Article XII - MINIMUM CONTINUING LEGAL EDUCATION

As amended through June 28, 2024

Section 1.Purpose

The purpose of minimum continuing legal education requirements is to ensure that every active member of the State Bar of Texas pursues a plan of continuing legal education throughout his or her career in order to remain current on the law in our rapidly changing society.

Section 2.Definitions

A. "MCLE" means Minimum Continuing Legal Education.

B. "Committee" means the Committee on Minimum Continuing Legal Education.

C. "Committee member" is a member of the Committee on Minimum Continuing Legal Education.

D. "MCLE Department" means the departmental staff of the State Bar of Texas with the responsibility of administering all aspects of the MCLE program as determined by this Article and any regulations established pursuant hereto.

E. "The Director" means the Director of the MCLE Department of the State Bar of Texas.

F. "Continuing legal education activity" means any organized legal educational activity accredited by the Committee.

G. "CLE Credit Hours" means the actual amount of instruction time for an accredited continuing legal education activity expressed in terms of hours rounded to the nearest one-quarter hour. The number of CLE credit hours shall be based on sixty (60) minutes of instruction per hour, unless otherwise specified herein.

H. "Self-study" includes individual viewing or listening to audio, video, or digital media, reading written material, or attending organized in-office educational programs, or such other activities as may be approved by the Committee.

I. "Accredited sponsor" means any provider who receives presumptive approval of the Committee to conduct continuing legal education activities that satisfy the requirements of this Article.

J. "Accredited CLE Activity" means any CLE activity that receives MCLE accreditation under the MCLE Rules, Regulations, and accreditation criteria adopted by the MCLE Committee.

K. "MCLE compliance record" means the official record of a member's CLE credit hours earned during any MCLE compliance year that shall be maintained by the MCLE Department and used to verify a member's compliance with the MCLE requirements. It shall be the responsibility of each member to ensure that his/her MCLE compliance record is accurate and complete.

L. "MCLE compliance year" means the twelve (12) month period that begins each year on the first day of an attorney's birth month and ends on the last day of the month that immediately precedes the attorney's birth month in the following year.

M. "MCLE reporting month" means the birth month during which the attorney is required to show completion of CLE requirements. If an extension has been granted in accordance with this Article (Section 9) , the reporting month shall mean the month immediately following the last date of the extension and shall replace the birth month for that current compliance year.

N. "MCLE Annual Verification Report" means the written report containing a listing of all CLE credit hours recorded in a member's MCLE compliance record for an MCLE compliance year. This report shall be furnished to each member annually by the MCLE Department.

Section 3.Committee on Minimum Continuing Legal Education

A. There is hereby established the Committee which shall be composed of twelve (12) members. Nine (9) of the members shall be residents of this State who are active members of the State Bar, at least two (2) of whom shall be under the age of thirty-six (36) years as of June 1 of the year being appointed. Of the nine (9) attorney members, not more than two (2) shall be judges. The remaining three (3) members of the Committee shall be residents of this State who are not attorneys. The President-Elect, with the approval of the Board, shall appoint any Committee members whose terms will begin at the beginning of the bar year during which he or she will be President. Should a vacancy on the Committee occur during the bar year, the President, with the approval of the Board, shall appoint a successor to fill the unexpired term. Each member of the Committee shall continue to serve until his or her successor is appointed and qualified. The President-Elect shall designate one (1) of the attorney members of the Committee to serve as chairperson during his or her term as President. The Board may remove a member of the Committee for good cause. No Committee member shall be appointed for more than two (2) terms. Committee members shall serve without compensation, but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their official duties.

B. The State Bar shall employ such staff as may be necessary to perform the record keeping, auditing, reporting, accreditation, and other functions required by these rules.

C. The Committee, subject to these rules and such regulations as it may propose and may be adopted by the Board, shall administer the program of minimum continuing legal education established by this Article. It may propose regulations and prepare forms not inconsistent with this Article pertaining to its function and modify or amend the same from time to time. All such regulations, forms, modifications or amendments shall be submitted to the Board for approval, and upon such approval, shall be published in the Texas BarJournal.

