Opinion
January 14, 2003.
ORDER
Acting in accordance with Article V, Sections 1 and 5 of the Louisiana Constitution of 1974, and the inherent power of this Court, and considering the recommendations of the Mandatory Continuing Legal Education Committee for changes in the way CLE credit hours are calculated,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
Part 1. Louisiana Supreme Court Rule XXX, Rule 3(a) be and is hereby amended to read as follows:
Rule 3. CLE REQUIREMENT
(a) Each Member shall attend, or complete an approved substitute for attendance, a minimum of twelve and one half (12.5) hours of approved CLE each calendar year.Part II. Louisiana Supreme Court Rule XXX, Rule 3(b) be and is hereby amended to read as follows:
(b) Any newly admitted active Member shall, during the year of his or her admission through the next calendar year, attend twelve and one half (12.5) hours of approved CLE and not less than eight (8) of such hours shall concern legal ethics, professionalism, or law office management. A newly admitted active member is not required to comply with subsections (a) or (c).
Law office management concerns knowledge and skill of office practice including courses on how to:
a. Open and operate a client trust account;
b. Establish a calendar (tickler) system;
c. Communicate with clients;
d. Set fee arrangements, send engagement letters, and establish billing procedures;
e. Avoid and/or obtain help for substance abuse problems;
f. Supervise staff;
g. Organize files;
h. Utilize a conflicts check system;
i. Handle a disciplinary complaint;
j. Terminate representation; and
k. Return files.
Part III. Louisiana Supreme Court Rule XXX, Rule 3(c), first paragraph, introductory clause, which now makes reference to an annual requirement of 15 hours of CLE, be and is hereby amended to read:
(c) Of the twelve and one half (12.5) hours of CLE required annually . . .* * * Part IV. Louisiana Supreme Court Rule XXX, Regulation 3.1 be and is hereby amended to read as follows:
Regulation 3.1. To meet the minimum requirements of Rule 3, each Member must obtain credit for not less than twelve and one half (12.5) hours of CLE per calendar year.Part V. Louisiana Supreme Court Rule XXX, Regulation 3.2 be and is hereby amended to read as follows:
Regulation 3.2. An instructional hour must contain at least sixty (60) minutes, with no credit given for introduction of the speaker, meal breaks, or business meetings.Part VI. Louisiana Supreme Court Rule XXX, Regulation 5.1.(a)(4) be and is hereby amended to read as follows:
(4) If the Member has not earned the required hours, that Member must comply with the twelve and one half hour requirement by no later than December 31 of that calendar year.Part VII. Louisiana Supreme Court Rule XXX, Regulation 5.5 be and is hereby amended to read as follows:
Regulation 5.5. In no event shall more than eight (8) hours be carried forward to another year. However, no portion of any hours carried forward shall include those mandatory hours of CLE concerning the respective Ethics and Professionalism requirements as is mandated by Rule 3(c) of these rules and regulations.Part VIII. Louisiana Supreme Court Rule XXX, Regulation 6.2 be and is hereby amended to read as follows:
Regulation 6.2. A Member to whom the Noncompliance Report Form is sent must use the sixty-day period to obtain the required number of credit hours needed for compliance. Credit hours earned during this period shall be applied toward the previous year's requirement until the necessary hours are earned, and then up to eight hours may be carried forward to meet the current year's requirement.
These rule changes shall become effective on January 1, 2003, and shall remain in full force and effect thereafter, until amended or changed through future orders of this Court.
New Orleans, Louisiana, this ___ day of __________________, 2003.
FOR THE COURT:
________________________________________ Pascal F. Calogero, Jr., Chief Justice