Rule Five - Accreditation Standards for Category I Activities5.1Group CLE Activities. Group CLE activities shall satisfy the following: (a) The activity must be offered by a sponsor having substantial, recent experience in offering continuing legal education or by a sponsor that can demonstrate ability to organize and effectively present continuing legal education. Demonstrated ability arises partly from the extent to which individuals with legal training or educational experience are involved in the planning, instruction, and supervision of the activity; and(b) The activity must be primarily intended for presentation to multiple participants, including but not limited to live programs, video and audio presentations (including original programming and replays of accredited programs), satellite broadcasts and on-line programs; and(c) The activity must include the use of thorough, high-quality written materials, unless the MCLE Program Manager determines that the activity has substantial educational value without written materials.(d) The activity must have no attendance restrictions based on age, culture, disability, ethnicity, gender and gender identity or expression, geographic location, national origin, race, religion, sex, sexual orientation, veteran status, socioeconomic status, immigration status, marital, parental or military status or other classification protected by law, except as may be permitted upon application from a provider or member, where attendance is restricted due to applicable state or federal law. 5.2Attending Classes.(a) Attending a class at an ABA or AALS accredited law school may be accredited as a CLE activity.(b) Attending other classes may also be accredited as a CLE activity, provided the activity satisfies the following criteria:(1) The MCLE Program Manager determines that the content of the activity is in compliance with other MCLE accreditation standards; and (2) The class is a graduate-level course offered by a university; and(3) The university is accredited by an accrediting body recognized by the U.S. Department of Education for the accreditation of institutions of postsecondary education.5.3Legislative Service. General credit hours may be earned for service as a member of the Oregon Legislative Assembly while it is in session.5.4Participation in New Lawyer Mentoring Program. New admittee NLMP participants and NLMP mentors may earn MCLE credit for participation in the NLMP.5.5Other Professionals. Notwithstanding the requirements of Rules 5.15, participation in an educational activity offered primarily to or by other professions or occupations may be accredited as a CLE activity if the MCLE Program Manager determines that the content of the activity is in compliance with other MCLE accreditation standards. The MCLE Program Manager may accredit the activity for fewer than the actual activity hours if the MCLE Program Manager determines that the subject matter is not sufficient to justify full accreditation.Accreditation Standards for Category II Activities
5.6 Teaching Activities.(a) Teaching credit may be claimed for teaching accredited continuing legal education activities or for courses in ABA or AALS accredited law schools.(b) Credit may be claimed for teaching other courses, provided the activity satisfies the following criteria: (1) The MCLE Program Manager determines that the content of the activity is in compliance with other MCLE content standards; and(2) The course is a graduate-level course offered by a university; and(3) The university is accredited by an accrediting body recognized by the U.S. Department of Education for the accreditation of institutions of postsecondary education.(c) Credit may not be claimed by an active member whose primary employment is as a full-time or part-time law teacher, but may be claimed by an active member who teaches on a part-time basis in addition to the member's primary employment.(d) No credit may be claimed for repeat presentations of previously accredited courses unless the presentation involves a substantial update of previously presented material, as determined by the MCLE Program Manager. 5.7Legal Research and Writing.(1) Credit for legal research and writing activities, including the preparation of written materials for use in a teaching activity may be claimed provided the activity satisfies the following criteria:(a) It deals primarily with one or more of the types of issues for which group CLE activities can be accredited as described in Rule 5.13; and (b) It has been published in the form of articles, CLE course materials, chapters, or books, or issued as a final product of the Legal Ethics Committee or a final instruction of the Uniform Civil Jury Instructions Committee or the Uniform Criminal Jury Instructions Committee, personally authored or edited in whole or in substantial part, by the applicant; and (c) It contributes substantially to the legal education of the applicant and other attorneys; and (d) It is not done in the regular course of the active member's primary employment.