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Supreme Court Rules

Section/Rule:15.06
Subject: Rule 15 - Rules Governing the Missouri Bar and the Judiciary - Continuing Legal Education Publication / Adopted Date:December 2, 1986
Topic:Reporting Requirements-Sanctions-ReviewRevised / Effective Date:January 1, 2010

15.06. Reporting Requirements - Sanctions - Review

(a) On or before July 31st of each year after 1988, each lawyer shall report the number of credit hours of accredited programs or activities in which lawyer participated in the preceding reporting year, except that lawyers paying the annual enrollment fee under Rule 6.01(j)(3) for the entire reporting year and lawyers who have given notice of inactive status under Rule 6.03 are not required to report completion or exemption from the annual requirements of Rules 15.05(a) and 15.05(f). All lawyers must report completion of the requirement of Rule 15.05(e).

(b) Every lawyer failing to meet the requirements of this Rule 15 by September 30 shall be notified by mail addressed to the lawyer's last known address. The notice shall advise the lawyer that lawyer has not filed the required report or the required number of credit hours and that the lawyer, if subject to Rule 15, may file within 30 days of the date the notice was mailed information establishing compliance with this Rule 15. Within 30 days of the receipt of the information, it shall be determined if the lawyer has participated in the required number of credit hours of accredited programs or activities or if the lawyer is entitled to a waiver of the requirement or an extension of time to comply with the requirement. If it is determined that the lawyer has participated in the required number of credit hours, is entitled to waiver, or is entitled to an extension of time, the lawyer shall be so notified within 15 days of the decision. If it is determined that the lawyer has not participated in the required number of credit hours, is not entitled to a waiver and is not entitled to an extension of time, the lawyer shall be so notified.

(c) Every lawyer to whom a notice is sent pursuant to Rule 15.06b shall pay a late filing fee of $35.00. Payment of this fee shall accompany the late-filed information establishing compliance with Rule 15. Failure to pay the fee shall be considered a failure to comply with the requirements of Rule 15. The fee collected pursuant to Rule 15.06(c) shall be paid to The Missouri Bar for deposit in the advisory committee fund.

(d) Upon written request filed within 15 days of the date of notice to the lawyer of the decision concerning compliance with this Rule 15, a hearing shall be granted within 30 days of the date of the request. The hearing shall be held before a panel of three lawyers appointed by the president of The Missouri Bar. The lawyer shall be sent notice of the hearing at least 10 days prior to the hearing. At the hearing the lawyer may be represented by counsel, witnesses shall be sworn, and, if requested by the lawyer, a complete electronic record shall be made.

(e) Within fifteen days of the hearing it shall be determined if the lawyer has complied with this Rule 15. The lawyer shall be so notified within 5 days of the decision.

(f) On or before March 1, The Missouri Bar shall annually report to the clerk of this Court, the chief disciplinary counsel, and the Commission on Retirement, Removal and Discipline, as the case may be, the name of each lawyer not meeting the requirements of this Rule 15. Every lawyer so reported is automatically suspended from the practice of law on the date the report is received by the clerk of this Court. Any lawyer automatically suspended for failing to comply with this Rule 15 shall be retroactively reinstated as a matter of course upon certification to the clerk of this Court by The Missouri Bar that the lawyer is in full compliance with this Rule 15 within three years of the date of the lawyer’s suspension and the payment of an additional $100 late fee. The late fee shall be paid to The Missouri Bar for deposit in the advisory committee fund. Any lawyer not reinstated as a matter of course shall apply for reinstatement as provided in Rule 5.28.

(Adopted Dec. 3, 1986, eff. Jan. 1, 1988. Amended Jan. 22, 1988, eff. July 1, 1988; Nov. 20, 1990, eff. July 1, 1991; Feb. 7, 1991, eff. July 1, 1991; eff. Feb. 26, 1998; Feb. 3, 2005, eff. July 1, 2005; March 1, 2006, eff. April 3, 2006; Nov. 16, 2009, eff. Jan. 1, 2010.)

Regulation 15.06. Reporting Requirements

1. Annual Affidavit. On or before July 31, 1989, and annually by July 31 every year thereafter, each lawyer shall report, by written affidavit to The Missouri Bar, the lawyer's completion of or exemption from the requirements of Rule 15. If applicable, the affidavit shall include the number of all credit hours of accredited programs, seminars, or activities which the lawyer completed for the applicable reporting year, the number of credit hours to be carried forward from the immediately preceding reporting year, the number of credit hours to be carried over the to the next succeeding reporting year, the number of credit hours of programs, seminars, and activities devoted exclusively to professionalism, legal or judicial ethics and malpractice prevention as required by subdivisions (e) and (f) of Rule 15.05, the number of credit hours of programs, seminars or activities required by Rule 15.05(g), any other credit hours to which the lawyer is entitled and completion of The Missouri Bar Annual Law Update or its substantial equivalent, if required by subdivision (d) of Rule 15.05. The initial reporting period is from January 1, 1988 through June 30, 1989. The form for such affidavit shall be provided to the lawyer by The Missouri Bar on or before June 30. The affidavit filed by a lawyer shall establish compliance with the requirements of Rule 15.05 and the reporting requirement of Rule 15.06 unless the affidavit is incomplete or otherwise does not demonstrate compliance with the requirements of Rules 15.05 and 15.06.

2. Failure to Report. Except as provided in Regulations 15.05.2, 15.05.3 and 15.06.3, in the event that a lawyer fails to file an affidavit, files an incomplete affidavit or files an affidavit which does not demonstrate compliance with the requirements of Rules 15.05 and 15.06, the provisions of Rule 15.06 (b), (c), (d), (e) and (f) shall be applicable, including the late-filing fee requirement established by Rule 15.06 (c).

3. Education Deficiency Plans. In the event that a lawyer shall fail to complete or is not otherwise entitled to report at least fifteen credit hours of accredited programs, seminars, and activities during a reporting year or has not satisfied the requirements of subdivisions, (e), (f) or (g) of Rule 15.05 during the applicable reporting year and the provisions of Regulations 15.05.2 or 15.05.3 are not applicable, there may be attached to the report required by Rule 15.06 a statement by the lawyer setting forth a specific plan for making up the deficiency by September 30 immediately following the end of the reporting year. This plan shall be deemed accepted unless within 15 days after receipt of the affidavit and statement the lawyer is notified to the contrary. Full compliance with the lawyer's plan shall be reported by the lawyer not later than September 30 immediately following the end of the reporting year. All credit hours from any accredited program, seminar or activity set forth in the plan for making up the deficiency shall be included on the written affidavit for the reporting year for which the deficiency plan was submitted and shall be included in the determination of carryover credit for that year. Failure of the lawyer to complete the plan and report completion by September 30 shall be considered failure to comply with requirements of Supreme Court Rule 15.

4. Noncompliance Report. The Missouri Bar shall annually reporting in writing to the chief disciplinary counsel and the Commission on Retirement, Removal and Discipline, as the case may be, in accordance with Rule 15.06(f) as of March 1, following completion of each reporting year.

(Approved eff. July 1, 1988. Amended eff. July 1, 1990; July 1, 1991; July 1, 1992; July 1, 1997; Nov. 1, 2009.)