Rule X Section 3. Attorney Continuing Legal Education Requirements.

(A)(1) Each attorney admitted to the practice of law in this state and each attorney registered for corporate status pursuant to Gov. Bar R. VI, Section 4 shall complete and report, on a form provided by the Commission, at least twenty-four credit hours of continuing legal education for each two-year reporting period. At least two and one-half of the twenty-four credit hours of instruction shall be related to professional conduct and shall include all of the following:

(a) Thirty minutes of instruction on substance abuse, including causes, prevention, detection, and treatment alternatives;

(b) Sixty minutes of instruction related to the Ohio Rules of Professional Conduct;

(c) Sixty minutes of instruction related to professionalism (including A Lawyer’s Creed and A Lawyer’s Aspirational Ideals adopted by the Supreme Court).

(2) The instruction related to professional conduct required by division (A)(1) of this section may be obtained in a single program or activity or in separate programs or activities that include one or more of the subjects set forth in division (A)(1) of this section.

(B)(1) An attorney whose last name begins with a letter from A through L shall report compliance with the requirements of this rule on or before the thirty-first day of January of even-numbered years for the preceding two calendar years. An attorney whose last name begins with a letter from M through Z shall report compliance with the requirements of this rule on or before the thirty-first day of January of odd-numbered years for the preceding two calendar years. If an attorney’s name changes after the attorney is admitted to the practice of law or registers for corporate status pursuant to Gov. Bar R. VI, Section 4, the attorney shall remain in the same alphabetical grouping for purposes of filing all future reports.

(2) If the Commission determines that an attorney has timely completed and timely reported more than the required number of credit hours in a reporting period the Commission may apply a maximum of twelve credit hours to the next reporting period.

(C)(1) If an attorney becomes subject to this rule during a biennial reporting period, the Commission shall adjust the requirements of this rule on a pro rata basis.

(2) An attorney newly admitted to the practice of law or registered for corporate status under Gov. Bar R. VI, Sec. 3, shall be exempt from the educational requirements of division (A) of this section during the lawyer’s first biennial reporting period, except if the attorney is admitted to the practice of law or registered for corporate status during the second year of the attorney’s reporting period, the attorney shall be exempt during the reporting period that follows the attorney’s year of admission or year of initial corporate registration. However, such attorneys shall be required to do both the following:

(a) Complete the New Lawyers Training educational requirements in accordance with division (H) of this section by the deadline set forth in division (C)(2) of this section;

(b) File the report with the Commission required by division (B) of this section.

(3) The following newly admitted attorneys are exempted from the New Lawyers Training educational requirements, but shall otherwise comply with the applicable requirements of this rule:

(a) An attorney registered as inactive pursuant to Gov. Bar R. VI, Section 2;

(b) An attorney admitted to the practice of law in Ohio pursuant to Gov. Bar R. I, Section 9;

(4) If the attorney has been exempt because he or she has been registered as inactive and subsequently registers as active, the attorney shall complete the New Lawyers Training educational requirements of division (H) of this section by the end of the biennial reporting period in which active status is reinstated or, if the attorney’s exemption ends on or after July 1 of the second year of the attorney’s reporting period, by the end of the next biennial reporting period;

(5) If the attorney has been granted an exemption pursuant to division (F)(1) of this section, which exempts the attorney from completing the New Lawyers Training educational requirements, and the exemption is subsequently terminated, the attorney shall complete the New Lawyers Training educational requirements of division (H) of this section by the end of the biennial reporting period in which the exemption is terminated or, if the exemption ends on or after July 1 of the second year of the attorney’s reporting period, by the end of the next reporting period.

(6) Upon registration as active, an attorney who was registered as inactive pursuant to Gov. Bar R. VI, Section 2 or as retired pursuant to former Gov. Bar R. VI, Section 3 may have his or her continuing legal education requirements prorated pursuant to CLE Regulation 305 for the reporting period in which the attorney registers as active. An attorney shall not have his or her continuing legal education requirements prorated and shall comply with all applicable requirements of this rule if the attorney was not registered as inactive or retired for at least twenty-four consecutive months immediately preceding registration as active.

(7) An attorney who is granted a military exemption pursuant to division (F) of this section and whose exemption is terminated may have his or her continuing legal education requirements prorated pursuant to CLE Regulation 305 for the reporting period in which the exemption ends.

(8) An attorney who was exempt for more than two years from the requirements of this rule pursuant to division (F) of this section may have his or her continuing legal education requirements prorated pursuant to CLE Regulation 305 for the reporting period in which the exemption ends.

