Okla. Stat. tit. 5A , app 1-B R. 7

Current through Laws 2024, c. 453.

Rule 7 - REGULATIONS

The following Regulations for Mandatory Continuing Legal Education are hereby adopted and shall remain in effect until revised or amended by the Mandatory Continuing Legal Education Commission with approval of the Board of Governors and the Oklahoma Supreme Court.

Regulation 1.

1.1. The Mandatory Continuing Legal Education Commission shall consist of eleven (11) members as provided by Supreme Court rule. The Executive Director of the Oklahoma Bar Association and the Director of Continuing Legal Education of the Oklahoma Bar Association shall be ex-officio members without vote. Nine (9) members of the Commission shall be appointed by the President of the Oklahoma Bar Association with the consent of the Board of Governors. Initially three (3) appointed members shall serve one-year terms, three (3) appointed members shall serve two-year terms, and three (3) appointed members shall serve three-year terms. Thereafter, at the expiration of the stated terms, all members shall serve three-year terms. Members shall not serve more than two successive three-year terms.

1.2. The President of the Oklahoma Bar Association shall appoint the Chairman of the Commission on Mandatory Continuing Legal Education. The Commission on Mandatory Continuing Legal Education shall elect a Vice Chairman and Secretary from among its members.

1.3. The Commission may organize itself into committees of not fewer than four (4) voting members for the purpose of considering and deciding matters submitted to them, except five (5) affirmative votes shall be necessary for any action under Rule 6 of the Rules of the Supreme Court of the State of Oklahoma for Mandatory Continuing Legal Education.

1.4. Members of the Commission shall be reimbursed for their actual direct expenses incurred in travel when authorized by the Board of Governors or the President.

1.5. Support staff as may be required shall be employed by the Executive Director of the Oklahoma Bar Association in the same manner and according to the same procedure as other employees of the Oklahoma Bar Association within the funds available in the budget approved by the Supreme Court.

1.6. As used herein "MCLEC" and the "Commission" shall mean the Mandatory Continuing Legal Education Commission. "CLE" shall mean Continuing Legal Education. "MCLE" shall mean Mandatory Continuing Legal Education. "Rules" referred to shall mean and are the Rules of the Supreme Court of the State of Oklahoma for Mandatory Continuing Legal Education.

Regulation 2.

2.1. Nonresident attorneys from other jurisdictions who are temporarily admitted to practice for a case or proceeding shall not be subject to the rules or regulations governing MCLE.

2.2. An attorney who is exempt from the MCLE requirement under Rule 2 shall endorse and claim the exemption on the annual report required by Rule 5 of said rules.

Regulation 3.

3.1. Attorneys who have a permanent physical disability which makes attendance of CLE programs inordinately difficult may file a request for a permanent substitute program in lieu of attendance and shall therein set out continuing legal education plans tailored to their specific interest and physical ability. The Commission shall review and approve or disapprove such plans on an individual basis and without delay. Rejection of any requested substitute for attendance will be reviewed by the Board of Governors of the Oklahoma Bar Association prior to any sanction being imposed.

3.2. Other requests for substituted compliance, partial waivers, or other exemptions for hardship or extenuating circumstances may be granted by the Commission upon written application of the attorney and may likewise be reviewed by the Board of Governors of the Oklahoma Bar Association. Other substitute forms of compliance may be granted for members with permanent or temporary physical disabilities (based upon a written confirmation from his or her treating physician) which makes attendance at regular approved CLE programs difficult or impossible.

3.3. Credit may be earned through teaching in an approved continuing legal education program, or for a presentation substantially complying with the standards of Regulation 4 in a program which is presented to paralegals, legal assistants, and/or law clerks. Presentations accompanied by thorough, high quality, readable, and carefully prepared written materials will qualify for CLE credit on the basis of six (6) hours of credit for each hour of presentation.

3.4. Credit may also be earned through teaching a course in an ABA accredited law school or a course in a paralegal or legal assistant program accredited by the ABA. The Commission will award six (6) hours of CLE credit for each semester hour of academic credit awarded by the academic institution for the course.

