REGULATIONS FOR MANDATORY CONTINUING
LEGAL EDUCATION FOR JUDGES AND
ACTIVE MEMBERS OF THE SOUTH CAROLINA BAR
These Regulations implement Rules 408, 419 and 504, SCACR.
A. Active Members of the South Carolina Bar.
1. Except as otherwise provided in Regulation III, each active member of the South Carolina Bar, as defined in the By-Laws of the South Carolina Bar, shall complete a minimum of 14 hours of accredited continuing legal education (CLE) each calendar year.
2. At least 2 hours of the 14 hours shall be devoted to legal ethics/professional responsibility (LEPR). LEPR shall include, but not be limited to, instruction focusing on the Rules of Professional Conduct as they relate to law firm management, malpractice avoidance, lawyer fees, legal ethics, and the duties of lawyers to the judicial system, the public, clients and other lawyers.
3. An active member who accumulates in excess of 14 hours credit in a calendar year may carry a maximum of 14 hours forward to the next calendar year, of which a maximum of 2 hours may be LEPR credit (earned LEPR credit in excess of the required 2 hours may be applied to CLE requirements and/or carried forward not to exceed the maximum of 14 hours).
B. Judicial Members.
1. Minimum Requirements.
Judicial members specified in Rule 504(a), SCACR, shall complete a minimum of 15 hours of accredited judicial continuing legal education (JCLE) each calendar year. JCLE credit accumulated in any calendar year in excess of 15 hours may be carried forward to the next calendar year; provided, however, that not more than 30 hours credit may be carried forward to the next calendar year.
2. Mandatory Attendance at Designated Educational Activities.
Without regard to any JCLE credit accumulated pursuant to the requirements of Regulation II(B)(1), judicial members shall attend any educational activity designated as mandatory by the Supreme Court of South Carolina or the Commission on Continuing Legal Education and Specialization (Commission). "Educational activity" means any seminar, program, conference, roundtable, or other activity which has been accredited for JCLE purposes and which has been designated mandatory for judicial members. Attendance at an educational activity may be designated as mandatory for all judicial members or only for certain specified categories of judicial members (for example: mandatory for probate judges only).
The following shall be exempt from the requirements of Regulation II:
A. Active members of the South Carolina Bar who are at least 60 years old, who have been admitted to practice law for 30 or more years and who submit to the Commission affidavits establishing that fact and requesting exemption (exempt status pursuant to this provision shall apply to both the CLE and LEPR requirements);
B. Certified specialists who comply with the CLE requirements of their specialty; provided, however, that at least 2 hours of the CLE credits completed by certified specialists shall be devoted to LEPR and that any certified specialist who completes more than 2 hours of LEPR credit may carry forward to the next calendar year up to 2 hours of such credit;
C. Newly admitted lawyers in the year in which they are licensed; and
D. For JCLE requirements imposed by Regulation II(B), judicial members in the year in which they are sworn into office, provided they have satisfied the CLE requirements for active members of the South Carolina Bar.
IV. Hours and Accreditation
One (1) hour of accredited CLE means 60 minutes of instruction as teacher or student at any CLE program which has been accredited by the Commission or which is sponsored or co-sponsored by an accredited organization. A list of currently accredited sponsors can be obtained from the Commission.
B. Application for Accredited Sponsor Status.
A sponsor wishing to apply for sponsor accreditation shall submit to the Commission:
1. An application for status as an accredited sponsor of CLE activities (forms available from the Commission);
2. Copies of written materials described in that application form; and
3. Any further information the Commission requires.
Except for accredited sponsors designated by the Commission, sponsor accreditation must be renewed every 5 years; provided, however, that sponsor accreditation may be withdrawn for cause at any time after 60 days notice to the sponsor and the South Carolina Bar.
C. Accreditation of Courses Sponsored by Non-Accredited Sponsors.
CLE courses presented by sponsors which have not been granted sponsor accreditation will be considered for accreditation on an individual basis. An application for accreditation of a program may be obtained from the Commission and must be submitted to the Commission by the sponsor or by a lawyer who desires credit for attending the program. Except as provided in IV(D), the Commission will consider applications for the retroactive as well as prospective accreditation of programs.