(2) The number of credit hours shall be determined by the MCLE Program Manager, based on the contribution of the written materials to the professional competency of the applicant and other attorneys.5.8Service as a Bar Examiner. Credit may be claimed for service as a bar examiner for Oregon, provided that the service includes personally writing or grading a question for the Oregon bar exam during the reporting period.5.9Legal Ethics Service. Credit may be claimed for serving on the Oregon State Bar Legal Ethics Committee, Client Security Fund Committee, Commission on Judicial Fitness & Disability, Oregon Judicial Conference Judicial Conduct Committee, State Professional Responsibility Board, and Disciplinary Board or serving as volunteer bar counsel or volunteer counsel to an accused in Oregon disciplinary proceedings.5.10Credit for Committee and Council Service. Credit may be claimed for serving on committees that are responsible for drafting court rules or jury instructions that are designed to aid the judicial system and improve the judicial process. Examples include service on the Oregon State Bar Uniform Civil Jury Instructions Committee, Uniform Criminal Jury Instructions Committee, Oregon Council on Court Procedures, Uniform Trial Court Rules Committee, and the District of Oregon Local Rules Advisory Committee.5.11Service as a Judge Pro Tempore. Credit may be claimed for volunteer service as a judge pro tempore.Accreditation Standards for Category III Activities
5.12Credit for Other Activities.(a)Personal Management Assistance. Credit may be claimed for activities that deal with personal selfimprovement, provided the MCLE Program Manager determines the self-improvement relates to professional competence as a lawyer. (b)Other Volunteer Activities. Credit for volunteer activities for which accreditation is not available pursuant to Rules 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, or 5.11 may be claimed provided the MCLE Program Manager determines the primary purpose of such activities is the provision of legal services or legal expertise.(c)Business Development and Marketing Activities. Credit may be claimed for courses devoted to business development and marketing that are specifically tailored to the delivery or marketing of legal services and focus on use of the discussed techniques and strategies in law practice.Activity Content Standards
5.13Group and Teaching CLE Activities(a) The activity must have significant intellectual or practical content with the primary objective of increasing the participant's professional competence as a lawyer; and(b) The activity must deal primarily with substantive legal issues, legal skills, practice issues, or legal ethics and professionalism, or access to justice. 5.14Ethics, Child and Elder Abuse Reporting, Mental Health and Substance Use Education, and Access to Justice.(a) In order to be accredited as an activity in legal ethics under Rule 3.2(b), an activity shall be devoted to the study of judicial or legal ethics or professionalism, and shall include discussion of applicable judicial conduct codes, rules of professional conduct, or statements of professionalism.(b) Child and elder abuse reporting programs must be devoted to the lawyer's statutory duty to report child abuse and elder abuse (see ORS 9.114).(c) In order to be accredited as a mental health and substance use education credit under Rule 3.2(d), and activity shall educate attorneys about causes, detection, response, treatment, or problem prevention related to mental health or substance use.(d) In order to be accredited as an activity pertaining to access to justice for purposes of Rule 3.2(e), an activity shall be directly related to the practice of law and designed to educate attorneys to identify and eliminate from the legal profession, from the provision of legal services, and from the practice of law barriers to access to justice arising from biases against persons because of age, culture, disability, ethnicity, gender and gender identity or expression, geographic location, national origin, race, religion, sex, sexual orientation, veteran status, immigration status, and socioeconomic status.(e) Portions of activities may be accredited for purposes of satisfying the ethics and access to justice requirements of Rule 3.2, if the applicable content of the activity is clearly defined.Teaching Activity Content Standards
5.15Other Professionals. Notwithstanding the requirements of Rules 5.6 and 5.13, credit may be claimed for teaching an educational activity offered primarily to other professions or occupations if the MCLE Program Manager determines that the content of the activity is in compliance with other MCLE accreditation standards and the applicant establishes to the MCLE Program Manager's satisfaction that the teaching activity contributed to the presenter's professional competence as a lawyer.Unaccredited Activities
5.16Unaccredited Activities. The following activities shall not be accredited: (a) Activities that would be characterized as dealing primarily with personal self-improvement unrelated to professional competence as a lawyer; and(b) Activities designed primarily to sell services or equipment; and(c) Video or audio presentations of a CLE activity originally conducted more than three years prior to the date viewed or heard by the member seeking credit, unless it can be shown by the member that the activity has current educational value.(d) Repeat live, video or audio presentations of a CLE activity for which the active member has already obtained MCLE credit.Or. State. Bar. R. Regul. and Polic. Five
As amended effective 11/1/2022.