3.5. Credit may also be earned through auditing of or regular enrollment in a college of law course at an ABA or AALS approved law school. The MCLE credit allowed shall equal a sum equal to three (3) times the number of credit hours granted by the college of law for the completion of the course.

3.6 Instructional Hour. Each attorney must complete 12 instructional hours of CLE per year, with no credit for meal breaks or business meetings. An instructional hour must contain at least 50 minutes of instruction.

Legal Ethics and Professionalism CLE. Effective January 1, 2021, of the 12 required instructional hours of CLE each year, at least two hours must be for programming on Legal Ethics and Professionalism, legal malpractice prevention and/or mental health and substance use disorders.

PROGRAM GUIDELINES FOR LEGAL ETHICS AND PROFESSIONALISM CLE.

Legal Ethics and Professionalism CLE programs will address the Oklahoma Rules of Professional Conduct and tenets of the legal profession by which a lawyer demonstrates civility, honesty, integrity, fairness, competence, ethical conduct, public service, and respect for the Rule of Law, the courts, clients, other lawyers, witnesses and unrepresented parties. Legal Ethics and Professionalism CLE may also address legal malpractice prevention and mental health and substance use disorders.

Legal Malpractice Prevention programs provide training and education designed to prevent attorney malpractice. These programs focus on developing systems, processes and habits that reduce or eliminate attorney errors. The programs may cover issues like ensuring timely filings within statutory limits, meeting court deadlines, properly protecting digital client information, appropriate client communications, avoiding and resolving conflicts of interest, proper handling of client trust accounts and proper ways to terminate or withdraw from client representation.

Mental Health and Substance Use Disorders programs will address issues such as attorney wellness and the prevention, detection and/or treatment of mental health disorders and/or substance use disorders which can affect a lawyer's ability to provide competent and ethical legal services.

Programs addressing the ethical tenets of other disciplines and not specifically pertaining to legal ethics are not eligible for Legal Ethics and Professionalism CLE credit but may meet the requirements for general CLE credit.

3.7. Hours of credit in excess of the minimum annual requirement may be carried forward for credit only in the succeeding calendar year. Such hours must, however, be reported in the annual report of compliance for the year in which they were completed and in the year for which they are being claimed and must be designated as hours being carried forward.

Regulation 4.

4.1.1. The following standards will govern the approval of continuing legal education programs by the Commission.

4.1.2. The program must have significant intellectual or practical content and its primary objective must be to increase the participant's professional competence as an attorney.

4.1.3 The program must deal primarily with matters related to the practice of law, professional responsibility, legal ethics, professionalism, mental health or substance use disorders related to attorneys. Programs that address law practice management and technology, as well as programs that cross academic lines, may be considered for approval.

4.1.4. The program must be offered by a sponsor having substantial, recent, experience in offering continuing legal education or demonstrated ability to organize and present effectively 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 program.

4.1.5. The program itself must be conducted by an individual or group qualified by practical or academic experience. The program, including the named advertised participants, must be conducted substantially as planned, subject to emergency withdrawals and alterations.

4.1.6. Thorough, high quality, readable, and carefully prepared written materials must be made available to all participants at or before the time the course is presented, unless the absence of such materials is recognized as reasonable and approved by the MCLE Administrator. A mere outline without citations or explanatory notations will not be sufficient.

4.1.7. The program must be conducted in a comfortable physical setting, conducive to learning and equipped with suitable writing surfaces.

4.1.8. Approval may be given for programs where audiovisual recorded or reproduced material is used. Video programs shall qualify for CLE credit in the same manner as a live CLE program provided:

(a) the original CLE program was approved for CLE credit as provided in these regulations or the video program has been approved by the Commission under these rules, and

(b) each person attending the video program is provided written material as required in regulation 4.1.6 and

(c) each program is conducted in a location as required in regulation 4.1.7 and

(d) there are a minimum of five (5) persons enrolled and in attendance at the presentation of the video program unless viewed at the Oklahoma Bar Center or sponsored by a county bar association in Oklahoma.

