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Nevada CLE Requirements

REGULATION 2

GENERAL REQUIREMENTS

1. An active member may become entitled to credit by engaging in any one of, or a combination of, the following kinds of educational activity:

(a) Attending an approved course in compliance with Regulation

(b) Instructing at an approved course, including preparation for instruction in compliance with Regulation 11.

(c) Writing or editing of articles or works approved for credit by the Board in compliance with Regulation 10.

(d) Preparation of written materials for approved courses in compliance with Regulation 3.

(e) Participation in approved alternate format courses in compliance with Regulation 4.

2. Unless otherwise specified by the Board, attendance by an active member for each sixty (60) minute period at any approved course entitles the active member to one credit hour towards the fulfillment of the continuing legal education obligation of the active member for the calendar year in which such attendance occurs.

3. The Board reserves the right to reduce the number of credits of an approved course, if the attendance or instruction is completed in less time than approved.

4. Attorneys are cautioned that the representations by a sponsor of approval or the allocation of credit hours for an educational activity are always subject to review and change by the Board.

5. Except as provided below, credit will not be given for delivering or attending keynote addresses, introductory comments, business meetings, breaks taken for refreshments or

meals, including speeches or presentations made during meals, even if such speech or presentation is given by an accredited sponsor or in connection with an approved course.

However, credit may be received for the time involved in delivery or attending an otherwise approved course during meal time, if the circumstances are such that:

(a) The primary function of the meal time is CLE;

(b) There is a quiet and academic atmosphere during meal time which allows all members of the audience to easily hear the speaker(s); and

(c) CLE is being presented during the entire time for which credit is applied.

6. If less than a credit hour occurs, partial credit must be rounded to the lowest one-half credit. Credits may not be received for less than a total of one-half hour of attendance at any approved educational activity.

REGULATION 3

ACADEMIC STANDARDS

1. A course, or other formal educational activity, may be approved by the Board if the following standards are met.

(a) The course or activity must contribute directly to, or have as its primary purpose, improving the professional skills or competence of attorneys, furthering the education of attorneys in matters of their professional or ethical obligations, improving the efficiency skills of the attorney, and/or improving the attorney’s delivery of legal services to the client. Any course sponsored by a vendor of products of services to law firms or clients of lawyers is rebuttably presumed not to qualify under this standard if any self-promotion of goods or services is part of the presentation.

(b) No promotion or sale of goods or services may occur during any period for which credit is sought and no active member may be required to attend a sales presentation, in any form, to receive credit for a course.

(c) The course or activity must be an organized program of learning conducted by lawyers or other persons who have specific education, training, experience, or expertise in an area or topic, by reason of which the instructor is considered an expert in the subject matter of the program. Any course conducted or presented by an instructor who does not meet this requirement of expertise is rebuttably presumed not to qualify for credit.

(d) Thorough, high quality, readable, and carefully prepared written materials must be made available to all participants at or before the time the course is presented, unless (1) the absence of such materials is reasonable under the circumstances of the particular course or presentation to be made, and (2) the absence of such materials is approved in advance by the Board. All written materials must be understandable by an attorney who did not attend the program. A topical outline without citations or explanatory notations is not sufficient to satisfy this requirement.

(e) The course or activity must be conducted in a comfortable physical setting conducive to learning and monitored for continuous attendance by the sponsor using reasonable methods, such as sign-in sheets or computerized attendance systems. The proof of attendance shall be retained as set forth in Regulation 9.

(f) The course or activity must be open to monitoring by the Board or its members, or its authorized representative, without charge or need for advance registration.

(g) The course must have the instructor(s) available in the same room or available by closed two-way (interactive) video and audio technology of sufficient quality and range to be heard by all attendees; or the course must provide closed video-only transmission and additionally allow for questions to be called in or sent by facsimile or e-mail during the course. To be considered as live continuing legal education (as opposed to self-study), online (Internet- based) course(s) for which credit is sought will qualify only if they contain all of the following:

(1) Continuous video presentation of the speaker and all visual items referenced by the speaker;

(2) Continuous audio presentation of the speaker and all audio items referenced by the speaker;

(3) An ability to ask questions of the instructor or panelist during the presentation or during programmed breaks in the presentation via e-mail, telephone or facsimile as set forth above; and

(4) An ability to maintain a reasonable and continuous attendance monitoring to ensure that the member is, in fact, participating in the course at all times.

