Seeking Credit for CLE Programs in Virginia

MCLE rules require all CLE programs to be applied for and reviewed prior to approval. Virginia does not have reciprocity with any other state so an approval of a course in one or more states does not guarantee approval of the same course in Virginia.

Sponsor Representatives:

  • Apply for courses online by registering an account with the Virginia State Bar. Contact [email protected] for further instructions.
  • Once registered, send an email to [email protected] to request Company Administrator status (Company Administrator = sponsor representative) for your organization. You will then be able to submit course applications online, pay invoices, and download certificates for approved programs.

Prior to applying for CLE courses:

Review the MCLE Regulations and MCLE Board Opinions. These rules provide the foundation for course approval in Virginia. Foremost, programs must:

  • Focus on a legal topic, be integral to the practice of law, and/or be focused on attorneys’ ethical and professional responsibilities.
  • Be directed to an attorney audience.
  • Include instructional materials that meet MCLE Opinion 14’s requirements.
    • Importantly, only programs/sessions with instructional materials that were distributed to attendees before or at the program can be considered for CLE credit. Presentation slides will satisfy the materials requirement if a copy of the presentation was distributed to attendees before or at the program.
      • Distribution means materials were provided as printed copies and/or they were provided via email, on a website, or by some other electronic manner.
    • Primary source documents, such as statutes, pleadings, cases, motions, etc., alone are not sufficient for CLE credit per Opinion 14. Video or audio recordings cannot be considered for CLE accreditation purposes.

    Virginia MCLE Basics:

    • Virginia is a 60-minute state. Minutes are totaled and divided by 60 to determine CLE hours.
      • E.g. An approved course consisting of three 60-minute segments, one of which is ethics, would be approved for 3.0 CLE hours including 1.0 ethics hour.
    • Programs do not have to be held in Virginia, focus on Virginia law, or be taught by an attorney (instructors must be “…qualified by practical or academic experiences to teach the subject…).
    • It may take up to 90 days to process applications. Processing time may be slower depending on the volume of applications received and the time of year.
    • Once a program is approved, the sponsor is responsible for distributing the Virginia Certificate of Attendance (Form 2) to all attendees or the Certificate of Teaching (Form 3) to any Virginia attorney who taught an approved session.
      • Certificates of attendance and teaching are no longer emailed to sponsor representatives. Once a course is approved, the forms are available online.
      • Virginia is a self-reporting state. Attorneys are responsible for reporting their CLE hours to their records online.
    • Courses are approved for one CLE period which runs November 1 – October 31.
      • Virginia attorneys must report all CLE hours earned in each CLE period by December 15. Review the MCLE Annual Compliance page for more information about Virginia’s MCLE requirements.

      Fee Schedule for Law Firm and Non-accredited Sponsors:

      Requested Credits Fee
      Less than 2.0 hours $100
      Less than 3.0 hours $125
      3-10 hours $200
      10+ hours $250
      20+ Concurrent Sessions $250
         
      Late Application Fees:  
      Application received 30 days after presentation date $50
      Application received 60 days after presentation date
      		 $100
      Application received 90 days after presentation date
      		 $150 
      Application received 120 days after presentation date
      		 $200
      Each additional 30 days after presentation date add
      		 $50 

       

      Sponsor Types and Applications

      There are four application groups: non-accredited sponsors, law firm sponsors, accredited sponsors, and individual attorneys. Review the information below to determine which application should be submitted for your program.

      Non-accredited Sponsors

      An organization, bar association, company, or other entity (that is not a law firm or an accredited sponsor) seeking CLE credit on behalf of Virginia attorneys. May also be an individual or small group of individuals who provide CLE programming to attorneys.

      Application: Course Sponsor Application Form 4. Please register an account with our website and submit your application via the online system in lieu of submitting the PDF application.
      Review the application for complete instructions, but please note the following:
      • A sample of the instructional materials from each segment is requested, but we encourage applicants to submit a complete set of the instructional materials, when possible, especially for ethics programs. You may request a Sharepoint link if your materials are too large to upload to the online application.
      • Review all MCLE Regulations and Board Opinions prior to submitting your application. Pay particular attention to Regulation 103 and Opinion 14.