D. In-House CLE.
In-House CLE, which is defined as CLE courses, training, programs, etc., sponsored or offered by law firms (individually or collectively), corporate legal departments, and similar organizations (but excluding public/governmental organizations and their subdivisions, agencies, etc.) primarily for the education of their members and employees, may be approved for credit under the rules and regulations applicable to other sponsors, subject to the following additional conditions:
1. The courses shall be submitted for approval on a course-by-course rather than an approved-sponsor basis;
2. The courses, including all written materials related thereto, must be filed with an application for accreditation on or before the date on which the course is to be held;
3. The courses must be attended by at least 5 lawyers, not including the instructors; and
4. Not more than one-half of the approved credits for any reporting period may be earned through in-house programs.
E. Client Seminars.
Client seminars, which are defined as educational activities sponsored by a law firm in which the target audience is clients or potential clients of the sponsoring law firm, shall not be accredited even though the educational activities otherwise satisfy the accreditation standards specified in Regulation V. For this purpose, a law firm may be a professional corporation, professional association, partnership, sole practitioner or any other association of lawyers engaged in the private practice of law.
Fees for the processing of applications for accreditation of individual programs or applications for accredited sponsor status and fees for other applications and purposes shall be as specified by the Commission.
G. Enhanced Credit for Teaching.
Upon application to the Commission, enhanced CLE credit may be earned through teaching at an accredited CLE activity. Information regarding the enhanced credit, including qualifications for the credit, the formula for calculating the credit, and exceptions to the credit, may be obtained from the Commission.
H. CLE Credit for Legal Writing.
Upon application to the Commission, CLE credit may be earned through authorship of articles or books concerning substantive or procedural law which are published or accepted for publication in approved third party publications. Information about this credit may be obtained from the Commission.
V. Accreditation Standards
The following standards will be considered by the Commission in the granting, denying, or withdrawal of accreditation of sponsors, programs, or parts of programs:
A. Courses must have significant intellectual or practical content;
B. Subject matter must deal primarily with the theory, practice, or ethics of law and the legal profession;
C. Courses must be directed to and intended for an audience of lawyers or judges;
D. Faculty members must be qualified by practical or academic experience to teach the subject;
E. High quality written materials must be distributed to participants;
F. Suitable classroom or laboratory setting must be provided for participants;
G. Ethical considerations pertaining to the subject matter should be included in the program;
H. Audio-visual or media presentations otherwise meeting the standards of A through G are acceptable provided a faculty member is in attendance, or available by telephone hook-up, to comment and answer questions;
I. A list of course/program attendees must be kept and retained for 2 years to assist the Commission in verifying course attendance; and
J. A written report of attendees shall be submitted to the Commission within 30 days of the course/program.
VI. Reports and Fees
A. Active Members.
On forms prepared by the Commission and available through its offices (or a reasonable facsimile), each active member of the South Carolina Bar not exempt from Regulation II(A) shall, not later than January 1 of each year, file with the Commission a sworn annual report of compliance for the preceding calendar year and pay an annual filing fee of $20.00. Any active member submitting a report of compliance after January 1 shall pay, in addition to the annual filing fee, a late filing fee of $50.00. Beginning January 1, 2003, the late filing fee shall be doubled for any member who files after the filing deadline and who has filed late and paid a late filing fee on any prior occasion.
B. Judicial Continuing Legal Education (JCLE).
On forms prepared by the Commission and available through its offices (or a reasonable facsimile), each judicial member specified in Rule 504(a), SCACR shall, not later than April 15 of each year, file with the Commission an annual report of compliance for the preceding educational period and pay an annual filing fee of $20.00. Any judicial member submitting a report of compliance after April 15 shall pay, in addition to the annual filing fee, a late fee of $50.00.
C. Amended Reports of Compliance.
For the purposes of these Regulations, an amended report of compliance is one that seeks to change a report of compliance previously submitted to the Commission. A report of compliance may be amended within 1 year from the date that the original report was received by the Commission or 1 year from the filing deadline for the original report, whichever date is later. An amended report shall be executed in the same manner as the report it is amending and shall be accompanied by the filing fees specified for such original report, to include late filing fees if appropriate.