(h) Courses or portions of programs of general interest and applicability, including but not limited to, self-improvement, stress reduction, marketing, career satisfaction, motivational presentations, etc., shall not be given continuing legal education credit.

2. Courses instructing in the subject of law office economics or practice management may be approved unless all or a specific portion of the course is primarily directed to deriving a profit from the practice of law or developing a client base as opposed to  improving the professional skills or the efficiency of the attorney as a practitioner. Courses in or including billing ethics or techniques may be approved if primarily directed toward the development and maintenance of client satisfaction or ethics compliance and not attorney profit oriented. In such instances, the portions of the course which place primary emphasis on deriving a profit from the practice of law as opposed to improving the professional skills or the efficiency of an attorney as a practitioner shall not be entitled to approval. General courses not uniquely designed for attorneys that stress writing, computer, time management, or tax/ financial skills are rebuttably presumed not to be eligible for credit.

3. Courses which cross academic lines but which combine the subject matter with legal issues (e.g., a medical- legal course, engineering aspects of construction litigation, accountingestate planning courses) may be approved if the course has significant intellectual or practical content and improves the professional competence of the participant as an attorney. The courses in this category may be approved upon application by either the sponsor or the participant. The burden is on the sponsor or participant to demonstrate in the application that the course improves the professional competence of the participant as an attorney.

4. Courses which do not deal directly with the practice of law (e.g., science courses, computer courses, engineering courses) may be approved if the course has significant intellectual and practical content and improves the professional competence or skills of the participant as an attorney or delivery of services to the client. Approval of such a course may only be obtained upon application of each participant. The burden is on the applicant to demonstrate, in the application:

(a) That the course improves the professional competence of the participant as an attorney; and

(b) The nature of the practice or anticipated practice in the legal field by the applicant requires education in the field offered by the course.

5. A course whose primary audience is not attorneys is presumed not to be continuing legal education. This presumption is rebuttable; however, the burden is on the applicant to demonstrate how the program maintains or increases the applicant’s professional competence as an attorney.

REGULATION 4

ALTERNATE COURSE FORMAT

1. An active member may receive credit in an amount approved by the Board for an approved course presented in an alternate format under the terms and conditions of this Regulation. See Form 3. The alternate format may include videotape, audiotape, remote place viewing or on-line computer presentations (not qualifying under Regulation 3), teleconferencing, computer self-study, or other alternate format now or hereafter developed by CLE providers.

2. Alternate format participation must be verified by the declaration of the active member seeking to obtain credit. Board Form 3 must be mailed/faxed to the Board within 30 days after the conclusion of the course of self-study. The alternate format item, program, or materials may only be used once by a member (updated versions to be considered new items), and the course of self-study may not be older than three (3) years since the item, program or materials used was compiled or published at the time the course of self-study is completed. It shall be the member’s responsibility to insure eligibility for the course of study with regard to the requirements of this Regulation before beginning study of those materials. 3. Regardless of the program format, the course must meet all of the academic standards of Regulation 3, including the obligation to provide suitable written materials.

4. Credit for an alternate format course cannot be divided between calendar years. For example, credit may not be earned for part of a single course in one reporting year and another part of the same course in another year. The restrictions of this subsection are intended to be consistent with the fact that as to a regular, live course, an attendee may not attend part of a course in one year and another part in another year.

5. Due to the possible editing of a live program into a recorded version, the Board reserves the right to reduce the total number of credits to the actual running time of the recorded version.

REGULATION 5

STATUS AS ACCREDITED SPONSOR

1. All continuing legal education activities of an accredited sponsor which meet the standards of Regulation 3 (except Regulation 3.4), which deals with accreditation obtained only by the participant) entitle any member participating in the continuing legal education activity of that sponsor to credit.

2. A sponsor of continuing legal education may receive accredited sponsorship status from the Board if the following requirements are met and maintained:

(a) The sponsor must have as one of its primary functions the provision of quality continuing legal education activities to attorneys.

(b) The sponsor must have a qualified staff or ongoing educational program committee responsible for supervising and insuring the quality of its courses.

(c) The sponsor must produce a minimum of ten (10) continuing legal education credits each calendar year.

(d) The sponsor must have, for a minimum of three (3) consecutive years preceding accreditation as an accredited sponsor, and for each year during the period of such accreditation, produced continuing legal education courses of a consistently high quality; and

(e) The sponsor must agree to, and must in fact, comply with each of the obligations set forth in Regulation 6. 3. Any sponsor of continuing legal education may apply to the Board to obtain the status of an accredited sponsor. Board Form 1 shall be used for applying to the Board to obtain the status of an accredited sponsor.

