Rule 1 - [Effective 1/1/2025] Definitions(A) "Attorney Wellness Programming" means CLE programming designed to help lawyers detect, prevent, or respond to substance use, mental health, and/or stress-related issues that can affect professional competence and the ability to fulfill a lawyer's ethical and professional duties. Such programming must focus on these issues in the context of the practice of law and the impact these issues can have on the quality of legal services provided to the public.(B) "Bar" means the Bar of the Vermont Supreme Court.(C) "Board" means the Vermont Board of Mandatory Continuing Legal Education.(D) "Continuing Legal Education Program" or "CLE Program" or "CLE Programming" means a legal education program taught by one or more faculty members that has significant intellectual or practical content designed to increase or maintain the attorney's professional competence and skills as an attorney. Programs designed for judicial officers generally do not qualify for credit. However, attorneys may receive credit for legal education provided by sponsors that are focused on education for judicial officers when the program has significant intellectual or practical content and would increase or maintain an attorney's professional competence and skills as an attorney.(E) "Court" means the Vermont Supreme Court.(F) "Credit" or "Credit Hour" means the unit of measurement used for meeting MCLE requirements. For Credits earned through attendance at a CLE Program, a Credit Hour requires sixty minutes of programming. Credit Hours will be rounded to the nearest quarter hour. (G) "Director" means Vermont's Licensing Counsel.(H) "Diversity and Inclusion Programming" means CLE Programming that addresses diversity and inclusion in the legal system of all persons regardless of race, ethnicity, religion, national origin, gender, sexual orientation, gender identity, or disabilities, and programs regarding the elimination of bias.(I) "Ethics Programming" means CLE programming that addresses standards set by Vermont's Rules of Professional Conduct with which an attorney must comply to remain authorized to practice law.(J) "In-House CLE Programming" means programming provided to a select private audience by a private law firm, corporation, or financial institution, or by a federal, state, or local governmental agency, for attorneys who are members, clients, or employees of any of those organizations.(K) "Interdisciplinary Programming" means programming that crosses academic lines that supports competence in the practice of law.(L) "Law Practice Programming" means programming specifically designed for attorneys on topics that deal with means and methods for enhancing the quality and efficiency of an attorney's service to the attorney's clients.(M) "MCLE" or "Minimum Continuing Legal Education" means the ongoing training and education that Vermont requires for attorneys to maintain their license to practice law.(N) "Moderated Programming" means programming delivered via a format that provides attendees an opportunity to interact in real time with program faculty members or a qualified commentator who are available to offer comments and answer oral or written questions before, during, or after the program. Current delivery methods considered Moderated Programming include, but are not limited to: (1) "In-Person" - a live CLE Program presented in a classroom setting devoted to the program, with attendees in the same room as the faculty members.(2) "Satellite/Groupcast" - a live CLE Program broadcast via technology to remote locations (i.e., a classroom setting or a central viewing or listening location). Attendees participate in the program in a group setting.(3) "Teleseminar" - a live CLE Program broadcast via telephone to remote locations (i.e., a classroom setting or a central listening location) or to individual attendee telephone lines. Attendees may participate in the program in a group setting or individually.(4) "Video Replay" - a recorded CLE Program presented in a classroom setting devoted to the program, with attendees in the same room as a qualified commentator. Attendees participate in the program in a group setting.(5) "Webcast/Webinar" - a live CLE Program broadcast via the internet to remote locations (i.e., a classroom setting or a central viewing or listening location) or to individual attendees. Attendees may participate in the program in a group setting or individually.(6) "Webcast/Webinar Replay" - a recorded CLE Program broadcast via the internet to remote locations (i.e., a classroom setting or a central viewing or listening location) or to individual attendees. A qualified commentator is available to offer comments or answer questions. Attendees may participate in the program in a group setting or individually.(O) "New Attorney Programming" means programming designed for newly licensed attorneys that focuses on basic skills and substantive law that is particularly relevant to attorneys as they transition from law school to the practice of law.(P) "Non-Moderated Programming with Interactivity as a Key Component" means programming delivered via a recorded format that provides attendees a significant level of interaction with the program, faculty, or other attendees. Types of qualifying interactivity for non-moderated formats include, but are not limited to, the ability of participants to: submit questions to faculty members or a qualified commentator; participate in discussion groups or bulletin boards related to the program; or use quizzes, tests, or other learning assessment tools. Current delivery methods considered Non-Moderated Programming with Interactivity as Key Component include, but are not limited to:(1) "Recorded On Demand Online" - a recorded CLE Program delivered through the internet to an individual attendee's computer or other electronic device with interactivity built into the program recording or delivery method.(2) "Video or Audio File" - a recorded CLE Program delivered through a downloaded electronic file in mp3, mp4, wav, avi, or other formats with interactivity built into the program recording or delivery method.(3) "Video or Audio Tape" - a recorded CLE Program delivered via a hard copy on tape, DVD, DVR, or other formats with interactivity built into the program recording or delivery method.(Q) "Rules" means the Rules for Mandatory Continuing Legal Education together with any subsequent amendments, as adopted by the Supreme Court of the State of Vermont.(R) "Rules of Admission" means the Rules of Admission to the Bar of the Vermont Supreme Court.(S) "Non-Moderated Programming Without Interactivity" means programming delivered via a recorded format that does not have interactivity built into the program recording or delivery method.(T) "Sponsor" means the producer of the CLE Program responsible for adherence to the standards of program content determined by these Rules. A Sponsor may be an organization, bar association, CLE provider, law firm, corporate or government legal department, or presenter.(U) "Technology Programming" means programming designed for attorneys that provides education on safe and effective ways to use technology in one's law practice, such as to communicate, conduct research, ensure cybersecurity, and manage a law office and legal matters.Amended Feb. 10, 2020, eff. 7/1/2020; amended Aug. 12, 2024, eff. 1/1/2025.Board's Notes-2025 Amendment
Rule 1(D) is amended to clarify that programs for judicial officers generally do not qualify for credit as continuing legal education because they are not aimed at increasing or maintaining an attorney's professional competence. Accredited sponsors that are focused on education for judicial officers must certify for credit the portions of courses or presentations that meet the requirement that the education will "increase the attendee's professional competence and skills as an attorney." Rule 4(A) (emphasis added).
Board's Notes
The three definitions from the prior rule § 2 ("Board," "Director," and "Rules") remain, with minor amendments. All other definitions are new. Most have been either adopted from the Model Rule or added for clarity and consistency. The definition of "Attorney Wellness Programming" was included to support the new wellness requirement of Rule 3(A)(4)(b).