204 Pa. Code § 5

Current through Register Vol. 54, No. 45, November 9, 2024
Section 5 - Credit for CLE Activities
(a)General Standards.
1. Credit will be given only for completion of CLE activities which are accredited by the Board.
2. One (1) hour of credit will be awarded for each sixty (60) minutes of instruction, not including introductory remarks, keynote speeches, luncheon speeches or breaks, but including question-and-answer periods.
3. No provider shall schedule a class for less than sixty (60) minutes, but one-half hour credit shall be awarded for attendance of at least thirty (30) minutes but less than sixty (60) minutes beyond the initial sixty (60) minutes.
4. Courses offered by an accredited continuing legal education provider shall be presumed to be accredited for the amount of time designated by the provider.
5. Courses offered by a provider which is not an accredited continuing legal education provider but which otherwise comply with the rules and these regulations shall be submitted to the Board pursuant to Section 12 of these regulations for review and may be given such credit, if any, as the Board deems appropriate.
6. If a course does not bear entirely on any of the subjects of:
(i) substantive law, practice and procedure,
(ii) lawyer ethics and the rules of professional conduct,
(iii) professionalism,
(iv) substance abuse as it affects lawyers and the practice of law or the method of presenting the course is below minimum standards, the Board may determine that such course is entitled to no credit or may assign such partial credit as it deems appropriate.
(b)Teaching Activity. The Board may assign credit to teaching activities involving courses accredited under the rules and these regulations upon written application describing the teaching activity. The Board will provide forms to be submitted for the approval of teaching credits. Credit for teaching activities will be given on the basis of two hours credit for each hour of presentation where the applicant has prepared quality written materials for use in the presentation. Credit for repeat presentations or presentations without such materials will be given only for the actual time of presentation.
(c)Carry Forward Credits. A lawyer may carry forward a balance of credit hours in excess of the current annual CLE requirement for the next two (2) succeeding years. No more than two (2) times the current annual CLE requirement may be carried forward into the two (2) succeeding years. CLE credits for ethics, professionalism or substance abuse may be applied as provided in Section 3(d). Distance Learning credits may be applied as provided in Section 13(n). Pro bono credits may be applied as provided in Section 13(o).
(d)In-House Activities. In-house activities will not be approved for CLE credit.
(e)Satellite Seminars and Electronic Presentations. Seminars viewed at remote sites by electronic transmission will receive credit if a moderator is present or available by a telecommunication facility. The Board may approve CLE courses consisting solely of television viewing in the home, correspondence work or self study to accommodate the needs of the handicapped or incapacitated.
(f)Law School Courses. Law school courses may qualify for CLE credit, computed in accordance with these standards, provided that:

1.They would otherwise qualify for credit under the rules and these regulations.

2.They [law school courses] are not required in order to qualify for the awarding of a basic law degree. Courses offered towards graduate or advance degrees may receive credit, upon submission of appropriate documentation to the Board. One (1) hour of CLE credit may be given for each approved graduate credit hour awarded by the law school.

3.The law school offering the course is a law school accredited by the American Bar Association.

(g)Continuing legal education activities conducted by a provider which has not been Accredited by the Board.

All CLE activities conducted by a provider which has not been accredited by the Board must be individually approved by the Board for credit. A lawyer or non-accredited provider must request approval for such continuing legal education activity under Section 12 of these regulations.

(h)Self study. Self study will not be approved for credit.
(i)CLE for Pro Bono.
1. The CLE Board may allow one (1) CLE credit hour for every (5) hours of pro bono legal service performed, up to a maximum of three (3) credit hours per compliance period.
2. Organizations eligible for accreditation as a Pro Bono CLE Provider:
a. An organization that receives funding from the Pennsylvania Legal Aid Network (PLAN) or the Pennsylvania Interest on Lawyers Trust Accounts Board (IOLTA).
b. A non-profit organization with a partnership or referral relationship with PLAN or IOLTA or project that receives funding.

204 Pa. Code § 5

The provisions of this Section 5 amended March 8, 1996, effective 3/9/1996, 26 Pa.B. 984; amended May 3, 1996, effective 5/4/1996, 26 Pa.B. 2096; amended February 20, 2001, effective 3/1/2001, 31 Pa.B. 1319; amended May 28, 2002, effective immediately, 32 Pa.B. 2864; amended January 31, 2022, effective immediately, 52 Pa.B. 964.