4.1.9. Approval for credit may also be granted for the following types of electronic-based CLE programs:

a. Live interactive webcast seminars, webcast replay seminars, live teleconferences, teleconference replays, on-line, on-demand programs and downloadable podcasts. If approved, an attorney may earn credit for seminars provided by these various delivery methods without an annual limit.

Such programs must also meet the criteria established in the Rules of the Oklahoma Supreme Court for Mandatory Continuing Legal Education, Rule7, Regulation 4, subject to standard course approval procedures and appropriate verification from the course sponsor.

1. The target audience must be attorneys.

2. The course shall provide high quality written instructional materials. These materials may be available to be downloaded or otherwise furnished so that the attorney will have the ability to refer to such materials during and subsequent to the seminars.

3. The provider must have procedures in place to independently verify an attorney's completion of a program. Verification procedures may vary by format and by provider. An attorney affidavit attesting to the completion of a program is not by itself sufficient.

4. If an online, on demand seminar is approved, it is approved only for twelve (12) months after the approval is granted. The sponsor may submit an application to have the course considered for approval in subsequent years.

4.2. Continuing legal education programs sponsored by the following organizations are presumptively approved for credit, provided that the standards set out in the Regulations 4.1.2 through 4.1.7 are met:

American Association for Justice

* American Bankruptcy Institute

* American Bar Association and Bar Sections

* American College of Real Estate

* American Corporate Counsel Association

* American Inns of Court

American Law Institute--American Bar Association Committee on Continuing Professional Education

* American Lawyer Media, Inc.

Building Blocks, CLE

Center for American & International Law (formerly Southwestern Legal Foundation)

* Cleveland County Bar Association

* Commercial Law League of America

Defense Research Institute

* Energy Bar Association

* Executive Enterprises, Inc.

* Federal Bar Association

* Federal Deposit Insurance Corporation

* Federal Public Defender

* Garfield County Bar Association

* Garvin County Bar Association

Great American Insurance Company

* International Municipal Lawyers Association (formerly NIMLO)

* Kingfisher County Bar Association

* Law Seminars International, Inc.

* Legal Aid Services of Oklahoma, Inc.

* Mayes County Bar Association

* Mealey Publications

* Mediation Institute

* Muskogee County Bar Association

* National Association of Attorneys General

* National Association of College and University Attorneys

* National Association of Criminal Defense Lawyers

* National Association of Railroad Trial Counsel

* NBI, Inc.

National Constitution Center Conferences

National District Attorneys Association

* National Employment Law Institute

National Institute of Trial Advocacy

* National Legal Aid and Defender Association

New York University School of Continuing and Professional Studies

Northwestern University School of Law

* Office of the Oklahoma Attorney General

* Oklahoma Association of Defense Counsel

* Oklahoma Association of Municipal Attorneys

* Oklahoma Baptist University Bench and Bar Association

Oklahoma Bar Association

* Oklahoma City Commercial Lawyers Association

* Oklahoma City Mineral Lawyers Society

* Oklahoma City Real Property Lawyers Association

Oklahoma City University Law School

Oklahoma County Bar Association

Oklahoma County Criminal Defense Lawyers Association

Oklahoma County Public Defenders Office

* Oklahoma Criminal Defense Lawyer's Association

Oklahoma District Attorneys Council

Oklahoma Health Lawyers Association

* Oklahoma Municipal Judges Association

Oklahoma Planned Giving Council

Oklahoma State University Farm Tax Institute

Oklahoma Trial Lawyers Association

* Patent Resources Group, Inc.

Practicing Law Institute

* Professional Education Systems, Inc.

Rocky Mountain Mineral Law Foundation

* SEC Institute, Inc.

