What is Continuing Legal Education?
The legal field is not static; it is a world of constant evolution. This ever-changing nature of the practice necessitates that legal professionals maintain their knowledge base on recent developments in laws, systems, trends, and practices. The method by which they stay abreast of these developments is a process known as Continuing Legal Education ("CLE") or professional development. The concept of CLE revolves around the idea that superior legal service to clients and society can only be provided when lawyers continue to learn long after their formal education has ended. Staying updated with changes in laws and trends is important enough to require mandatory compliance , according to many jurisdictions, jurisdictions that require lawyers and judges to complete a specified number of credit hours (CLET) every year, plus specific subjects in order to maintain their licenses to practice law. Continuing legal education encompasses several form of training such as self-study, participation in group courses, webinars, and attendance at conferences. The primary thing to be imparted through this education is the importance of being aware of the laws and legal precedents that govern a particular area of law and how important it is to be updated on them as they change.
Overview of Tennessee Continuing Legal Education Requirements
Tennessee has specific educational requirements that attorneys must meet every year. These requirements include an annual credit hour quota and some exemptions.
The annual the Tennessee Bar Association supplies an ample number of CLE programs or courses throughout the state, as well as broadcast courses via telephone and the internet. The Tennessee Commission on Continuing Legal Education (CLE) works with the Bar to ensure that attorneys have access to required programs and courses. All publicly funded programs in the state are free and qualified for CLE credit; however, non-public programs may charge a registration fee.
All attorneys in Tennessee are required to pay an annual license tax fee to the Board of Professional Responsibility (BPR) in order to be granted Bar membership, and this fee also provides a CLE credit. Newly admitted attorneys may rely on a combination of the Tennessee Bar Association Annual Convention and any other Continuing Legal Education programs in the state to qualify for CLE credits in their first year. In the following two years, attorneys must complete at least one each per year of the ten individual courses, and at least 1 hour of ethics and professionalism.
In Tennessee, attorneys receive continuing legal education credits for attending programs and courses that have been approved by the CLE Commission. The pace at which attorneys may earn credits is unlimited, meaning they can start earning credits anytime and there is no limit on the amount of credits a single course can grant. Attorneys can also participate in Independent Study programs or programs that have been pre-approved by the CLE Commission.
Attorneys in Tennessee must complete a minimum of 15 hours of CLE each year. Of these 15 hours, 3 must be in legal ethics. The CLE "year" runs from October 1 to September 30 and every attorney in the state falls under this deadline. Newly admitted attorneys do not have to worry about obtaining the necessary hours until their second year of being licensed. Not going the full 15 hours does not affect a new attorney’s eligibility for bar membership.
Acceptable Instructional Activities
The Tennessee Board of Professional Responsibility has established guidelines for accreditations in the following areas:
(a) legal education seminars and related programs, which shall include, but not be limited to, audio or video tapes of such seminars that have been previously approved;
(b) writing published in books or articles that are reviewed, peer reporting, or other similar processes;
(c) teaching and panel discussions, including preparation therefor;
(d) attendance of a candidate at meetings, conventions, or conferences, or attendance at any portion thereof, at which meetings, conventions or conferences presentations are made regarding legal subjects shall qualify as follows:
(i) attendance at a portion (single or collective) of not less than six hours of such approved presentations within a single calendar day, taking and retaining detailed notes thereon, shall qualify the candidate for six hours of continuing legal education credit;
(ii) attendance at a portion (single or collective) of not less than three hours of such approved presentations within a single calendar day, taking and retaining detailed notes thereon, shall qualify the candidate for three hours of continuing legal education credit; and
(iii) attendance at a portion (single or collective) of not less than one hour of such approved presentations within a single calendar day, taking and retaining detailed notes thereon, shall qualify the candidate for one hour of continuing legal education credit;
(e) accredited (Tennessee Supreme Court Commission on Continuing Legal Education accredited) legal education activities presented by organizations. An organization may submit a program for pre-approval (for an up front $25 review fee) or for post approval (subject to a $50 review fee).
