State Bar Begins Mcle Compliance Audit of 4, 700

• Jurisdiction: United States,Federal,California
• Citation: Vol. 07 No. 2013 Pg. 02
• Date: 01 July 2013
• Publication year: 2013
• Pages: 02
• Year: 2013
• topic: Business of Law,Civil Procedure

State Bar Begins MCLE Compliance Audit of 4 700 No. 2013 #02 California Bar Journal July 2013

Amy Yarbrough Staff Writer

In a matter of days, the State Bar will launch its largest-ever compliance audit for Minimum Continuing Legal Education (MCLE), taking a look at 4, 700 attorneys whose last names begin with the letters A through G to ensure they have met their requirements.

The following information and tips are designed to make the process as painless as possible for those who are audited.

On July 9, notices will be mailed to 7.5 percent of those who reported MCLE compliance this year.

Those selected will have until Aug. 23 to submit proof of compliance. Attorneys who did not complete the required 25 hours of coursework will be subject to a $75 penalty. If they still have not met the requirement by Nov. 21, they will be placed on administrative inactive status and will not be eligible to practice law. False declarations of compliance will be reported to the Office of Chief Trial Counsel for further investigation and potential discipline.

Robert McPhail, who oversees the audit, said the best course of action is to be honest, “comply as best you can with the audit” and be thorough when you submit your documents to the State Bar. You will be required to make up any missing hours to complete the audit. If you are audited, you should make every effort to provide certificates of attendance. While makeup courses are allowed, attorneys who can't prove that their original declaration of compliance was truthful could still face possible discipline.

McPhail urged lawyers to take the audit seriously, saying "We are going to use what you submit."

McPhail said attorneys seem to be getting the message since the audits began in 2011. Last year, problems came up for 13.4 percent of the 2, 600 attorneys who were audited, down from 21 percent the previous year, when 635 attorneys were chosen at random.

McPhail said that only a few lawyers have ignored their responsibilities altogether. Most have been just a bit short or missed their special topic hours. Attorneys practicing in other states have overlooked the substance abuse and elimination of bias requirements that are unique to California.

Attorneys are required to keep their certificates of attendance for one year after their reporting deadline. McPhail also recommends using the State Bar’s Personal MCLE Log to keep track of hours completed.

Want to make sure you understand the MCLE requirements and that you take the correct steps should you get audited? The following is a list of some frequently asked...