MCLE Annual Compliance–General Information and FAQs

MCLE Regulation 108 requires attorneys to complete the annual CLE requirement by October 31 and report all attendance credits by close of business, 4:45 PM ET December 15. The December 15 reporting deadline applies to all attorneys with a CLE requirement and to all courses attended or taught in the previous CLE period.

Each November the MCLE Form 1 End of Year Report is made available to attorneys in the member portal. The report should be reviewed to confirm that all courses attended in the prior period have been reported and that your MCLE requirement is complete. Instructions for reporting non-approved or pending courses are also provided. A blank form is always available online and in the VSB Portal.

Beginning November 1, 2019, each active member of the Virginia State Bar shall certify whether they have attended, within the past three (3) years, at least one (1) credit hour of lawyer well-being education related to the practice of law. Failure to comply with this rule shall not subject the member to the penalties of Paragraph 13.2 of these rules. See  Rule 17(C)(4).

If you have additional questions about MCLE requirements, please contact the MCLE department at (804) 775-0577 or [email protected].

Completing Hours for MCLE Compliance – FAQs

How many hours must be completed each year?

All Active and Emeritus attorneys must complete a minimum of 12.0 hours of CLE out of which 2.0 hours must be ethics/professionalism credit and 4.0 hours must be live credit. Attorneys licensed under Rules of the Supreme Court of Virginia Part 1A, Rule 1A:5 Part 1 are considered Active attorneys and must complete the annual MCLE requirement.

I took more than 12.0 hours. Should I report them?

Yes, all credits should be reported promptly and no later than December 15. Hours earned in excess of the minimum 12.0-hour requirement will carry forward to the next CLE period. A maximum of 12.0 hours including 2.0 ethics hours and 4.0 live hours will carry over to the next year.

I am not an Active or Emeritus attorney. Do I have a CLE requirement?

No, but you are welcome to take and report CLE to your record.

Can I be administratively suspended for failing to certify attendance at well-being programs?

No, Rule 17(C)(4) states that attorneys who do not certify attendance at well-being programs are not subject to the penalties in Rule 13.2.

I attended a course that is pending approval and it’s almost October 31. How do I count this toward my requirement?

Follow the reporting procedures detailed in the next section for reporting a pending course to your record. Do not rely on credit from pending programs for your compliance. Complete approved courses to ensure your requirement is fulfilled by October 31.

What do I do if my certificate of attendance reflects the date I requested the certificate, not the date I completed the program?

Always follow the CLE provider’s instructions for requesting your certificate of attendance to avoid any confusion or noncompliance with your CLE requirement. If you believe your form includes incorrect information, contact the course provider directly.

I experienced technical difficulty while attending a program and had to complete it after October 31. Will I be assessed the noncompliance fee?

Yes, all hours must be completed by 11:59 p.m. ET October 31 to meet the course completion deadline.

I attended a course which was advertised with incorrect approval information and now I am behind on my requirement. Will I be assessed the noncompliance fee?

The noncompliance fee is assessed for failure to complete the MCLE requirement by October 31. The MCLE department is not responsible for the content advertised on CLE sponsor websites especially for courses pending approval. If you are completing courses close to the deadline and have any questions or concerns about whether a program will meet your requirement, contact the MCLE department directly to confirm course approval information.

I attended a course and the sponsor is not going to apply for credit on behalf of Virginia attorneys. What do I do?

You may submit an Attorney Application for CLE Course Approval Form 4 to seek credit for the course. However, you should complete approved programs close to the October 31 course completion deadline to ensure your requirement is met because there is no guarantee that a course will be approved for the hours you need. By completing and reporting approved courses, you meet your requirement timely and put yourself in a position to accrue carryover credit from other courses that you’ve attended.

May I seek relief from my MCLE obligations under the Servicemembers Civil Relief Act (SCRA)?

Yes, active duty lawyers stationed outside of Virginia in a combat zone may seek relief under the SCRA for MCLE obligations by providing a copy of their orders to the VSB. Please contact the MCLE Department at (804) 775-0577 or [email protected] for specific requirements. (50 U.S.C. App. §§501-596, Public Law 108-189)

Certifying Hours During Compliance – FAQs

How do I add a course to my record after October 31?

Option 1: Report the course directly to your record using the online certification system which is open until 4:45 p.m. ET December 15. Certificates for courses that cannot be reported online should be attached to the MCLE Form 1 End of Year Report and mailed or emailed to the MCLE department.