(D)(1) As part of the continuing legal education requirements of this rule, a magistrate appointed pursuant to Rule 53 of the Ohio Rules of Civil Procedure, Rule 40 of the Ohio Rules of Juvenile Procedure, Rule 14 of the Ohio Traffic Rules, or Rule 19 of the Ohio Rules of Criminal Procedure shall complete at least ten credit hours of continuing legal education in each reporting period that are offered by the Judicial College of the Supreme Court of Ohio and that do not consist solely of the classroom instruction related to professional conduct required by division (A)(1) of this section. A magistrate shall receive one hour of credit under this rule for each credit hour of continuing education completed by the magistrate and offered by the Judicial College of the Supreme Court of Ohio.

(2) Each magistrate shall register annually with the Secretary of the Commission on a form provided by the Commission and shall note the fact of the appointment on the biennial report form filed with the Commission.

(E)(1) As part of the continuing legal education requirements of this rule, an acting judge appointed pursuant to sections 1901.10, 1901.12, or 1907.14 of the Revised Code shall complete at least ten credit hours of continuing legal education in each reporting period that are offered by the Judicial College of the Supreme Court of Ohio and that do not consist solely of the classroom instruction on legal ethics, professional responsibility, and substance abuse required by division (A) of this section. An acting judge shall receive one hour of credit under this rule for each credit hour of continuing education completed by the acting judge and offered by the Judicial College of the Supreme Court of Ohio.

(2) Each acting judge shall register annually with the Secretary of the Commission on a form provided by the Commission and shall note the fact of the appointment on the biennial report form filed with the Commission.

(3) Divisions (E)(1) and (2) of this rule shall not apply to an acting judge who is appointed to serve during an emergency. Unless an acting judge registered pursuant to division (E)(2) of this rule or a visiting or retired assigned judge cannot be assigned, the emergency appointment shall last no longer than twenty-four hours or until the conclusion of the next day the court regularly is open if the appointment is made on a weekend, holiday, or other day on which the court is not open.

(4) As used in division (E)(3) of this rule, “emergency” means an event or circumstance that satisfies both of the following:

(a) The event or circumstance, including but not limited to a family illness or death, is unforeseen and requires the judge to be away from the court;

(b) An acting judge registered pursuant to division (E) of this rule is unavailable or the application for a visiting or retired assigned judge would be impracticable.

(F)(1) Upon approval by the Commission, the following attorneys may be exempted from the requirements of division (A) of this section, but shall be required to file the report required by this section:

(a) An attorney on full-time military duty who does not engage in the private practice of law in Ohio;

(b) An attorney suffering from severe, prolonged illness or disability preventing participation in accredited programs and activities for the duration of the illness or disability;

(c) An attorney who has demonstrated special circumstances unique to that attorney and constituting good cause to grant an exemption for a period not to exceed one year and subject to any prorated adjustment of the continuing legal education requirements.

(2) An attorney who, because of a permanent physical disability or other compelling reason, has difficulty attending programs or activities may request, and the Commission may grant, approval of a substitute program.

(3) A person certified to practice law temporarily pursuant to Gov. Bar R. IX or a foreign legal consultant registered pursuant to Gov. Bar R. XI shall be exempt from the requirements of this rule.

(4) The following attorneys are exempt from all requirements of this rule while in office:

(a) United States judges appointed to office for life pursuant to Article III of the United States Constitution.

(b) United States bankruptcy judges.

(c) United States magistrate judges.

(5) An attorney registered as inactive pursuant to Gov. Bar R. VI, Section 2 or as retired pursuant to former Gov. Bar R. VI, Section 3 shall be exempt from the requirements of this rule.

(G) An attorney against whom a definite or an indefinite suspension is imposed pursuant to Gov. Bar R. V shall complete one credit hour of continuing legal education for each month, or portion of a month, of the suspension. As part of the total credit hours of continuing legal education required under this division, the attorney shall complete one credit hour of the instruction related to professional conduct required by division (A)(1) of this section for each six months, or portion of six months, of the suspension.