4. Upon receipt by the Board of the requisite information contained in the application, the Board will determine whether or not to grant the application and will promptly notify the applicant of its decision.

5. Unless otherwise specified by the Board, accredited sponsorship status shall be given for a period of two (2) years and shall expire on December 31 of the second year. It is the responsibility of the sponsor to timely seek renewal of its accredited status. The initial term of a sponsor granted accredited sponsorship status by the Board may be less than two (2) years. The Board reserves the right, at any time, to condition or terminate the status of a sponsor of continuing legal education as an accredited sponsor.

REGULATION 6

DUTIES OF ACCREDITED SPONSORS

1. An accredited sponsor shall meet each of the following requirements: (a) An accredited sponsor must notify the Board in writing of all courses scheduled. For each course, at least sixty (60) days in advance of the proposed presentation date, the accredited sponsor must supply a course agenda with a time breakdown per topic.

(b) An accredited sponsor must apply for individual course approval in any instance in which a course is co-sponsored with a sponsor which has not obtained the status of an accredited sponsor under these regulations.

2. An accredited sponsor shall also meet all the requirements and duties set forth in Regulation 9.

REGULATION 7

APPROVAL OF INDIVIDUAL PROGRAMS

1. The Board may, upon application of any active member or the sponsor of any course, approve all or a portion of a particular individual course of continuing legal education which meets the academic standards set forth in Regulation 3. Each application for approval of an individual program shall be made on Board Form 2 or ORACLE Form 1.

2. A program sponsor desiring approval of a course, program, or other activity, shall apply to the Board by submitting the required application and supporting documentation at least sixty (60) days prior to the date on which the course or program is scheduled.

3. A member of the bar desiring approval of a course, program, or other activity, shall apply to the Board by submitting the required application and supporting documentation no later than sixty (60) days following the date on which the course or program is scheduled. An application which is not timely filed may be rejected.

4. Sponsors or members denied approval of a program or activity may submit a written request for reconsideration from the Board within 60 days of receipt of the notice of denial of such decision. Such request must set forth the specific reason(s) for reconsideration.

REGULATION 8

IN-HOUSE PROGRAMS AND COURSES

In-house programs are defined as programs given by a law firm, government agency, company or similar entity, to its own active members. Any sponsor of or participant in an inhouse course shall apply to the Board for approval at least thirty (30) days prior to the activity taking place, so that the Board may, at its option, and without prior notice, monitor the quality of the course and any other aspects of the course to determine compliance with these Regulations. All courses shall comply with the requirements of the Regulations, including, but not limited to, Regulation 3 as to content and written materials. Any requests for approval of an in-house course may be denied unless the request for approval has been filed with the Board in advance of the program date.

Board Form 2 may be used for this purpose.

REGULATION 9

DUTIES OF NON-ACCREDITED SPONSORS

A non-accredited sponsor who seeks to receive or has received credit or approval of a continuing legal education activity from the Board shall comply with the following requirements:

(a) The non-accredited sponsor must permit monitoring and evaluation of its activities by the Board or its authorized representative without charge or advanced notice of attendance. A non-accredited sponsor may be required to pay all or a portion of any evaluation expense.

(b) The non-accredited sponsor must maintain accurate records of attendance of each program participant who is an active member of the State Bar of Nevada. Within thirty (30) days of the conclusion of the program, the non-accredited sponsor must forward an accurate record of attendance of such participants to the Board, accompanied by the final program agenda showing dates and start/finish times for each program topic only if different from original application.

(c) The non-accredited sponsor must give each participating attorney, at the conclusion of each program, the opportunity to complete an evaluation questionnaire addressing the quality, effectiveness, and usefulness of the particular program. Within thirty (30) days of the conclusion of the program, the non-accredited sponsor must forward a summary of the results of the questionnaires to the Board. If requested by the Board, copies of the questionnaires also must be forwarded to the Board.

(d) Sponsors must maintain the records required in subparts 1(b) and 1(c) above for a period of 2 years.

REGULATION 10

AUTHORSHIP OR EDITING CREDIT

1. An active member may apply for credit for authorship or editing of qualifying published materials by using Board Form 4. If preparation credits have been granted to an author pursuant to Regulation 11, additional credit for the same materials may not be granted to the same author under this Regulation.

2. The application for authorship or editing credits must be made within sixty (60) days of publication of the authored/ edited work.

