Supreme Court Rules - Rule 15 - Rules Governing the Missouri Bar and the Judiciary - Continuing Legal Education: Continuing Legal Education Requirements

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Supreme Court Rules

		Section/Rule:	15.05
Subject:	Rule 15 - Rules Governing the Missouri Bar and the Judiciary - Continuing Legal Education	Publication / Adopted Date:	December 2, 1986
Topic:	Continuing Legal Education Requirements	Revised / Effective Date:	February 8, 2022

15.05. Continuing Legal Education Requirements

(a) After July 1, 1988, except as provided in Rule 15.05(c), each lawyer shall complete and report, during each reporting year, a total of at least 15 credit hours of accredited programs, seminars, and activities. For each reporting year:

1) at least three of the total 15 credit hours must be devoted exclusively to accredited ethics programs, seminars, and activities, including professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency; and

2) at least one of the three ethics credit hours required under Rule 15.05(a)(1) must be devoted exclusively to explicit or implicit bias, diversity, inclusion, or cultural competency.

(b) Completion of the requirements of Rule 15.05(a) shall be reported to The Missouri Bar as specified by The Missouri Bar. A lawyer reporting completion of more than a total of 15 credit hours of accredited programs, seminars, and activities during one reporting year may receive credit in the next succeeding reporting year for the excess credit hours.

(c) A lawyer is not required to complete or report any credit hours in the reporting year in which the lawyer is initially licensed to practice law in this state except as provided in Rule 15.05(d). Any lawyer not an active judge who has not actively practiced law in Missouri during a reporting year or has given notice of inactive status pursuant to Rule 6.03 shall not be required to complete or report any credit hours during that reporting year. Upon written application and for good cause shown, waivers or extensions of time of the credit hour or reporting requirements of this Rule 15 may be granted in individual cases or classes of cases involving hardship or extenuating circumstances.

(d) A person seeking admission under Rule 8.10 shall, prior to being issued a license, attend The Missouri Bar Annual Law Update Program or a continuing legal education program accredited as provided in this Rule 15 that has intellectual and practical content substantially equivalent to The Missouri Bar Annual Law Update Program. Attendance shall be no earlier than 12 months prior to the date the application for admission under Rule 8.10 is filed. The person shall report the completion of this requirement to the board of law examiners as the board shall specify.

(e) For each reporting year, not more than six credit hours may consist of self-study, videotape, audiotape, or other similar accredited programs, seminars, or activities. A speaker at an accredited program, seminar, or activity may receive credit for preparation and presentation time. An author may receive credit for research and composition time for written materials that have been or will be published by an accredited sponsor, in a professional journal, or as a monograph.

(f) Each judge of the family court division and each commissioner of the family court division shall complete at least six hours of continuing legal education courses relating to family court issues and law not later than six months after designation or appointment. The hours completed to fulfill this requirement may be used to fulfill the requirements of Rule 15.05(a).

Each year thereafter, such judges and commissioners shall complete at least six hours of continuing legal education courses relating to family court issues and law. The hours completed on an annual basis may be used to fulfill the requirements of Rule 15.05(a).

Completion of the requirements of this Rule 15.05(f) shall be reported to The Missouri Bar as specified by The Missouri Bar.

This Rule 15.05(f) shall apply to all reporting years beginning on or after September 1, 2020. This Rule 15.05(f) shall not apply to judges who are temporarily transferred or assigned to family court divisions; however, judges who have met the requirements of this Rule 15.05(f) shall be preferred for such transfers and assignments.

(g) Each lawyer who is a member or employee of the general assembly may report in each reporting year credit for 15 hours of continuing legal education for service during that reporting year's regular legislative session. Such credits shall not satisfy the Rule 15.05(a)(1) requirement for three credit hours devoted exclusively to ethics programs, seminars, or activities.

(Adopted Dec. 3, 1986, eff. Jan. 1, 1987. Amended Jan. 22, 1988, eff. July 1, 1988; Nov. 13, 1989; Dec. 11, 1989; Mar. 22, 1994; Dec. 17, 1996, eff. Jan. 1, 1997; May 14, 1999, eff. Jan. 1, 2000; eff. July 1, 2002; Mar. 7, 2005, eff. July 1, 2005; Nov. 16, 2009, eff. Jan. 1, 2010; June 25, 2010, eff. Jan. 1, 2011; Dec. 1, 2015, eff. July 1, 2016; May 17, 2018, eff. July 1, 2018; June 30, 2019, eff. July 1, 2019; Nov. 15, 2019; Sept. 1, 2020; Feb. 8, 2022. )

Regulation 15.05. Credit and Exemptions

1. Speaker and Author Credit.

(a) Any lawyer who participates as a speaker at an accredited program, seminar, or activity and does not receive compensation, other than reasonable expenses, shall receive credit for the following:

(1) actual presentation time, including both initial and repeat presentations; and

(2) actual preparation time up to a maximum of 15 credit hours for each 50 minutes of presentation time as determined by Regulation 15.01.

