoing, sponsors shall within thirty (30) days after the course is concluded:

a. Furnish to the CCLC a list in alphabetical order of the name and State Bar number of each Georgia attendee;

b. Remit to the CCLC the appropriate sponsor fee. Sponsors who have advance approval for courses may include in their brochures or other course descriptions the information contained in the following illustration:

This course (or seminar, etc.) has been approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia for mandatory continuing legal education credit in the amount of _____hours, of which ______hours will also apply in the area of ethics. The reporting of your attendance at this course will be done for you by (name of sponsor). To assure proper credit, please be sure to furnish us with your correct Georgia Bar number. (If applicable: The administrative fee for this course will be paid for you by (name of sponsor) directly to the Commission.)
Sponsors not having advance approval shall make no representation concerning the approval of a course for CLE credit by the CCLC.

The CCLC will mail a notice of its decision on all CLE activity approval requests within ninety days of their receipt. Approval thereof will be deemed if the notice is not timely mailed. This automatic approval will not operate if the sponsor contributes to the delay by failing to provide the complete information requested by the CCLC, or if the CCLC timely notifies the sponsor that the matter has been tabled and the reason therefore.

(5) In-House/Self-Study CLE. The Commission recognizes that law firms, corporate legal departments and similar entities, either alone or in conjunction with each other, will develop and present In-House continuing legal education activities to assist their member attorneys in maintaining their professional competence. The Commission further recognizes that these In-House CLE activities often are designed to address matters most relevant to a firm’s own attorneys. However, it is also educational and beneficial for attorneys to meet and learn from colleagues who practice in other firms, corporate legal departments, or similar entities including sole practitioners.

The Commission recognizes that active member attorneys on an individual basis may participate in distance learning CLE activities, which constitutes Self-Study.

These In-House/Self-Study CLE activities may be approved for credit under these Rules and Regulations plus the following additional conditions:

a. All In-House/Self-Study CLE activities shall be designed specifically as an organized program of learning.

b. All In-House/Self-Study CLE activities must be open to observation by members of the CCLC and its staff;

c. Experienced attorneys must substantially contribute to the development and presentation of all In-House/Self-Study CLE activities;

d. In-House/Self-Study CLE activities must be scheduled at a time and location so as to be free of interruptions from telephone calls and other office matters.

e. Up to six (6) CLE hours may be earned by an attorney in a calendar year through any combination of approved In-House/Self-Study activities. In addition, up to six hours of In-House/Self-Study credit may be carried forward and applied to In-House/Self-Study CLE for the next calendar year or carried back to the previous year to satisfy a CLE deficiency as long as the In-House/Self-Study limit for that year has not been met. While In-House credits count toward this six (6) CLE hour annual limit for all members of the sponsoring law firm or legal department, non-member attorneys who attend those In-House CLE programs will receive regular credit that does not count toward the six (6) CLE hour annual limit. For example, if a law firm conducts a seminar attended both by its partners or associates and by in-house counsel of its corporate client or other invited attorney guests, these credits would count toward the six (6) hour limit for the firm’s partners and associates, but not for the non-member guests.
(6) Facilities. Sponsors ordinarily must provide a facility with adequate lighting, temperature controlled ventilation, and a designated non-smoking area. For a non-clinical CLE activity, the facility should be set up in classroom or similar style to provide a writing surface for each pre-registered attendee, to provide a minimum of two linear feet of table space per chair, and should provide sufficient space behind the chairs in each row to permit easy access and exit to each seat. Crowding in the facility detracts from the learning process and will not be permitted.

(7) Written Materials. Qualifying written materials shall specifically address each of the topics of the seminar. These materials must be prepared by the speaker (or someone acting under his or her direct supervision) and shall be distributed to all attendees at or before the time the seminar is held. There are essentially three rationales for these requirements. First, they ensure speaker organization and preparation. Second, they alleviate the need for attendees to take notes and allow them to concentrate on the oral presentations. Finally, they provide a valuable reference tool for the attendees after they leave the seminar.

Examples of written materials which alone would not qualify include, but are not limited to, the following: (1) topical outlines; (2) topical outlines with case citations; (3) copies of statutes or cases; (4) copies of leases, contracts, wills and other legal instruments (unless accompanied by qualifying explanatory text); (5) hornbooks (unless speaker prepared and on point); (6) casebooks; (7) subsequently prepared transcripts.

The quality of oral presentations and the overall educational value of the seminar will not excuse the written materials accreditation requirement.

It is recognized that on rare occasions, or for unique topics, preparation of written materials may not be possible or appropriate. Thus, for example, where the particular law which is the topic of a seminar changes dramatically immediately before the seminar is given, the prepared materials may be rendered obsolete. Likewise, written materials may not always be suitable for a clinical program on oral advocacy. In these exceptional circumstances, the requirements of this regulation may not apply. If there is any question as to whether written materials are required for a given topic, the sponsor is advised to contact the Commission in advance of the seminar.

(8) Sponsor Records. In addition to the required attendance records, sponsors are encouraged, though not required, to solicit written evaluations of each sponsored program from its attendees and to maintain for at least two years after the program all such evaluations received, both for the sponsor’s benefit and for furnishing to the Commission upon its request. A sponsor’s policy either to solicit and maintain such evaluations or not to do so may be considered by the Commission as a factor bearing on the sponsor’s accreditation.

(9) Primary Objective Test. The primary objective of CLE shall be to increase the attendee’s professional competence as a lawyer. Worthwhile professional activities which have other primary objectives are encouraged, but do not meet the accreditation standards for CLE credit. Bar meetings, service on committees, jury duty, and client development or marketing seminars are examples of activities which do not meet the primary objective test.