Option 2: Attach completed and signed certificates of attendance to your MCLE Form 1 End of Year Report and mail your paperwork to the MCLE department for processing. Be sure to allow sufficient lead time or use an express mail service close to MCLE deadlines. Check your online record to ensure receipt and proper posting of your submission.

What action do I take when I receive the MCLE Form 1 End of Year Report?

Always review your online record for the most up-to-date information first. If your online record displays all courses completed during the CLE period and the information is accurate, simply keep the Form 1 for your records. Forms do not need to be returned to our office if you do not have any changes to make to your record.

If any information is inaccurate or missing, make corrections or report additional courses via the Form 1.

I am Virginia Corporate Counsel but work remotely, so I may not receive my Form 1 and/or 60-Day Notice of Impending Suspension. What do I do?

The MCLE Form 1 End of Year Report is added to the member portal each November. It is also sent by email to attorneys who have not reported the required hours by November 1. The 60-Day Notice of Impending Suspension is mailed in January and must be mailed to the attorney’s address of record. If you are at risk for suspension, you may need to coordinate with your office to ensure you receive the physical form.

What if I attended a course but I don’t have the certificate of attendance?

Use the MCLE Form 1 End of Year Report to report any course pending approval. If the sponsor provided a certificate of attendance, attach it to the Form 1, too. If you do not have a certificate, write all course information on the front of the Form 1 and return to the MCLE department. Forms must be received by 4:45 p.m. ET December 15.

I attended a course which is pending approval in Virginia. How do I report this to my record?

Use the MCLE Form 1 End of Year Report to report any course pending approval. If the sponsor provided a certificate of attendance, attach it to the Form 1, too. If you do not have a certificate, write all course information on the front of the Form 1 and return to the MCLE department. Forms must be received by 4:45 p.m. ET December 15.

I’ve met my annual requirement, but I’ve attended and/or taught courses currently pending approval. Do I need to use the Form 1 to report this information?

Yes. The reporting deadline applies to all attorneys and for all hours completed or taught in the previous CLE period. The $100 late filing fee will be required to report courses after December 15 even if you are compliant with the MCLE requirement.

All of my courses are listed, but I’ve reported an incorrect date or number of credit hours. How do I correct this?

Use the Form 1 to make corrections to your CLE record. Attach certificate(s) of attendance for any course(s) you needed corrected on your record. Form 1s with corrections must be received by 4:45 p.m. ET December 15.

I’ve completed approved programs, but the sponsor indicated it may be several days or weeks before I am able to receive my certificate. How do I report these hours?

Use the Form 1 to report your attendance at any approved program that cannot be reported directly to your record online. Write all course information on the front of the report and return it to our office to be received no later than 4:45 p.m. ET December 15.

How do I reinstate from an MCLE administrative suspension?

If your license is suspended for not completing the MCLE requirement and/or failing to pay MCLE delinquency fees you will need to do the following.

  1. Pay any outstanding MCLE delinquency fees and the MCLE Reinstatement fee. Attorneys who have previously received administrative suspensions for MCLE noncompliance will also be assessed a $50 Additional Reinstatement fee for each prior suspension (not to exceed $500).
  2. Report any remaining CLE hours to fulfill the requirement. Once all hours are reported and fees are paid, your license will be reinstated.

Once all hours are reported and fees are paid, your license will be reinstated.

MCLE FAQs for Newly Admitted Attorneys

What is the MCLE reporting period?

The MCLE reporting period runs from November 1 to October 31. Deadlines are posted year round on the main MCLE page and on the MCLE Records tab in the member portal.

When do I begin to report?

Attorneys are exempt from the MCLE requirement for the period in which they are first admitted. Hours earned during the exemption period can be reported to your CLE record and the hours will carry forward to the next completion period. A maximum of 12.0 hours including 2.0 ethics hours and 4.0 live hours may be carried forward.

How do I report attendance at courses?

CLE providers will issue a Certificate of Attendance Form 2 upon completion of an approved program. Certify your attendance online at the VSB Portal or mail certificates to the MCLE office. If a sponsor does not supply the certificate, you should contact the MCLE department to confirm that the program is approved and to receive further instructions. Attorneys are encouraged to certify attendance as soon as possible and well before the December 15 reporting deadline.

Do I earn credit for the Harry Carrico Professionalism Course?

Yes, the course is currently approved for 5.0 hours of CLE which includes 5.0 ethics hours and 5.0 live hours. Please contact the Bar Programs & Engagement department for all other questions about this program: [email protected].