Specialty Credit Requirements

MCLE regulations require attorneys to attend a minimum of four (4.0) credit hours of live-interactive programming as part of their annual CLE requirement. “Live” programs are defined as courses where there is simultaneous, live interactivity with the course presenter(s) during the program. Traditional live on-site programs, live presentations delivered via telephone or webcast, or other courses which may be developed that include simultaneous, live interaction with the presenter or qualified discussion facilitator qualify meet the live requirement.

Live Requirement

What types of courses are considered Live Interactive Programs?

Programs which include real-time live interaction with the course presenter are designated as “Live” on your MCLE record and include:

  • Traditional live programs.
  • Programs delivered via telephone or webcast where there is an opportunity to interact with the speaker in real time during the program. Currently, most live telephone and live webcasts meet the live interactive criteria and can be completed at your desk requiring no travel time.
  • Other courses may be approved where the attendees and the speaker can interact in real time. These are considered by the Board on a case-by-case basis.

What are the limitations on pre-recorded programs?

For compliance purposes, you may only use 8.0 hours from pre-recorded programs to meet your annual MCLE requirement.

What types of courses are considered Pre-recorded?

Pre-recorded programs include courses provided by any electronic means that do not include simultaneous, live interaction with the presenter. For example:

  • On-demand/Online programs, CD-ROM, Video/DVD and Audio/CD presentations.
  • Any course where there is no simultaneous, live interactivity with the course presenter.

May I carry over hours earned via pre-recorded programs?

Yes. Attorneys may carry forward 12.0 CLE hours including 2.0 ethics/professionalism hours and 4.0 live-interactive hours. Up to 8.0 hours (including ethics) may be from pre-recorded programs.

Effective November 1, 2011

OVERVIEW: The MCLE Board has always considered live interaction with the course presenter(s) and other attorneys a valuable educational component. The new regulations recognize the advantages of modern technology in continuing legal education while balancing the benefits of professional interaction. The board has determined that a minimum hourly requirement for courses which provide simultaneous, live interactivity will be required. The new MCLE regulations require Active attorneys to attend a minimum of four (4.0) credit hours of live interactive programming. “Live” programs are defined as courses where there is simultaneous, live interactivity with the course presenter(s) during the program and will include traditional live on-site programs, live presentations delivered via telephone or webcast or other courses which may be developed that include simultaneous, live interaction with the presenter or qualified discussion facilitator during the program.

Ethics Requirement

Attorneys must attend a minimum of two (2.0) credit hours of ethics or professionalism as part of their annual CLE requirement. Essentially, ethics and professionalism programs focus on either legal ethics issues specific to attorneys or topics found in the Virginia Principles of Professionalism. Sponsors must specifically request ethics and/or professionalism credit on course applications.

Notably, programs do not have to focus on RPC, Legal Ethics Opinions, or disciplinary issue specific to Virginia, or Virginia’s Principles of Professionalism. Additionally, other codes of professional responsibility that are specific to attorneys may receive ethics/professionalism credit so long as other requirements for CLE are met.

Where do I find the definition of ethics credit?

Please see Regulations 101(s) and 103(d) in the MCLE Regulations. See also MCLE Board Opinion 13.

Where do I find the definition of professionalism credit?

Please see Regulations 101(t) and 103(d) in the MCLE Regulations.

Well-being Requirement

In April 2019, Rule 17 was updated to include the following:

(4) 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.

CLE credit is regularly approved for lawyer well-being courses. Now sponsors can specifically request approval of this credit and if approved, attorneys can specify this credit when reporting courses. It is important to note that attorneys cannot be administratively suspended for failure to comply with this rule.

Where do I find the definition of well-being credit?

Please see Regulations 101(u) and 103(c)(2) in the MCLE Regulations. See also MCLE Board Opinion 19.

How do I certify attendance at a well-being program?

The online course reporting system now includes a field by which you can certify whether you attended an hour of well-being credit. A certificate of attendance for a course that is approved for well-being credit will display this information.