(b) Any lawyer who authors written materials that have been or will be published without compensation by an accredited or identified sponsor, in a professional journal, or as a monograph shall receive credit for actual research and writing time, but not to exceed 15 credit hours for any one such work.

(c) The standards set forth in Regulation 15.01 shall determine the number of credit hours to be received for the presentation, preparation, research, and writing time and the number of credit hours to be received by a lawyer shall be reported on the affidavit required by Regulation 15.06.1.

(d) A lawyer may satisfy the requirements of subdivisions (a)(1) and (a)(2) of Rule 15.05 by speaker or author credit if the presentation or work or a designated portion thereof is devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competence. Speaker or author credit may be claimed only for the category of Rule 15.05(a)(1) for which the program, seminar, or activity is approved.

2. Exemptions.

(a) Visiting Attorneys. Visiting attorneys from other jurisdictions who are permitted to practice for a case or proceeding pursuant to Supreme Court Rule 9.03 and who are not otherwise subject to Rule 15 shall not be subject to Rule 15.05.

(b) Non-Practicing Lawyers. Any lawyer not an active judge who, during a reporting year, has neither engaged in the active private or public practice of law in Missouri nor held himself or herself out as an active practicing lawyer in Missouri shall not be required to complete or report any credit hours during that reporting year unless the lawyer elects to receive reciprocal credit under Regulation 15.05.4. A lawyer may claim the exemption on the affidavit required by Regulation 15.06.1 that shall be in such form as provided by The Missouri Bar.

(c) Governmental Officials. Any lawyer who is not a judge may, upon application to The Missouri Bar within 90 days of the end of each reporting year, be exempt from Rule 15.05(a) if he or she is a full-time governmental official and is not engaged in public or private practice of law. The application shall state reasons in support of the requested exemption. A lawyer exempted under this section shall still be required to file the affidavit required by Regulation 15.06.1.

3. Hardship and Extenuating Circumstances. Any lawyer for whom compliance with Rule 15 is unreasonable difficult due to

(a) a physical or mental disability; or

(b) military or other governmental service at an isolated place of duty; or

(c) age or any other good cause upon a written request setting forth the grounds therefore shall be granted a waiver, extension of time, or permission to comply with Rule 15 by an alternative method that may include in excess of six hours of self-study credit. A lawyer should make the written request at least 60 days prior to the end of the reporting year except in cases when such a deadline is impractical or inappropriate. The Missouri Bar shall review and approve or disapprove such requests on an individual basis and without delay. Rejection of any such request shall be reviewed as provided in Rule 15.06(d).

4. Reciprocal Credit. Any lawyer whose principal place of practice is in a state other than Missouri that has a continuing legal education requirement substantially similar to that of Missouri can satisfy the requirements of Rule 15, if applicable, by making the appropriate designation on the affidavit required by Regulation 15.06.1 that he or she is in compliance with the requirements of the state of his or her principal place of practice. Any lawyer whose principal place of practice is in a state other than Missouri that does not have a continuing legal education requirement substantially similar to that of Missouri can satisfy the requirements of Rule 15, if applicable, by completing accredited programs, seminars, or activities as defined in Regulation 15.01.1 or by completing programs, seminars, or activities offered by his or her state bar association.

5. Carryover Credit Hours.

(a) A lawyer reporting more than 15 credit hours of accredited programs, seminars, or activities, exclusive of self-study, for one reporting year shall receive credit of up to 15 credit hours in the next succeeding reporting year for such excess credit hours to apply toward the requirements of Rule 15.05(a) if the excess credit hours are reported on the lawyer's affidavit for the reporting year for which they were completed and are designated as hours to be carried forward.

(b) Credit hours for ethics programs, seminars, and activities devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency may be included in determining the amount of carryover credit that a lawyer may report pursuant to Regulation 15.05.5(a).

(c) For each reporting period, a lawyer reporting more than three credit hours devoted exclusively to accredited ethics programs, seminars, and activities, including professionalism, substance abuse, mental health legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency programs, seminars and activities, during one reporting year may receive credit of up to three credit hours for such excess hours to apply to the requirements of subdivisions (a)(1) and (a)(2) of Rule 15.05 for the next succeeding reporting year if the credit hours are reported on the lawyer�s affidavit for the reporting year for which they were completed and are designated as hours to be carried forward.

6. Lawyers Licensed in September 2020.

Except as provided in Rule 15.05(d), lawyers initially licensed to practice law in this state in September 2020 are not required to complete or report any credit hours during the 2020-2021 reporting year.

(Approved eff. Jul. 1, 1988. Amended eff. Jul. 1, 1990; Jul. 1, 1991; Jul. 1, 1992; Nov 1, 2009; July 1, 2018; Nov. 15, 2019, eff. Nov. 15, 2019; Aug. 13, 2020, eff. Aug. 13, 2020.)