Section 30. Standards for approval of programs

A. A course is approved for credit if it has been specifically approved by the board or is presented by an accredited sponsor previously designated by the board under the provisions of 15VAC5-70-50. A course is approved for credit in the area of legal ethics or professionalism if and to the extent specifically approved by the board. A course presented by an accredited sponsor is also approved for credit in the area of legal ethics or professionalism if and to the extent so represented by such sponsor.

B. The course must have significant intellectual or practical content. Its primary objective must be to increase the attendee's professional competence and skills as an attorney, and to improve the quality of legal services rendered to the public.

C. The course must pertain to a recognized legal subject or other subject matter which integrally relates to the practice of law, or to the professional responsibility or ethical obligations of the participants.

D. A course may be approved for credit in the area of legal ethics or professionalism only to the extent that the course constitutes or contains one or more qualified ethics or professionalism components as defined in 15VAC5-70-10. A minimum scheduling of 30 minutes in the aggregate of one or more qualified ethics or professionalism components is required before an approved course can be approved for credit in the area of legal ethics or professionalism.

EXAMPLES:

1. A sponsor's application for approval of a one-day program comprising seven 50-minute segments states in relevant part "each speaker will devote 10 minutes of allotted time to ethical considerations." The program does not contain a qualified ethics component and is not eligible for approval for credit in the area of legal ethics. The requirement that a qualified component be a "clearly defined segment" is not met. Such segment must be capable of identification on the schedule and have a defined beginning and end.

2. A sponsor's application for approval of a one-day program reveals in relevant part that the opening 30-minute morning segment is clearly identified as devoted to ethical considerations and that the concluding 20 minutes of the afternoon session is also clearly identified as devoted to ethical considerations. Assuming that other requirements for course approval are met, the board will approve the program for one hour credit in the area of legal ethics or professionalism. (See 15VAC5-70-20.)

E. Courses must be conducted in a setting physically suitable to the educational course or program. A suitable writing surface should be provided.

F. Thorough, high quality instructional written materials which appropriately cover the subject matter must be distributed to all attendees at or before the time the course is presented. A mere agenda or topical outline will not be sufficient.

G. Each course shall be presented by a faculty member or members qualified by academic or practical experience to teach the subjects covered.

H. An audio or video program presented in a group setting (at least two attorneys in attendance) lending itself to discussion and exchange of ideas among the attendees will be approved, whether or not faculty or moderators are present in person or by telephone, provided that the subjects, faculty qualifications and written materials comply with this chapter. No course will be approved that involves only self-study.

I. A program offered "in-house" will be approved by the board if it meets the standards of this chapter and if the approval procedures prescribed by this chapter are followed.

J. Participation in deliberative groups concerned with law reform, judicial administration, or regulation of the profession will not be approved for credit.

K. A course that does not meet the requirements of paragraphs B and C of this section may, on application of a member, be approved as a "specially approved course or program" for the applicant where the board is satisfied that the course has significant value to the applicant's practice. Thus, for example, in appropriate cases courses on engineering, accounting, or medical topics may be approved for a particular member.

Historical Notes

Derived from VR167-01-601 § 3, 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.