Section 4. Accreditation

A. The Committee shall develop criteria for the accreditation of continuing legal education activities and shall designate the number of hours to be earned by participation in such activities, as approved by the Committee. In order for an activity to be accredited, the subject matter must directly relate to legal subjects and the legal profession, including professional responsibility, legal ethics, or law practice management. The Committee may, in appropriate cases, extend accreditation to qualified activities that have already occurred. The Committee shall not extend credit to activities completed in the ordinary course of the practice of law, in the performance of regular employment, as a volunteer service to clients or the general public, as a volunteer service to government entities, or in a member's regular duties on a committee, section or division of any bar related organization. The Committee may extend accredited status, subject to periodic review, to a qualified sponsor for its overall continuing legal education curriculum. No examinations shall be required.

B. Self-study credit may be given for individual viewing or listening to audio, video, or digital media; reading written material; attending organized in-office educational programs; or other activities approved by the Committee. No more than three hours of credit may be given during a compliance year for self-study activities. Time spent viewing or listening to audio, video, or digital media as part of an organized CLE activity approved by the Committee counts as conventional continuing legal education and is not subject to the self-study limitation.

C. Credit may be earned through teaching or participating in an accredited CLE activity. Credit shall be granted for preparation time and presentation time, including preparation credit for repeated presentations.

D. Credit may be earned through legal research-based writing upon application to the Committee provided the activity (1) produced material published or to be published in the form of an article, chapter, or book written, in whole or in part, by the applicant; (2) contributed substantially to the continuing legal education of the applicant and other attorneys; and (3) is not done in the ordinary course of the practice of law, the performance of regular employment, or as a service to clients.

E. The Committee may, in appropriate cases, charge a reasonable fee to the sponsor for accrediting CLE activities.

F. A member who holds a full-time faculty position in any law school which is approved by the American Bar Association may be credited as fulfilling the requirements of this article, except as to the minimum requirements for CLE in legal ethics and professional responsibility. A member who holds a part-time faculty position in any such law school may claim participatory credit for the actual hours of class instruction time not to exceed 12 hours per compliance year, except as to the minimum requirements for CLE in legal ethics and professional responsibility.

G. Credit to meet the minimum educational requirement will be extended to attorneys who are members of the United States Congress or the Texas Legislature for each year in which they serve.

H. No credit shall be given for activities directed primarily to persons preparing for admission to practice law.

I. Credit, not to exceed 30 hours in any compliance year, may be earned for attending a law school class after admission to practice in Texas provided (1) that the member officially registered for the class with the law school; and (2) that the member completed the course as required by the terms of registration. Credit for approved attendance at law school classes shall be for the actual number of hours of class instruction time the member is in attendance at the law school course.

Section 5.Compliance Year

A. Each member's compliance year shall begin on the first day of the month in which his or her birthday occurs.

B. The initial compliance year for each member shall be the 24-month period that begins on the first birth month following the date of admission.

Section 6.Minimum Educational Requirements

A. Every member must complete 15 hours of continuing legal education during each compliance year as provided by this article. No more than three credit hours may be given for completion of self-study activities during any compliance year.

B. At least three of the 15 hours must be devoted to legal ethics/professional responsibility subjects. One of the three legal ethics/professional responsibility hours may be completed through self-study.

C. A person who has elected inactive status, been suspended or disbarred, or resigned, and who desires to return to active status, must comply with the requirements of (A) and (B). The MCLE regulations may authorize the MCLE Department to automatically defer these requirements for a member who elects inactive status during a compliance year.

D. Accredited continuing legal education and self-study completed within a 12-month period immediately preceding a member's initial compliance year may be used to meet the educational requirement for the initial compliance year. Credit for the Justice James A Baker Guide to Ethics and Professionalism in Texas sponsored by the Texas Center for Legal Ethics, may count toward the MCLE requirements for a member's initial compliance year if the course is completed during the member's third year of law school or the 12-month period preceding the member's initial compliance year.

E. Accredited continuing legal education and self-study completed during any compliance year in excess of the minimum 15 hour requirement for such period will be applied to the following compliance year's requirement. This carryover provision applies to one year only.

Section 7.Credit Computation

A. Credit for attending accredited continuing legal education activities shall be based on net actual instruction time, which may include organized lecture, panel discussion, audio, video, and digital media presentations and organized question-and-answer periods. Sponsors are encouraged to calculate the number of hours of credit that should be given for any activity offered, using the above guide, and indicate the number on the activity brochure. Fractional hours should be stated as decimals.

B. Credit for viewing or listening to audio, video, or digital media shall be based on the running time of the recording.