(H)(1) Each attorney newly admitted to the practice of law or registered for corporate status under Gov. Bar R. VI, Sec. 3 shall complete and report, as required by division (B) of this section, at least twelve hours of New Lawyers Training instruction in the time frame set forth in division (3)(C)(2) of this section. The twelve credit hours of instruction shall include both the following:

(a) Three hours of instruction in professionalism, law office management, and client fund management consisting of sixty minutes of instruction on topics related to professional conduct, professional relationships, obligations of lawyers, or aspirational ideals of the profession; sixty minutes of instruction on topics related to fundamental law office management practices; sixty minutes of instruction on topics related to client fund management; and

(b) Nine hours of instruction in one or more substantive law topics that focus on handling legal matters in specific practice areas.

(2) An attorney newly admitted to the practice of law may satisfy the New Lawyers Training instruction requirement by participating in and successfully completing the Supreme Court Lawyer to Lawyer Mentoring Program, provided the attorney also completes three hours of instruction as required in division (H)(1)(a) of this section.

(3) To be approved by the Commission as a New Lawyers Training activity, the activity shall satisfy the following standards, together with any other standards as established by regulation of the Commission:

(i) The activity shall consist of live instruction in a setting physically suited to the educational activity of the program;

(ii) The activity shall be a minimum of one hour in length;

(iii) The activity shall include thorough, high-quality, written materials that emphasize and include checklists of procedures to follow, practical instructions, and forms with guidance as to how they should be completed and when they should be used.

(4) An attorney subject to the provisions of division 3(C)(2) of this section who completes and timely reports more than the number of credit hours required under division (H)(1) of this section may be awarded a maximum of twelve credit hours to the next reporting period.

(5) The Commission may award one credit hour of continuing legal education for every credit hour of New Lawyers Training education completed by an attorney not subject to division (H)(1) of this section.

Section 4. Hours and Accreditation.

(A)(1) Sixty minutes of actual instruction or other approved activity shall constitute one credit hour.

(2)(a) The Commission may allow up to three credit hours to an instructor for each credit hour taught in an approved continuing legal education program or activity the first time the program is presented by that instructor and one credit hour for each credit hour taught for subsequent presentations of the same program or activity by that instructor, with a maximum of one-half the required credit hours for teaching during the biennial reporting period.

(b) The Commission may allow one-half credit hour for each semester hour taught at a law school accredited by the American Bar Association. Prorated credit may be granted for quarter or trimester hours.

(3) The Commission may allow up to ten credit hours for the publication of an article or book personally authored by the applicant, with a maximum of ten credit hours for publications during a biennial reporting period.

(4) The Commission may allow up to six credit hours for approved self-study during a biennial reporting period.

(5) The Commission may allow three credit hours for each semester hour of a course taken at a law school accredited by the American Bar Association. Prorated credit may be granted for quarter or trimester hours.

(6) The Commission may allow one credit hour for every two credit hours of accredited mayor’s court education completed by an attorney for the purpose of serving as a mayor’s court magistrate pursuant to section 1905.05 of the Revised Code.

(B) In establishing standards for the granting of credit hours for programs or activities, the Commission shall consider all of the following:

(1) The program or activity shall have significant intellectual or practical content and the primary objective shall be to improve the participant’s professional competence as an attorney or judge.

(2) The program or activity for attorneys shall be an organized program of learning dealing with matters directly related to the practice of law, professional responsibility or ethical obligations, law office economics, or similar subjects that will promote the purposes of this rule. The program or activity for judges shall be an organized program of learning dealing with matters directly related to the law or judicial administration that will promote the purposes of Gov. Jud. R. IV.

(3) The program or activity may consist of live instruction or other methods as approved in advance by the Commission, including the use of self-study materials, and that are prepared and conducted by an individual or a group qualified by practical or academic experience.

(4) The program or activity shall be presented in a setting physically suited to the educational activity of the program.

(5) The program or activity should include thorough, high-quality written materials.

(C)(1) The Commission shall establish and publish written procedures for accreditation.

(2) The Commission may establish the term for which the accreditation of a program or activity is effective. The Commission may renew accreditation of a program or activity.

(3) The Commission shall render a decision on an application for accreditation within forty-five days after the date the Commission receives a completed application.

(4) The Commission may require prior approval of a program or activity.

(5) The Commission may accredit programs and activities of other states or national or state legal organizations.

(6) The Commission may grant reciprocal credit for courses taken in another state that are accredited under that state’s continuing legal education program.

(7) The Commission may grant automatic accreditation for programs and activities offered by established sponsors, provided that the Commission shall monitor those programs and activities.

(8) The Commission shall notify a sponsor if accreditation is not granted and explain the reasons for denial.

(9) The Commission shall maintain a calendar of accredited programs and activities, and shall make the calendar available on a regular basis.