D. Revenue From Filing and Other Fees.
The fees specified in these Regulations and fees paid by certified specialists shall be used only to defray operating expenses of the Commission and its staff and may be adjusted by the Commission from time to time in order to produce the actual income required for the expenditures, plus a reasonable reserve fund.
A. Active Members.
1. Automatic Suspension. An active member of the South Carolina Bar who is neither exempt nor excused from the requirements of Regulation II(A) and/or VI(A) and who has failed to comply with these requirements by January 31 shall be automatically suspended from the practice of law.
2. Notice of Suspension. Notice of suspension will be provided to suspended members, the Clerk of the South Carolina Supreme Court, and to the judge or judges of the judicial circuit in which any suspended lawyer principally practices and/or maintains a principal residence. Suspended members will also be advised that unless they comply and are reinstated by the Commission by March 1, their names will be published in the Advance Sheets.
3. Publication of Names of Suspended Lawyers. The names of suspended lawyers who have not been reinstated by March 1 shall be provided to the Clerk of the South Carolina Supreme Court for publication in the Advance Sheets.
B. Judicial Members.
Any judicial member specified in Rule 504(a), SCACR, who is not exempt from the requirements of Regulation II(B)(1), II(B)(2), and/or VI(B) and who is in violation thereof shall be notified of the violation by certified mail at the judicial member's last known address. The judicial member shall then have 60 days after the date the notice was mailed to file an affidavit responding to the notice. Any response may include documents establishing that the judicial member concerned has cured the deficiency. If any judicial member fails to respond to the notice of violation or if after considering a judicial member's response the Commission believes the judicial member is still in violation of Rule 504, SCACR, and these Regulations, the Commission shall report the matter to the South Carolina Supreme Court for action as deemed appropriate by the Court.
VIII. Petition for Reinstatement
A. Reinstatement by the Commission.
An active member of the South Carolina Bar who has been suspended for failure to comply with these Regulations may petition the Commission for reinstatement. Petitions for reinstatement by the Commission must be received by the Commission not later than April 1. Each petition for reinstatement shall be accompanied by proof that the petitioner is then in compliance and that a reinstatement fee of $100.00 plus filing fees and late fees have been paid. If the petitioner is found to be in compliance by the Commission, to include payment of all fees, the petition shall be granted and the Commission will notify the petitioner, the Clerk of the South Carolina Supreme Court, and the judge or judges of the judicial circuit in which the petitioner principally practices and/or maintains a principal residence. The Commission shall inform the petitioner of the curative actions necessary for reinstatement if the petition is found not to be in compliance.
B. Reinstatement after April 1.
Petitions received after April 1 will be returned to the petitioner who will be informed that the petition for reinstatement must be filed with the Clerk of the South Carolina Supreme Court.
C. Notice to the Clerk of the South Carolina Supreme Court.
Promptly after April 1, the Commission shall provide to the Clerk of the South Carolina Supreme Court the names of all lawyers who remain suspended.
IX. Waivers and Extensions
In individual cases involving extraordinary hardship or extenuating circumstances, the Commission may waive or modify the requirements of Regulation II(A) or extend the requirements of Regulation VI(A). When appropriate, and as a condition for any such waiver or modification, the Commission may proportionally increase the member's requirements for the succeeding calendar year. For example, if a member receives a waiver of 6 hours credit for one calendar year, the requirement for the following calendar year may be increased by 6 hours.
The Commission has no authority to extend the deadlines for compliance reporting or automatic suspension and all requests for such extensions made to the Commission will be denied.
Any judicial member or active member of the South Carolina Bar or any sponsor aggrieved by a decision or action of the Commission may request reconsideration. A request for reconsideration must be submitted to the Commission (a) in writing, (b) within 30 days from the mailing of notice of the decision to the requesting judge or active member of the South Carolina Bar or sponsor or the publication of notice of the action in the South Carolina Bar News (or successor publication), and (c) may be accompanied by supporting evidence or documentation including affidavits. The request for reconsideration may, but need not, include a demand for a hearing. If a hearing is demanded, the judicial member, active member, or sponsor requesting the hearing will be heard by the Commission or by a committee appointed by the Commission for that purpose and may present evidence and argument in support of the request for reconsideration.