(10) ADR CLE. CLE activities which train attorneys in the generally accepted processes of alternative dispute resolution are consistent with Accreditation Standards 1 and 2 where such programs meet the other criteria set forth herein

(11) Practice Management CLE. (CLE activities relating to the development and management of a law practice including client relations) Practice Management CLE includes, but is not limited to, those activities which (1) teach lawyers how to organize and manage their law practices so as to promote the efficient, economical and competent delivery of legal services; and (2) teach lawyers how to create and maintain good client relations consistent with existing ethical and professional guidelines so as to eliminate malpractice claims and bar grievances while improving service to the client and the public image of the profession. Practice Management CLE is consistent with Accreditation Standards 1 and 2 where such programs meet the other criteria set forth herein.

(12) CLE Delivery Formats. In addition to traditional approved continuing legal education activities attended live and in-person by groups of attorneys, distance learning delivery formats are acceptable provided they are designed specifically as organized programs of learning and meet the other accreditation standards set out in these Rules and Regulations. These distance learning CLE activities may be attended by an individual attorney with no minimum number of attendees needed to receive approved MCLE credit, but must comply with the In-House/Self-Study CLE Regulation 5 to Rule 8-106(B). Examples of qualifying distance learning formats include: live CLE activities presented via video or audio replays of live CLE activities; on-line computer CLE activities, CD-ROM and DVD interactive CLE activities; and written correspondence CLE courses. When attended by an individual attorney, the distance learning activity constitutes Self-Study CLE. Examples of non-qualifying educational activities that are encouraged on a non-MCLE approved credit basis include: reading cases and advance sheets, legal research, internet chat groups, observations of trial and jury duty.

Rule 8-107. Grace Period and Noncompliance.

(A) Grace Period

(1) Members who are deficient in their CLE, fees, or other requirements at the end of a calendar year are entitled to an automatic grace period until March 31st of the succeeding year to make up their deficiency.  This does not change the requirement that members file their annual report by January 31st.

(2) Members who remain deficient on April 1st of the succeeding year shall pay a late CLE fee in an amount to be set by the Commission.

(B) Noncompliance

(1) Notice.  Members who remain deficient in their CLE, annual report filing, fees, or other requirements on April 1st of the succeeding year are in noncompliance.  The Commission shall so notify the members by first class mail to the member’s current address contained in the membership records of the State Bar of Georgia.  Service or actual receipt is not a prerequisite to actions authorized by these Rules.

(2) Hearing.  Members may contest their noncompliance by requesting a hearing before the Commission.  The request should be in writing, contain the reasons for their contest, and be made within 60 days of the date of the notice of noncompliance mailed by the Commission.  The Commission shall hear the matter at its next meeting.  No action will be taken while hearings are pending.

(3) Report.  The Commission shall report to the Supreme Court those members who remain in noncompliance after the time to request hearings has expired or any requested hearings have been held.

(4) Supreme Court of Georgia Action.  Upon receipt from the Commission of a report of noncompliance, the Supreme Court of Georgia shall enter an order it deems appropriate including an allowance of additional time for compliance or summary suspension from the practice of law until further order of the Court.

Regulations

(1) Late CLE Fee: An attorney who does not complete the minimum CLE requirement for one year until after March 31st of the following year shall pay a $100 late CLE penalty.  This penalty shall be due April 1st.

(2) Additional Late CLE Fee: An attorney who does not complete the minimum CLE requirements for one year or pay all applicable late fees (including the $50 late filing fee and the $100 late CLE fee) by June 30th, shall incur an additional $150 late fee.

Rule 8-108. Reinstatement.

An active member suspended under the provisions of these rules may be reinstated by the Court upon motion of the Commission and upon a showing that the delinquency has been corrected and payment to the Commission of a uniform reinstatement fee fixed by the Commission.

Regulation

(1) Reinstatement Fee. The uniform reinstatement fee is $500 for a member’s first reinstatement, $1,000 for a second reinstatement by the same member, and $2,000 for all subsequent reinstatements by the same member. This fee must accompany the reinstatement motion. It shall not be waived and is non-refundable in the event reinstatement is not granted.

(2) Policy. Reinstatement will be granted only upon a showing that the member has attended sufficient approved CLE activity to make-up the deficiencies causing the suspension and all deficiencies in subsequent years. Also, the member’s progress toward meeting MCLE requirements in the calendar year in which the reinstatement is requested will be included as information in the CCLC’s motion to the Supreme Court.

(3) Motion. The motion for reinstatement shall list the CLE activities by course number, sponsor, location, dates and hours. It shall be accompanied by proof of attendance, any attendee fee that may be due, and the reinstatement fee.

(4) CCLC Action. If the suspended member is found to be in compliance, the CCLC will file a motion with the Supreme Court of Georgia setting forth the facts along with its recommendation which may or may not be that reinstatement be granted. The Supreme Court will make the final decision on reinstatement. If the suspended member is found to not be in compliance, the CCLC will inform him of the curative actions necessary to cure his deficiencies.

Rule 8-110. Immunity.

The State Bar, its employees, the Standards of the Profession Committee members and advisory, the Commission on Continuing Lawyer Competency, its employees, members and advisory, the Chief Justice’s Commission on Professionalism, its employees, members, and advisors shall be absolutely immune from civil liability of all acts in the course of their official duties.


Inside Georgia CLE Requirements