3. The authored or edited material must be:

(a) A scholarly article, case note or other work published in a law review, legal treatise or legal manual;

(b) A scholarly article written for attorneys with citation to authority and published in a newsletter or legal magazine of regular distribution to at least 200 attorneys; or

(c) Written material meeting the requirements of Regulation 3(1)(c) and distributed at an approved course.

(d) Topical outlines, columns dealing with fraternal or social matters, anecdotal summaries, or brochures are not materials which qualify for authorship or editing credit.

4. An author may obtain up to 12 credits per year for material published as set forth in subpart 6 below, subject to the following limitations:

(a) works described in subpart 3(a) above may be eligible for up to 12 credits; works described in subpart 3(b) may be eligible for up to 6 credits; and works described in subpart 3(c) may be eligible for up to 3 credits.

(b) works which are co-authored are eligible for credit in proportion to the percentage of work contributed by the party seeking such credit.

5. Editorial credit may be given for works of substantive editing and for up to 50% of the credit set forth for authorship credit in subpart 4(a) above, depending on the extent of the editor’s involvement in creating the final product, as determined by the Board.

6. So long as timely submitted under subpart 2 above, credit may be allocated for the authorship or editing of the material at the election of the author, in either:

(a) The year in which the work is delivered to the publisher, and the work is accepted for publication; or

(b) The year in which publication actually occurs.

7. The Board will determine the final number of credits to be allocated to the authorship or editing of a work.

REGULATION 11

INSTRUCTION AT APPROVED COURSES

1. The Board may approve, upon application by an active member, continuing legal education in the form of instruction at an approved course. Board Form 5 shall be used for this purpose.

2. The application for approval for instruction must be made within sixty (60) days following the conclusion of the course in which the instruction is given (or if multiple instruction dates are offered, the last date of such instruction).

3. An active member may receive credit for instruction at a course or program if the course or program is subject to approval (or would have been approved if approval was sought).

4. Up to five (5) credits may be allocated to the preparation for the instruction for each one (1) hour of actual instruction.

5. Multiple presentations involving the same material and course matter are not entitled to duplicate credit. Courses which are updated from previous presentations may qualify for approval to the extent of time expended preparing for and providing the updated presentation.

REGULATION 12

ATTENDANCE VERIFICATION

1. Each member shall, in order to verify compliance with SCR 205-215 inclusive and the regulations promulgated by this Board thereunder, retain possession of all course outlines, agenda, cancelled checks, receipts, travel vouchers, or other records which tend to verify compliance. Such records shall be retained by the member for a period of two (2) years after the calendar year in which the member engages in the continuing legal education activity subject to verification.

2. A member may verify his or her attendance at any course by using Board Form 9 or Oracle Form 2 signed by the course sponsor.

3. The Board may periodically require a member to produce independent verification of compliance.

4. Failure of a member to provide verification of attendance may result in denial of credit for the course.

REGULATION 13

CARRY FORWARD OF CREDITS

1. An active member may carry forward a maximum of fifteen (15) general credit hours and a maximum of four (4) ethics credit hours, that are in excess of the required number of credits for such calendar year.

2. Active members who are exempt from these rules under SCR 214(1)(a) may, during the final year of exemption, earn credits which may be carried forward for application to requirements in the first year after the exemption.

REGULATION 14

REPORTING COMPLIANCE

1. Within fifteen (15) days following the conclusion of each calendar year, the Board shall mail to each member not exempt from the requirements of SCR 210 its Form 6 to be used by the member to report compliance with SCR 210. Board Form 6 is the form referred to in SCR 211. to the Board on or before March 1.

3. Those members who have not completed their requirements by December 31, may receive an extension of time until March 15, upon written request to the Board. The request must be accompanied by an extension fee under SCR 211. The request needs to include the reason for the deficiency. The Board may deny repeated requests for extensions if a history of late compliance develops. Attorneys who fail to complete their credits and who do not seek an extension of time will be subject to the late fee under SCR 212, in addition to any other applicable fees or penalties.

REGULATION 15

ANNUAL FEE

1. As provided in SCR 208(9), each active member shall pay to the Board an annual fee as established by the Supreme Court.

2. The annual fee shall be paid to the Board on or before March 1 of the calendar year for which the payment is required to be made.

3. Failure to pay the annual fee when due subjects the delinquent member to the same sanctions as if the member failed to comply with SCR 210 or SCR 211.