(10) The Commission shall not accredit a program or activity, any proceeds from which are to be used to support a political party, political action committee, campaign committee of a candidate for public office, or candidate for public office.

(D) The Commission may approve continuing legal education programs or activities jointly or on a reciprocal basis with other states requiring continuing legal education.

(E)(1) The Commission shall establish procedures for evaluating programs and activities offered under this rule.

(2) Commission representatives may attend any program or activity without notice or fee to evaluate the program or activity. No credit hours shall be awarded for attendance to evaluate a program or activity.

(3) The Commission may revoke accreditation for failure to comply with the requirements of this rule, regulations adopted pursuant to this rule, or for other good cause shown. An attorney or judge who attends an accredited program or activity for which accreditation is later revoked shall receive credit provided the attendance occurred prior to notice of revocation.

Section 5. Sanctions for Failure to Comply.

(A) An attorney or judge who fails to satisfy the applicable minimum continuing legal education requirements of this rule, except for failure to complete a New Lawyers Training Program as required by Section 3(C) of this rule or Gov. Jud. R. IV, or fails to file a biennial report shall be subject to any of the following sanctions:

(1) A late filing fee or other monetary penalty;

(2) A public reprimand;

(3) Probation;

(4) Suspension from the practice of law.

(B) An attorney who is required to complete a New Lawyers Training Program as required by Section 3(C) of this rule and who, without good cause, fails to complete the Program shall be suspended from the practice of law.

(C) A sanction imposed under this section shall not be considered in the imposition of a sanction under Gov. Bar R. V, Section 8.

(D) An attorney or judge who, without good cause, fails to timely file a biennial report or fails to file a complete report may be required to pay a late filing fee of not more than five hundred dollars.

Section 6. Enforcement Procedures.

(A) An attorney or judge who fails to comply timely with the applicable requirements of this rule or Gov. Jud. R. IV, but does so on or before the thirtieth day of April of the reporting year, shall be assessed a late compliance fee as established by the Commission. The late compliance fee shall accompany the attorney’s report of completion.

(B) An attorney or judge who fails to comply with the applicable requirements of this rule or Gov. Jud. R. IV, either on a timely basis or within the late compliance period provided for by division (A) of this section, shall be notified of noncompliance by the Commission. The Commission shall send notice of noncompliance by regular mail to the attorney at the address provided by the attorney to the Office of Attorney Services. The notice shall inform the attorney that he or she will be subject to one or more of the sanctions set forth in Section 5 of this rule unless, on or before the date set forth in the notice, the attorney either comes into compliance or files evidence of compliance that is satisfactory to the Commission. If the attorney does not come into compliance or file evidence of compliance that is satisfactory to the Commission on or before the date set forth in the notice, the Commission shall issue an order imposing a sanction authorized by Section 5 of this rule and consistent with Commission regulation. Notice of the imposition of the sanction shall be sent by certified mail to the attorney at the address provided by the attorney to the Office of Attorney Services. Service of notices in accordance with this section shall be considered effective service.

Section 7. Reinstatement.

(A) An attorney or judge who is suspended under this rule may be reinstated to the practice of law by applying for reinstatement with the Commission. The application for reinstatement shall be on a form prescribed by the Commission and accompanied by evidence that the attorney or judge has satisfied the deficiency that was the cause of the suspension under this rule and a reinstatement fee of three hundred dollars and payment of all fees assessed for noncompliance with this rule.

(B) Upon receipt of a completed application for reinstatement and verification that the attorney has fulfilled the registration requirements of Gov. Bar R. VI, the Secretary shall issue an order of reinstatement and send notice of the reinstatement to the attorney and the Office of Attorney Services.

(C) Any sanction or reinstatement ordered by the Commission pursuant to this rule shall be published by the Supreme Court Reporter in the Ohio Official Reports and the Ohio State Bar Association Report. Certified copies of any sanction or reinstatement order entered by the Commission pursuant to this rule shall be sent to those persons or organizations named in Gov. Bar R. V, Section 8 (D)(1).

Section 8. Effective Date.

(A) The effective date of this rule shall be July 1, 1988, except Section 3, which is effective January 1, 1989.

(B)(1) The amendments to Section 3 of this rule, adopted by the Supreme Court of Ohio on June 28, 1989, shall be effective on July 1, 1989.

(2) The amendments to Section 6 of this rule, adopted by the Supreme Court of Ohio on November 22, 1989, shall be effective on December 15, 1989.