      Law Firm Sponsors

      Law firms seeking credit on behalf of in-house, client/potential client, or other attorneys.

      Application: Law Firm Application Form 4. Please register an account with our website and submit your application via the online system in lieu of submitting the PDF application.

      Review the application for complete instructions, but please note the following:

      • A complete set of the instructional materials are required for course review. Omitting materials may delay processing or result in course denial. You may request a Sharepoint link if your materials are too large to upload to the online application or mail.
      • Teaching credit is not approved for law firm courses directed to client or potential client audiences. Applicants must submit an accurate count of attendees for review by the Board.
      • All MCLE Regulations and Board Opinions should be reviewed prior to application submission, but information that may be particularly pertinent to law firm sponsors can be found in Regulation 103 and Opinion 14, Opinion 17, and Opinion 18.

      Individual Attorney Requests

      The Attorney Application Form 4 can be submitted by an attorney if they attend a highly specialized program related to their practice or if they attend a program whose sponsor is not going to seek CLE credit on behalf of Virginia attorneys.

      • An approved course is only valid for the attorney who submitted the application. The approval does not extend to any other attorney who may have attended the same course.
      • A sample of the instructional materials from each segment is requested, but applicants are encouraged to submit a complete set of materials, when possible, especially for ethics programs. You may request a Sharepoint link if your materials are too large to email.
      • If applying for a highly specialized or non-legal topic, you must include a statement detailing how the topic relates to your practice. See number 9 on the application.
      • Applications can only be submitted after the program. Attorneys should always consult with the CLE provider before applying to ensure the sponsor will not seek credit on their behalf.
      • Review all MCLE Regulations and Board Opinions prior to submitting your application. Pay particular attention to Regulation 103 and Opinion 14.

      Accredited Sponsors

      These providers are approved by the MCLE Board under MCLE Regulation 105. They have demonstrated a history of providing a significant volume of fully approved CLE courses. Sponsors must submit an application that is reviewed by the MCLE Board to be considered and approved as an accredited sponsor. Review the current list of Virginia’s Accredited Sponsors.

      Sponsors submit the Course Application Form 6 accompanied by the course agenda. Additional information, including course materials, will be requested if the application and agenda do not provide adequate information to approve a course. Accredited Sponsors are expected to adhere to the same course approval standards outlined in the MCLE Regulations and Board Opinions.

      Accredited sponsors pay an annual fee which is based on the total number of applications received in the preceding CLE period.

      Total Applications Received Annual Fee
      0-25 $438
      26-50 $455
      51-75 $675
      76-100 $700
      101-200 $1,088
      201-300 $1,125
      301-500 $1,550
      501-1000 $3,200
      1001-2000 $4,950
      2000+ $6,800

       

      Definitions and Approval Criteria

      The following information can also be downloaded here.

      Definitions

      Definitions for terms found on the applications.

      Setting and Audience Terms

      • Open – Course advertised and open to any attorney.
      • Closed – Course open only to a specific group of attorneys.
      • In-House – Program offered to attorneys within the hosting firm.
      • Group Setting – Program offered in group of 2 or more attorneys.
      • In-House/Firm Attorneys – Attorneys employed by/members of an organization, company, etc. that is sponsoring a program.
      • Client Attorneys – Clients of the firm, company, etc. that is sponsoring a program.
      • Other Attorneys – Attorneys from the public who were invited to attend a program.
      • Non-attorneys – Any individual that is not a licensed attorney.

      Course Types

      • Type Live – Instructor and attendees participate simultaneously. Approved live programs may be held in-person or as a live teleconference, webcast, or videoconference.
      • Type Pre-Recorded – Recorded version of a CLE presentation.