Exemptions and Extensions
There are a limited number of exemptions to the CLE requirements. Members of the Tennessee General Assembly are exempt. Attorneys serving as judges, district attorneys, public defenders or on active military duty are also exempt. Full-time classroom faculty members at accredited law schools in Tennessee may also be exempt. Tennessee Supreme Court justices and all judges are exempt from the CLE requirements for the year in which they take the bench or go on senior status. Senior judges serving under Rule 14 are also exempt from those requirements. (Supreme Court Rule 19(8)(d)) In addition, attorneys who have been licensed in another state or country with a continuing legal education requirement equivalent to Tennessee’s may petition to have their credits earned in that jurisdiction transferred to Tennessee . In order to qualify for this exception, out-of-state CLE must have been completed after January 1, 1997, and the attorney must earn the rest of his or her required CLE credits in person. (Supreme Court Rule 19(13)) Attorneys employed as full-time legal counsel by State of Tennessee agencies may earn their CLE credits during business hours in the regular course of their employment (Rule 18(3)(d)). However, those attorneys should not expect to be compensated for any time needed to attend CLE seminars. The agencies will not reimburse for travel costs or expenses related to the seminar. Extensions may be granted for special circumstances or illness. In this situation, the attorney must apply to the Board of Professional Responsibility, which will either approve or deny the request. (Supreme Court Rule 19(19))
Reporting and Compliance
The reporting process for CLE credits in Tennessee is fairly straightforward, but it is something that must not be overlooked. Currently there are two approved methods for compliance: using the Tennessee-Approved Software (currently called ABA Journal’s CLE Manager), or by self-reporting and submitting a signed application. The first option uses the Tennessee-Approved Software to track and enter the courses you have attended, your prior CLE compliance history, and pay the $160.00 CLE annual fee. Your CLE will be automatically updated as you take courses through our attendance verification software. The second option does not require CLE Manager and can be used if you choose to self-report and submit a signed application. Once your CLE credits are updated, you are finished until the next annual deadline.
In some cases, compliance is automatically confirmed for you. On occasion, verification of a course may be delayed for reasons such as incomplete or incorrect attendance record cards, lack of attendance verification certificate, missing request for pre-approval, no course evaluation, or an inaccurate date. In these cases, it is the responsibility of the attorney to provide the missing information to the CLE Commission. Failure to do so within 30 days of being contacted by the Commission’s office may extend the attorney’s three-year compliance period until all required hours and ethics are completed, or until waiver is approved.
In the event an attorney has been granted compliance extension due to unforeseen circumstances, the attorney will be able to immediately purchase any missing hours on CLE Manager. If an attorney fails to complete the 12.5 hour requirement by the end of the extension period, disciplinary action will be taken. That means that the attorney will be prohibited from practicing law in Tennessee until all hours are made up and compliance is fulfilled.
Tennessee CLE FAQs
Can a program last more than one hour? What if I’ve taken too many workshops in a row and I need a break? Every CLE program must last at least 60 minutes. That hour can include a break or breaks, but the overall content must be at least an hour. You can request a short break if you’ve taken several workshops in a row. Your request will be honored as long as you remain on track to complete your required program hours by the required deadline.
What if I need to take a workshop that is not approved for CLE credit in Tennessee? Serious consideration will be given to these special requests. The request must be made in advance and must establish that taking the offered workshop as it is will enhance your professional development; that there is no equivalent CLE program in Tennessee; and why the workshop for which the request is made cannot be modified to qualify for credit in Tennessee. Documentation of prior CLE compliance and a Verification of Attendance Form for the workshop for which the waiver is requested must accompany the request. The request must be made on CLE forms available on the Board’s website. There are no CLE carry over credits available from any period other than a regular compliance period. Please keep in mind that the Board may consider all of the facts of a special request and grant or deny it in whole or in part.
Is there any way to negotiate the total number of hours I must complete each compliance period? The most beneficial way to avoid last minute problems with your CLE compliance is to consider CLE just as you do your other professional responsibilities. Set an annual CLE goal for yourself each year of the compliance cycle , plan your program attendance accordingly, and pay close attention to your progress. Nothing ruins a vacation or holiday more than waiting until the last possible moment to accomplish anything and CLE is no different.
How do I prove that I’ve met my CLE requirement? After you’ve completed your CLE programming in the reporting period, your attendance will automatically be transmitted to the Board of Professional Responsibility as long as your provider is an accredited CLE provider and you’ve listed your TBA membership number, Board of Professional Responsibility attorney registration number and your date of birth on each of your CLE Verification of Attendance Forms. The compliance report from the provider will show your name, the location and date(s) of the CLE programs, the number of credit hours, and your TBA membership number.
What if I have any questions when I file my compliance report? All questions pertaining to attorney registration and CLE compliance should be directed to the Board of Professional Responsibility’s toll-free phone number at (888) 875-5101.