XI. AppealsAny person aggrieved by the operation of these Regulations and who has exhausted all other remedies available hereunder, may petition the South Carolina Supreme Court for redress; provided, however, that any such appeal must be submitted to the Court, in writing, not later than 30 calendar days after notice of final action by the Commission is mailed (via United States Postal Service) to the individual concerned.
These Regulations were approved by the South Carolina Supreme Court by an order date October 12, 2001.
Per SCACR Rule 408, the Supreme Court requires that all SC Bar members (with noted exceptions) complete at least fourteen (14) hours of approved CLE courses each reporting year.What are the CLE requirements for Il? ›
The MCLE requirements for the 2020-2022 reporting period are 30 hours of approved Illinois MCLE credit, including at least six professional responsibility (PR) hours. At least one hour in diversity and inclusion CLE and one hour in mental health and substance abuse CLE must be included within those six hours.What are CLE requirements for Ohio? ›
For each biennial compliance period, each attorney must complete a minimum of 24 credit hours of CLE (including 2.5 Professional Conduct (PC) credits), which may include, up to 12 self-study hours.How many CLE hours do I need in Louisiana? ›
What are the LA CLE Requirements for Experienced Attorneys? Experienced Louisiana attorneys must complete 12.5 CLE credits each year, including at least 1 hour of Ethics CLE and at least 1 hour of Professionalism CLE.How many CLE hours do I need in Minnesota? ›
Minnesota-licensed lawyers on active status must report at least 45 continuing legal education (CLE) credit hours every three years. Included in the 45 credit hours must be a minimum of 3 ethics or professional responsibility credit hours and a minimum of 2 elimination of bias credit hours.How many hours of continuing education are now required in SC? ›
Resident producers subject to a continuing education (CE) requirement may comply by earning 24 credit hours in each two-year period ending with the producer's month and year of birth. Producers born in an even numbered year must comply by the end of the birth month in even numbered years.How many CLE credits can you carry over in IL? ›
Illinois CLE Requirements At A Glance
You may carry over a maximum of 10 credit hours, including PR hours. These 10 hours may be carried over only to satisfy the next consecutive period's requirements.
- Sign into your member profile at My State Bar Profile. ...
- After you sign in, you'll see a number of options under your name and State Bar number.
- Choose the fourth option titled “CLE Summary and Tracking Tool.” Click on “Review the number of MCLE hours I have earned.”
You must finish earning your credits by June 30 and report your compliance with the MCLE requirements to the MCLE Board by July 31. To report your credits or to confirm your 2-year reporting period, visit www.mcleboard.org and click on "Attorneys Enter Here." Log in with your ARDC number and click on "My MCLE."
Continuing Legal Education (CLE) offers attorneys education beyond the minimum the State Bar requires to help stay current with new laws or expand their legal expertise.Why is it important to CLE? ›
To do so, Continuing Legal Education (CLE) is a valuable tool that can help improve a lawyer's standing professionally. But why is continuing legal education important? Simply put, CLEs help lawyers stay current on the latest legal developments as well as sharpen their skills.Why is CLE important? ›
The post-bar admission education that attorneys must periodically present evidence of completing is formally referred to as Continuing Legal Education (CLE). By regularly presenting their CLE, attorneys show evidence that they're still on top of the information needed to make them credible legal counsel professionals.How many times can you take the Louisiana bar? ›
The Louisiana Supreme Court has recently placed a limitation on the number of times an applicant may sit for the Louisiana Bar examination. Applicants shall have only five (5) attempts to pass the examination.How many hours of continuing education does MN require yearly? ›
Yes, all licensees in Minnesota are required to complete 15 hours of continuing education each year.How many units is MCLE compliance? ›
Subject to the exemptions listed in Sections 1 and 2, Rule 7 of the Rules, every member of the IBP must complete at least thirty-six (36) credit units of mandatory continuing legal education (MCLE) every three (3) years during the compliance period as provided in Rule 2 and these Implementing Regulations.How many professional development hours are required for teachers in Minnesota? ›
MANDATORY RENEWAL REQUIREMENTS FOR THE RENEWAL OF FIVE-YEAR LICENSES. The renewal of five-year teaching/related services licenses requires the completion of 125 hours of professional development that have been approved through the local school district's continuing education committee.How many teaching credits do I need to renew in SC? ›
Educators must earn a minimum of 120 renewal credits within a set time frame to meet renewal requirements. Valid certificates must meet requirements within their current certificate's validity.How many hours of CE must be completed every 2 years quizlet? ›
Producers must complete 24 hours of continuing education every two years, 3 of which must be in ethics.What is the minimum number of continuing education hours that must be completed on the topics of ethics? ›
A minimum of 16 hours must be earned per year, two of which must be on ethics. Enrolled agents must use an IRS approved CE provider.