4. Active members employed on a full-time basis in the state judiciary who are prohibited from engaging in the private practice of law and inactive members or other persons entitled to an exemption under SCR 214(1) are automatically entitled to an exemption from the requirement to pay a fee to the Board under this Regulation 15.

REGULATION 16

EXEMPTIONS

1. Any active member subject to an exemption under SCR 214(1) must notify the Board of such an exemption by filing Form 7 with the Board.

2. Any person desiring an exemption under SCR 214(2) on the basis of undue hardship shall file a verified application for such an exemption with the Board. Board Form 8 shall be used for this purpose. Such application shall be made prior to obtaining such exemption, unless the active member is unable to make such application in advance by reason of the hardship itself.

REGULATION 17

DELEGATION

1. The Board may delegate to its Executive Director, or to a subcommittee of the members of the Board, the authority to approve courses or assign credits to continuing legal education courses. At each meeting of the Board, the Executive Director will report all determinations made under such delegated authority since the last meeting of the Board.

2. Any active member adversely affected by a decision or determination of the Board or its delegate may request reconsideration by the Board. Such request for reconsideration must be made in writing to the Board within thirty (30) days of notification of the determination or decision of the Board or its delegate. The member must specify the reason(s) why reconsideration is sought and set forth any additional items in support of that request. Only one request for reconsideration shall be allowed for each adverse determination.

REGULATION 18

CONFIDENTIALITY

All files, records and proceedings of the Board, as they relate to the compliance or noncompliance of any member with these regulations, shall remain confidential, and shall not be disclosed except:

(a) In furtherance of the duties of the Board;

(b) Upon written request and consent of the member affected;

(c) Pursuant to proper legal process, including subpoenas, search warrants and administrative summonses;

(d) Upon written request from State Bar counsel as part of a disciplinary proceeding or investigation;

(e) Upon written request from State Bar counsel in determining compliance with SCR 198; or

(f) As ordered by a court of competent jurisdiction.

REGULATION 19

ETHICS AND PROFESSIONAL CONDUCT

1. Ethics and Professional Conduct as specified in SCR 210 (1), includes but is not limited to instruction in any of the following areas:

(a) Topics specifically focusing on the Rules of Professional Conduct as adopted by the Supreme Court of Nevada.

(b) Avoiding disciplinary and malpractice complaints.

(c) Permissible forms of advertising, solicitation, fee splitting, and fee arrangements with clients.

(d) Permissible conduct when accepting or terminating employment with a law firm or agency, or when accepting, withdrawing, or being terminated from a case.

(e) Conflicts of interest.

(f) The documentation and record keeping that must be maintained on a daily basis in a law office, particularly with regard to time keeping, filing, case management and case administration.

(g) Trust accounts, retainers and retainer agreements and the proper handling thereof.

(h) Client relations, including the retention of files, attorney liens, and communications.

(i) Training and supervision of lawyers and support staff to reduce the risk of ethical violations, particularly with regard to the unauthorized practice of law.

(j) The prevention, detection, and treatment of substance abuse.

(k) Ethics and professional conduct pertaining to the Judiciary, including arbitrators, settlement judges and other judicial officers.

(l) Ethics and professional conduct pertaining to public lawyers including prosecutors and criminal defense attorneys.

2. Credits for ethics courses shall be computed in the same manner as for other courses under Regulation 2. Programs where ethics and professional conduct credits are being requested must contain a minimum of one-half (1/2) hour of instruction per program.

3. The Board will not approve for ethics and professional conduct credit those programs where it is indicated that there is a portion of ethics during each topic. Ethics and professional conduct instruction must be given in a continuous block of time.

4. Sponsors or attorneys who are seeking ethics and professional conduct credit for a CLE program must clearly identify the topic(s) contained in the agenda or brochure and the minutes of continuous instruction for which ethics and professional conduct credit is sought.

REGULATION 20

BAR REVIEW COURSES

No credit may be given for teaching or attendance at a course involving the preparation for a bar examination.

REGULATION 21

RELIEF FROM COMPLIANCE

1. If, because of extenuating circumstances, compliance with any of the above  regulations would cause undue hardship, a member may for good cause petition the Board requesting extension, deferral, modification, or waiver of a Regulation or portion thereof. The petition must set forth with particularity compelling reasons establishing good cause for granting the requested relief. Any relief granted is at the discretion of the Board.

2. Good cause means a reason, not within the reasonable control of the member, which has the effect of preventing, substantially hindering, or delaying the member’s compliance with these Regulations. Good cause shall not include mere neglect, inadvertence or untimeliness.


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