      Distance Learning & Delivery Methods

      • Distance Learning – Any program where the presenter(s) and attendees are in separate locations. See examples below. (See MCLE Board Opinion 16 for complete approval requirements.)
        • The MCLE Board Opinion 16 Compliance Form must be completed and submitted with an application when seeking credit for a delivery method not previously approved for your organization.
      • Run time – The actual recorded length of a program (i.e. 58 mins 13 sec). Required for approval of pre-recorded courses.
      • Original recording date – The date a program was first recorded.

      Live Methods

      • Teleconference – A call-in program. Attendees participate by phone from individual locations.
      • Videoconference – An audiovisual program. Attendees may attend in groups at separate locations plus at individual locations.
      • Webcast – An audiovisual presentation. Attendees participate from individual locations.

      Pre-recorded methods:

      • Audio – An audio recording of a program. An attorney may listen to the program at any time.
      • Group Video – A video viewed by a group of attorneys at one location on a specific date and at a specific time.
      • On-demand – A downloadable program (usually a link provided by a sponsor or downloadable from a website) that is viewable at any time.
      • Podcast - Audio or video file available for downloading, available as a series.
      • Pre-Recorded Webcast – A recorded program held on a specific date and at a specific time. Attendees register and all log onto the program and watch it together from individual locations.
      • Stored Media (USB/CD-ROM) – Most sponsors have stopped using CD-ROMs since computer technology has evolved toward USB. In any case, these programs are “stored media” provided on a CD or jump drive and viewed at any time at a computer.
      • Technology based learning – Interactive programs that require attendees to answer prompts, questions, etc. Typically, a participant must respond or answer a certain % of questions correctly to continue through the program and earn a certificate.
      • Video/DVD – A DVD of a recorded program. At least two attorneys must watch the video together and countersign for each other to claim credit.
      • Other – Any format that doesn’t fall into one of these categories.

      Approval Criteria

      Review the MCLE Regulations and MCLE Board Opinions for Complete information.

      • The MCLE reporting year runs from November 1 - October 31. Courses are approved for the reporting year they are presented.
      • Courses must be directed primarily to attorneys and address a legal topic to be approved.
      • Credit will not be awarded to programs that do not have written instructional materials meeting the requirements of MCLE Board Opinion 14.
      • Only applications with all required attachments (as indicated on each application) will be reviewed. Omission of any attachments/information will delay application processing.
      • Certificates must be distributed to the Virginia attorneys after attendance has been verified.
      • Do not distribute the Virginia course ID number before a course is approved or in lieu of distributing the Virginia certificates.

      Credit Calculation

      Review the MCLE Regulations and MCLE Board Opinions for Complete information.

      • Total CLE hours are the number of hours of course instruction excluding introductory remarks, breaks, meals, and closing remarks.
        • Only sessions with written instructional materials are approvable. Credit should not be requested for segments lacking materials.
        • Keynote, mealtime programs, judicial presentations, or roundtable discussions are given CLE credit only when written instructional materials are given to attendees that appropriately cover the program topic.
      • Virginia is a 60-minute state, meaning 60 minutes of instruction equals 1.0 CLE credit.
      • Total Ethics hours are the number of hours devoted to legal ethics or professionalism topics.
        • Programs covering ethics for other professions or general ethics are not approvable for ethics credit.
        • Ethics segment(s) must be clearly identified on the course schedule, have defined start and end times, and include specific materials that cover the ethics subject matter.
        • See MCLE Regulations 101(s-t), 103(d), and MCLE Opinion 13 for additional guidance.
      • Total Well-being hours are the number of hours devoted to subject matter detailed in MCLE Regulation 103(c)(2) and MCLE Opinion 19.
        • Well-being segments must be clearly identified on the course schedule, have defined start and end times, and include specific materials that cover the well-being subject matter, and meet the approval requirements in Regulation 103(c)(2) and Opinion 19.

      Unsure of your sponsor type or have more questions? Contact our office at 804-775-0577 or [email protected].