C. Credit for reading approved material or attending in-office educational programs shall be based on actual time spent.

Section 8. Compliance

A. Two months before the end of a member's MCLE compliance year, the Director must send the member an MCLE Annual Verification Report. Members must review the report for accuracy. If the report is accurate and shows that the member has completed all MCLE requirements for the MCLE compliance year or that the member is exempt from MCLE, then no additional action is required by the member. If the report is inaccurate, the member must correct his or her MCLE compliance record by following the instructions on the report. To avoid a fine or suspension, all CLE credit hours must be completed, and all corrections to a member's MCLE compliance record must be received by the Director, before the end of the member's MCLE compliance year.

B. On or about the first day of the birth month, the Director shall make available to the member, a report of amendments that have been made to the MCLE record for the compliance year that ended immediately prior to said birth month. The Director shall also notify any member who has not completed MCLE requirements for the compliance year that ended immediately prior to said birth month. A member, who has not completed his or her CLE requirements by the first day of the birth month, will receive an automatic grace period through the last day of the birth month to complete and report any remaining CLE credits. Members shall not be fined or penalized for completing and reporting CLE credits by the last day of the birth month (grace period).

C. On or about the 12th day of the month immediately following a member's birth month, the Director will notify in writing a member who is in non-compliance for the MCLE compliance year just ended of the member's non-compliance status.

D. On or about the first day of the third month immediately following a member's birth month, the Director will send a final notice to any member who has not cured the member's noncompliance status.

E. If by the last business day of the fourth month following the birth month (or reporting month if the member has been granted an extension in accordance with this article for completion of CLE requirements) the member has still not cured his or her noncompliance, the member shall be automatically suspended from the practice of law in Texas as directed by Order of the Supreme Court dated December 23, 2002.

F. Upon the execution of suspension, the Director will send a written notice to each member who is suspended from practice by the order.

Section 9.Review and Appeal

A. For good cause, a member may request an exemption from, or extension of time to complete, any requirement of this Article. The request will be determined by the MCLE Department under regulations promulgated by the Committee.

B. "Good cause" shall exist when a member is unable to comply with this Article because of illness, medical disability, or other extraordinary hardship or extenuating circumstances that were not willful on the part of the member and were beyond his or her control.

C. A member may ask the Committee to review a decision of the MCLE Department by written request within thirty days of the MCLE Department's decision. The Chair of the Committee may appoint a subcommittee to review the decision of the MCLE Department and make a recommendation to the Committee.

D. A member may ask the Board to review the Committee's decision by written request to the Executive Director within thirty days of the Committee's decision. The Chair of the Board may appoint a subcommittee to review the decision of the Committee and make a recommendation to the Board.

E. A member may challenge the Board's decision by filing suit against the State Bar in Travis County district court. The suit must be filed within thirty days of the Board's decision, or the Board's decision will be final. Trial will be de novo and to the bench. The member has the burden to prove good cause by a preponderance of the evidence. Either the member or the State Bar may appeal the trial court's judgment.

F. Any suspension of a member under this Article shall be vacated during the administrative review process and while any suit filed is pending.

Section 10.Return to Former Status

Any member whose license to practice law has been suspended under the terms of this Article who after the date of suspension files an activity report with the MCLE Director showing compliance and who has paid all applicable fees associated with non-compliance and suspension, shall be entitled to have such suspension promptly terminated and be returned to former status. Return to former status shall be retroactive to the inception of suspension, but shall not affect any proceeding for discipline of the member for professional misconduct. The MCLE Director shall promptly notify the Clerk that a member formerly suspended under this Article has now complied with this Article.

Section 11.Exemption of Certain Judges and Judicial Officers

The following are exempt from these MCLE requirements:

judges, including retired and former judges subject to assignment and justices of the peace, required to complete instruction under the Rules of Judicial Education, adopted by the Texas Court of Criminal Appeals; judicial officers, as defined in Rule 4(d) of the Rules of Judicial Education; and federal judges.

Section 12.Confidentiality

A member who reports attendance credits individually to the MCLE Director, without the sponsoring organization's knowledge, automatically consents to release of his or her name to the sponsoring organization for the sole purpose of reconciling attendance records. Otherwise, the files, records and proceedings of the Committee, as they relate to the compliance or noncompliance of any member with the requirements of this Article, shall be confidential and shall not be disclosed except upon consent of the member affected or as directed in the course of judicial proceeding by a court of competent jurisdiction.

Amended effective 12/19/2022.