In this case, the best way to calculate how many continuing education hours a course provides is to add up the hours, multiply by 60 (to get the total minutes) and then divide by 50.How many hours is a CE? ›
One (1) Continuing Education Unit (CEU) equals ten (10) contact hours of learner interaction with the content of the learning activity, which includes classroom, self-paced instruction, pre/post assignments, and/or homework in support of a learning outcome.How many hours of continuing education does she need to document to meet the biennial CE requirement in Kentucky? ›
Continuing Education (CE)
All actively licensed agents are required to attend six (6) hours of continuing education courses sponsored or approved by the Commission.
Illinois General CLE Rules
Minutes per credit hour: 60 minutes. To calculate credit for a specific program, divide the total length of the program in minutes by 60 and round down to the nearest quarter hour.
With a few exceptions, all attorneys who are actively practicing law in California must complete ongoing legal training referred to as Minimum Continuing Legal Education (MCLE). The State Bar establishes and monitors compliance with the MCLE requirements for California licensees.How many MCLE credits are required in Texas? ›
Newly admitted attorneys in Texas must complete the 15 hour minimum CLE credits needed for a regular one-year MCLE compliance year during the initial 24-month MCLE compliance year, including the Justice James A. Baker Guide to Ethics and Professionalism in Texas course.How many CLE credits can you carry over in NY? ›
Q] May I carry over CLE credits from one biennial reporting cycle to the next? A] Once an experienced attorney has completed the 24 CLE credit requirement, a maximum of 6 additional credits earned may be applied toward the next reporting cycle.What is CLE certificate? ›
Continuing legal education (CLE), also known as mandatory or minimum continuing legal education (MCLE) or continuing professional development, consists of professional education for attorneys that takes place after their initial admission to the bar.How long do you have to keep MCLE records in California? ›
How long must I keep my compliance records? MCLE records should be kept at least one year from the date compliance is reported online. Records should be kept in the event that an attorney's compliance is audited.Does Illinois have CLE reciprocity with? ›
Illinois CLE Reciprocity
Illinois does not accept CLE credits from other states.
Continuing legal education (CLE), also known as mandatory or minimum continuing legal education (MCLE) or, in some jurisdictions outside the United States, as continuing professional development, consists of professional education for attorneys that takes place after their initial admission to the bar.What is MCLE credit? ›
Minimum Continuing Legal Education (MCLE) is classified under different categories, participatory or self-study credit. The difference is generally whether you take a course in person or through electronic media with other participants, or if you study the material alone.What do you mean by continuing legal education? ›
Earning the credits entails studying or teaching specific topics or courses in important and upcoming legal fields for a certain number of hours throughout the year. Publishing a certain number of legal articles, doing some pro bono work, or even judging moot courts also earn credits.Does Ohio have a mandatory or voluntary bar association? ›
In Ohio, most lawyers are members of the Ohio State Bar Association, a voluntary bar association. There is also a national bar association, and there are bar associations in every county and large city in Ohio, as well as some associations based on types of practice or other unifying characteristics.Is California a 50 minute or 60 minute CLE state? ›
Calculating credit hours
Hours are rounded up or down to the nearest quarter-hour and expressed in decimals. California requires that providers give 60 minutes for each hour of instruction.