(3) The amendments to Section 3 of this rule, adopted by the Supreme Court of Ohio on May 8, 1990, shall be effective on May 28, 1990.

(4) The amendments to Section 3 of this rule, adopted by the Supreme Court of Ohio on July 19, 1990, shall be effective on September 1, 1990 and shall apply to definite and indefinite suspensions imposed on or after that effective date.

(5) The amendments to Sections 3 and 4 of this rule, adopted by the Supreme Court of Ohio on October 16, 1990 and December 11, 1990, shall be effective January 1, 1991 and shall apply to all programs and activities conducted on or after that effective date.

(6) The amendments to Section 2 of this rule, adopted by the Supreme Court of Ohio on February 5, 1991, shall be effective on February 18, 1991.

(7) The amendments to Section 3 of this rule, adopted by the Supreme Court of Ohio on June 4, 1991, shall take effect on September 1, 1991.

(8) The amendments to Sections 1 to 7 of this rule, adopted by the Supreme Court of Ohio on October 8, 1991, shall take effect on January 1, 1992.

(C) The amendments to this rule adopted by the Supreme Court of Ohio on December 14, 1993 shall take effect on January 1, 1994.

(D) The amendments to Section 4 of this rule, adopted by the Supreme Court of Ohio on October 12, 1994, shall take effect on January 1, 1995.

(E) The amendments to Section 3 of this rule, adopted by the Supreme Court of Ohio on July 12, 1995, shall take effect on January 1, 1996.

(F) The amendments to Section 3 of this rule, adopted by the Supreme Court of Ohio on October 20, 1997, shall take effect on January 1, 1998.

(G) The amendments to Section 3 of this rule, adopted by the Supreme Court of Ohio on September 28, 1998, shall be effective on November 1, 1998.

(H) The amendments to Section 4 of this rule, adopted by the Supreme Court of Ohio on September 21, 1999, shall take effect on January 1, 2000.

(I) The amendment to Section 2 of this rule, adopted by the Supreme Court of Ohio on April 10, 2000, shall take effect on May 8, 2000.

(J) The amendments to Sections 3 (C)(2), 3 (H), and Section 5 of this Rule, adopted by the Supreme Court of Ohio on November 28, 2000 shall be effective on July 1, 2001.

(K) The amendments to Sections 2 and 3 of this rule, adopted by the Supreme Court of Ohio on December 11, 2001, shall take effect on January 21, 2002

(L) The amendments to Section 3 (B)(2) and Section 4 (B)(1) of this rule, adopted by the Supreme Court of Ohio on April 22, 2002, shall be effective on July 1, 2002.

(M) The amendments to Section 3 (B)(2), Section 4 (A)(4) and Section 6 (C) of this rule, adopted by the Supreme Court of Ohio on July 20, 2004, shall be effective on September 1, 2004.

(N) The amendments to Section 6 (A)(1)(a) of this rule, adopted by the Supreme Court of Ohio on October 11, 2005, shall be effective on November 7, 2005.

(O) The amendments to this rule, adopted by the Supreme Court of Ohio on September 11, 2007, shall be effective on November 1, 2007, and shall apply to the 2008 reporting period and subsequent reporting periods, except that former sections 5, 6, 7, and 8 shall govern sanctions and enforcement procedures for the 2007 reporting period.

(P) The amendments to this rule adopted by the Supreme Court of Ohio on June 24, 2008, shall be effective November 1, 2008, and shall apply to attorneys admitted to the practice of law and attorneys initially registered for corporate status pursuant to Gov. Bar R. VI, Sec. 3, on or after November 1, 2008. These amendments shall not apply to attorneys registered for corporate status pursuant to Gov. Bar R. VI, Sec. 3, prior to November 1, 2008, who are subsequently admitted to the practice of law on or after November 1, 2008. Attorneys admitted to the practice of law or registered for corporate status prior to November 1, 2008, shall comply with former Sec. 3 of this rule.

[Effective: July 1, 1988 and January 1, 1989; amended effective January 1, 1989; July 1, 1989; December 15, 1989; May 28, 1990; September 1, 1990; January 1, 1991; February 18, 1991; September 1, 1991; January 1, 1992; July 1, 1992; January 1, 1994; January 1, 1995; January 1, 1996; January 1, 1998; November 1, 1998; January 1, 2000; May 8, 2000; July 1, 2001; January 21, 2002; July 1, 2002, September 1, 2004, November 7, 2005; November 1, 2007; November 1, 2008.]