Or. State. Bar. R. Regul. and Polic. Regulations to MCLE Rule 5

As amended through January 17, 2024
Rule Regulations to MCLE Rule 5 - Accreditation Standards
5.050Written Materials.
(a) For the purposes of accreditation as a group CLE activity under MCLE Rule 5.1(c), written material may be provided in an electronic or computer-based format, provided the material is available for the member to retain for future reference.
(b) Factors to be considered by the MCLE Program Manager in determining whether a group CLE activity has substantial educational value without written materials include, but are not limited to: the qualifications and experience of the program sponsor; the credentials of the program faculty; information concerning program content provided by program attendees or monitors; whether the subject matter of the program is such that comprehension and retention by members is likely without written materials; and whether accreditation previously was given for the same or substantially similar program.
5.100Category I Activities
(a) Credit for legislative service may be earned at a rate of 1.0 general credit for each week or part thereof while the legislature is in session.
(b) Members who serve as mentors in the NLMP may earn a total of 8.0 CLE credits, including 2.0 ethics credits and 6.0 general credits, upon filing of a NLMP Completion Certificate. If a member serves as a mentor for more than one new lawyer, the member may claim up to 16.0 total credits, including 4.0 ethics credits, during the three year reporting cycle. If another lawyer assists with the NLMP completion, the mentoring credits must be apportioned between lawyers in a proportionate manner agreed upon by the NLMP mentors.
(c) Upon successful completion of the NLMP, new admittees earn 6.0 general/practical skills credits, which may be applied to the MCLE requirements of their first three-year MCLE reporting period.
5.200Category II Activities.
(a) Teaching credit may be claimed at a ratio of one credit hour for each sixty minutes of actual instruction.
(b) With the exception of panel presentations, when calculating credit for teaching activities pursuant to MCLE Rule 5.6, for presentations where there are multiple presenters for one session, the number of minutes of actual instruction will be divided by the number of presenters unless notified otherwise by the presenter. Members who participate in panel presentations may receive credit for the total number of minutes of actual instruction.
(c) For the purposes of accreditation of Legal Research and Writing, all credit hours shall be deemed earned on the date of publication or issuance of the written work.
(d) One hour of credit may be claimed for each sixty minutes of research and writing, but no credit may be claimed for time spent on stylistic editing.
(e) Credit may be claimed for Legal Research and Writing that supplements an existing CLE publication. Research alone may be accredited if the applicant provides a statement from the publisher confirming that research on the existing publication revealed no need for supplementing the publication's content.
(f) Credit for Committee and Council Service pursuant to Rule 5.10. Members May claim three (3) general credits for each 12 months of committee and council service so long as the member regularly attends and participates in the work related to the functions of the committee.
(g) Service as a Bar Examiner. Three (3) credits may be claimed for writing a bar exam or local component question and three (3) credits may be claimed for grading a bar exam or local component question.
(h) Legal Ethics Service. Members may claim two ethics credits for each twelve months of service on committees and boards listed in Rule 5.9.
(i) Service as a Judge Pro Tempore. Members may claim one (1) general credits for every 2 hours of volunteer time spent on the bench as a judge pro tempore.
5.300Category III Activities.
(a) Personal Management Assistance. Credit may be claimed for programs that provide assistance with issues that could impair a lawyer's professional competence (examples include but are not limited to programs addressing burnout, procrastination, gambling or other addictions or compulsive behaviors, and other health related issues). Credit may also be claimed for programs designed to improve or enhance a lawyer's professional effectiveness and competence (examples include but are not limited to programs addressing time and stress management, career satisfaction and transition, and interpersonal/relationship skill-building).
(b) Other Volunteer Activities. Credit may be claimed 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. Credit may be claimed at a ratio of one credit hour for each two hours of uncompensated volunteer activities provided that the MCLE Program Manager determines the primary purpose of such activity is the provision of legal services or legal expertise. Such activities include but are not limited to:
(1) Providing direct pro bono representation to low-income clients referred by certified pro bono programs;
(2) Serving as a judge, evaluator, mentor or coach in any type of mock trial, moot court, congressional hearing or client legal-counseling competition, law-related class or law-related program at the high school level and above; and
(3) Teaching a legal education activity offered primarily to nonlawyers high school age and older.
(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 practices. Examples include but are not limited to courses focusing on business development approaches, strategies and techniques available to attorneys, marketing to clients seeking legal services, and website development to promote one's practice.
5.400Access to Justice. A program is eligible for accreditation as an access to justice activity even if it is limited to a discussion of substantive law, provided the substantive law relates to access to justice issues involving 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.
(a) Access to justice programming should be guided by these three principles:
(1) Promoting accessibility by eliminating systemic barriers that prevent people from understanding and exercising their rights.
(2) Ensuring fairness by delivering fair and just outcomes for all parties, including those facing financial and other disadvantages.
(3) Addressing systemic failures that lead to a lack of confidence in the justice system by creating meaningful and equitable opportunities to be heard.
(b) The presenters of access to justice and introductory access to justice programs should have the following qualifications in the topic being presented:
(1) Lived experience;
(2) Professional experience; or
(3) Substantial training.
5.500Independent Study. Members may earn credit through independent screening or viewing of audio-or video-tapes of programs originally presented to live group audiences, or through online programs designed for presentation to a wide audience. A lawyer who is licensed in a jurisdiction that allows credit for reading and successfully completing an examination about specific material may use such credits to meet the Oregon requirement. No credit will be allowed for independent reading of material selected by a member except as part of an organized and accredited group program.
5.600Child and Elder Abuse Reporting. In order to be accredited as a child abuse and elder abuse reporting activity, the one-hour session must include discussion of an Oregon attorney's requirements to report child abuse and elder abuse and the exceptions to those requirements.

Or. State. Bar. R. Regul. and Polic. Regulations to MCLE Rule 5

As amended effective 11/1/2022.