Purpose of the MCLE. – Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.How do you develop a CLE? ›
- Pick Impactful CLE Topics & Speakers. ...
- Embrace Diversity in CLE Speakers. ...
- Make the CLE Super Interesting. ...
- Be Practical, Not Theoretical. ...
- CLE Attendees Must Be “All In” ...
- Leverage Technology. ...
- Use Social Media.
Cleveland is known for its beautiful parklands, vibrant art and culture scene, musical history, and Cleveland Clinic medical center. It has several sports teams (Browns, Cavaliers) and is often called the birthplace of rock and roll. Established in 1796, it has continuously developed its identity.What does the Ohio State Bar Association do? ›
It's the largest Bar Foundation in the United States and gives grants and supports programs that address specific legal needs, honors the accomplishments of the legal community, and has built an army of attorneys across the state who support and fight for the OSBF's mission.How many hours of continuing education must be dedicated to South Carolina laws and regulations? ›
General Standards 1. Each licensee shall complete Continuing Professional Education (CPE) that contributes directly to his or her professional competence. a. Each licensee shall earn forty (40) credit hours of acceptable CPE each calendar year as a condition of obtaining a renewal license ("Required CPE Credit Hours").
After your first renewal, all cosmetologists, estheticians, and nail technicians are required to complete a total of four (4) continuing education hours of training. In a classroom setting or online.How many hours are considered full-time in the state of South Carolina? ›
C. In the event that a non-exempt employee works more than 40 hours per week, the Overtime/ Compensatory Time Policy must be followed and the use of premium time (time and a half) must be recorded.Is 32 hours full-time in South Carolina? ›
"Full-time employee" - As a general rule, it shall be presumed that an employee who works at least 35 or more hours per week is a full-time employee. However, if the facts show that a lesser number of hours is standard or customary for a particular job or industry, then a lesser number may be allowed.What is the minimum number of continuing education hours that must be completed on the topics of ethics? ›
A minimum of 16 hours must be earned per year, two of which must be on ethics. Enrolled agents must use an IRS approved CE provider.How many hours of continuing education must Agents complete each licensing term? ›
A. Life-only agents, accident and health agents, property broker-agents, casualty broker-agents, or personal lines broker-agents: 1. Complete a minimum of 24 continuing education (CE) credit hours for the license type during each two-year license term.How many hours of continuing education is required for renewal in NC? ›
2-year licensure period/renewal cycle requires documentation of 40 contact hours of continuing education with at least 4 hours of ethics focused training.Which state requires the most hours for cosmetology? ›
|1||Massachusetts||1000 clock hours|
|2||Kentucky||1800 clock hours|
|3||South Dakota||2100 clock hours|
|4||Nebraska||2100 clock hours|
If you have a license that has been expired for less than three (3) years, you must contact the South Carolina State Board office at (803) 896-4588. 2. If you have a license that has been expired three (3) years but less than four (4) years, you must complete a First Time application and take the theory examination.How many hours are required for South Carolina cosmetology license? ›
Cosmetology – have successfully completed a 1,500 hour course of instruction in a board-approved school of cosmetology. Esthetician – have successfully completed a 450 hour course of instruction in a board-approved school of cosmetology.Can my employer force me to take a lunch break South Carolina? ›
South Carolina Law: No Meal or Rest Breaks Required
Employers in some states are required to provide a meal break, rest breaks, or both. South Carolina isn't one of them, however.
If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked.Is it legal to work 7 days a week in SC? ›
Work Hours in South Carolina
There are no state or federal laws regarding how many hours employees may work each week, unless they are under the age of 20.
On the first day of the week, commonly called Sunday, it shall be unlawful for any person to engage in worldly work, labor, business of his ordinary calling or the selling or offering to sell, publicly or privately or by telephone, at retail or at wholesale to the consumer any goods, wares or merchandise or to employ ...Are 15 minute breaks required by law in South Carolina? ›
There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period.Can an employer change your schedule last minute South Carolina? ›
In most cases, yes. Federal employment laws—most notably the Fair Labor Standards Act (FLSA)—allow for a number of employer changes, including changing the employee's schedule.