Section 20. Requirements and computations

A. Each active member, other than a newly-admitted member or a member with a limited intellectual property admission as defined in 15VAC5-70-10, shall complete, during each reporting period in which he is an active member for any part of it, a minimum of 12 credit hours of approved continuing legal education courses, of which at least two hours shall be in the area of legal ethics or professionalism, by obtaining credit in the manner hereinafter provided, unless expressly exempted therefrom pursuant to the provisions of 15VAC5-70-100.

B. Credit will be given to a member who personally attends an approved course and to a member who prepares written materials for an approved course and to a member who personally participates as an instructor for such course. Credit in the area of legal ethics or professionalism will be given a member who attends a course approved for credit in such area, and to a member who personally prepares materials for a qualified ethics or professionalism component of such course, and to a member who personally participates as an instructor for such a component.

C. Credits for attendance will be awarded on the basis of time spent in personal attendance at an approved course which meets the standards of this chapter. Credits for teaching will be awarded on the basis of time spent in personal participation as an instructor at an approved course. However, no credit will be awarded for teaching and preparation of a "specially approved course or program." Credit hours will be computed by calculating the total instructional minutes attended or taught for the course, rounded to the nearest half hour. Credit will not be given for time spent in meal or coffee breaks. Credit will not be given for keynote speeches or introductory remarks or time spent on any subject matter which is not directly related to instruction pertinent to that course.

EXAMPLES:

1. A member attends a one-day course or seminar with seven segments, each lasting 50 minutes. Two of the segments are in the area of legal ethics or professionalism under the standards set forth in 15VAC5-70-30. Credit hours will be computed by calculating the total instructional minutes rounded to the nearest half hour. Since there are 350 total instructional minutes (five hours, 50 minutes) the board will round this time to the nearest half hour and the member will receive six hours credit, not seven. Of such six hours credit, 1 ½ hours (100 minutes rounded to the nearest half hour) will be in the area of legal ethics or professionalism.

2. A member attends a course or program which is presented all day Friday and on Saturday morning. The member attends a three hour and 15 minute Friday morning session; a two hour and 15 minute Friday afternoon session; and a three hour and 10 minute Saturday morning session. Since the total instruction time is eight hours and 40 minutes for the two-day program, the board will round this time to the nearest half hour and the member will receive 8 ½ hours of credit.

3. A member attends a course or program which is advertised as having been "approved by the Virginia Mandatory Continuing Legal Education Board" for six credit hours, of which 1 ½ apply in the area of legal ethics or professionalism. No further computation need be made by the member if he attends the entire course or program.

4. A member personally teaches any of the courses in the previous examples. The teaching member will receive credit hours for teaching time computed in the same fashion as the credit hours are computed for the attending member.

5. A member is a teacher at a one-day course or program with seven segments, each lasting 50 minutes. Application forms are filed certifying that the member taught one segment and also attended one segment. The member did not attend or teach the other five segments. Since the member attended or taught 100 total instructional minutes for the course, the board will round this time to the nearest half hour and the member will receive 1 ½ hours of credit. The member does not receive one credit hour for 50 minutes teaching plus one credit hour for the other 50 minutes attending.

D. Credits for preparation will be awarded on the basis of time spent by the member (i) in preparing written materials which meet the standards of this chapter for use in the presentation of an approved course; and (ii) in preparing a personal presentation as an instructor for an approved course. The number of preparation minutes eligible for credit shall not exceed four times the number of instructional minutes in the presentation which is being prepared. Credit hours will be computed by calculating the total minutes spent in preparation for the course, rounded to the nearest half hour. In no event shall more than eight hours of credit be awarded for preparing a single course or program.

EXAMPLES:

1. A member prepares thorough, high-quality instructional written materials which appropriately cover the subject matter for an approved program which lasts 120 minutes. The member certifies that eight hours or more was spent preparing the written materials. The board will award eight credit hours for preparation time. This does not exceed the maximum limit of four times the presentation time of the program and is consistent with the maximum limit of eight hours of credit for preparing a single course or program.

2. Same as example 1 above except the member also taught the entire program and certifies that an additional eight hours or more was spent preparing for the presentation as an instructor. This is a total preparation time of 16 hours. The board will still award eight credit hours for preparation time because this is the maximum limit of four times the presentation time and also because this is the maximum limit of credit for preparing a single course or program. However, the member will be awarded two credit hours for teaching time and will therefore receive a total of 10 credit hours for the activities in preparing and teaching the program.

3. A member teaches at a course approved for five credits including one ethics credit. The member certifies that he taught the morning ethics segment of 20 minutes. The member further certifies that one hour and 20 minutes was spent preparing for the presentation. Since the member taught 20 minutes the board will round this time to one half hour teaching credit. Eighty minutes (four times the presentation time) of the member's preparation time is also eligible for credit. The board will round this time to the nearest half hour and the member will receive 1 ½ hours of preparation credit. The member will therefore receive a total of two hours CLE credit including two hours ethics credit for preparing the ethics segment.

E. A one-year carryover of credit hours will be permitted, so that accrued credit hours in excess of one year's requirement may be carried forward to meet the requirement of the following year. From the 1990-91 reporting period an active member may carry forward a maximum of 10 credit hours toward the 1991-92 requirement, none of which may be counted toward the two hours required in the area of legal ethics or professionalism. Thereafter, a member may carry forward a maximum of 12 credit hours, not more than two of which, if earned in the area of legal ethics or professionalism, may be counted toward credit hours required in such area.

F. A member shall not receive credit for any course attended in preparation for admission to practice law in any state, nor for attending the legal ethics course required by Paragraph 13.1 of the Rules of the Virginia Supreme Court, unless such course has been approved by the board pursuant to this chapter. A member shall not receive credit for teaching that is directed primarily to persons preparing for admission to practice law. Regular full-time, part-time and adjunct academic faculty shall not receive credit for teaching any law school courses (undergraduate or graduate) or bar review courses. A member attending law classes, for a purpose other than preparing for admission to practice law, may receive credit in accordance with the manner described in subsection C of this section.

Historical Notes

Derived from VR167-01-601 § 2, eff. July 1, 1991; amended, Volume 11, Issue 11, eff. July 7, 1993.

Statutory Authority

§ 54.1-3910; Part 6, §IV, Paragraph 17 of Rules of Virginia Supreme Court.