* South Oklahoma City Lawyers Association

South Texas College Of Law Continuing Legal Education

* State Bar of Texas

Strafford Publications

* Tax Forum

* Thomson West

TRI, Inc.Tulsa County Bar Association

* Tulsa Estate Planning Forum

* Tulsa Pension Attorneys

* Tulsa Tax Club

* Tulsa Title and Probate Lawyers Association

* U.S. Air Force - Judge Advocate General School

* U.S. Army - Judge Advocate General School

* U.S. Department of Justice - Office of Legal Education

University of Houston Law Foundation

University of Oklahoma College of Law

University of Tulsa College of Law

* Washington County Bar Association

WealthCounsel, LLC

* WestLegalEducationCenter

Woodward County Bar Association

Yale Law School

Young Lawyers Division of the Oklahoma Bar Association

All other county bar associations in Oklahoma presenting seminars or programs that are co-sponsored by an organization that has presumptive approval as a CLE sponsor.

* Added since the rules were approved by the Supreme Court January 17,1986.

4.3. Approved seminars may be advertised in informational brochures and program materials provided by the sponsoring body. Organizations listed in Regulation 4.2 whose programs are presumptively approved shall give adequate notice that a program or seminar it conducts is not approved for MCLE credit in the event the program or seminar does not meet the standards set forth in Regulations 4.1.1 through 4.1.7.

4.4. The Commission may at any time re-evaluate and grant or revoke presumptive approval of a sponsor.

4.5. Any organization not included in Regulation 4.2 above, desiring approval of a course or program shall apply to the Commission by submitting an application on a form to be obtained from the Commission and supporting documentation at least forty-five (45) days prior to the date for which the course or program is scheduled. The Commission will advise the applicant in writing by mail within ten (10) days of the receipt of the completed application whether the program is approved or disapproved. Applicants denied approval of a program may appeal such a decision by submitting a letter of appeal to the Commission within fifteen (15) days of the receipt of the notice of disapproval.

4.6. An attorney desiring approval of a course or program which has not otherwise been approved shall apply to the Commission by submitting an application on a form to be obtained from the Commission and supporting documentation as follows:

(a) If approval is requested before the course or program is presented the application and supporting documentation shall be submitted at least forty-five (45) days prior to the date for which the course or program is scheduled.

(b) If approval is requested after the applicant has attended a course or program the application and supporting documentation shall be submitted within ninety (90) days after the date the course or program was presented or prior to the end of the calendar year in which the course or program was presented, whichever is earlier.

The Commission will advise the applicant in writing by mail within ten (10) days of the receipt of the completed application whether the program is approved or disapproved. Applicants denied approval of a program may appeal such a decision by submitting a letter of appeal to the Commission within fifteen (15) days of the receipt of the notice of disapproval.

4.7. The sponsor of an approved continuing legal education program may announce or indicate as follows:

This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for ________ hours of CLE credit, including _______ hours of legal ethics credit.

4.8. As soon as practicable, but in any event on or before the earlier of (1) thirty (30) days following an approved legal education program or (2) January 10 of the succeeding year, the sponsor shall furnish to the Commission such attendance information in such format as the Commission shall direct.

Regulation 5.

On or before February 15th of each year, every active member, of the Oklahoma Bar Association shall submit a report in a form as the Commission shall provide concerning such attorney's completion of, exemption from or approved substitute for the minimum hours of instruction, including reference to hours earned during the preceding year and hours to be carried forward to the next year.

Regulation 6.

Sponsors of the seminars or courses qualifying for Mandatory Continuing Legal Education credits shall keep records of attendance for a period of two (2) years following the date of the course or seminar. Publisher's note: The desk of the Supreme Court has informed us that Regulations 3.3, 4.2 were amended in 1991.

Okla. Stat. tit. 5A , app 1-B R. 7

Adopted by order of Jan. 17, 1986, eff. 3/1/1986; Amended by Orders of October 29, 1987; Amended by Orders of October 28, 1988; Regulations 3.3, 4.2 amended 1991; Regulation 7 deleted 1994; Amended by order of the Supreme Court, S.C.B.D. No. 3319, June 13, 2002; Amended by Orders of March 13, 2002. Amended by order of the Supreme Court, 2014 OK 26, eff. 1/1/2015. Amended by order of the Supreme Court, 2018 OK 79, eff. 1/1/2019. Amended by order of the Supreme Court, 2020 OK 1, eff. 1/1/2021.