Cost of MCLE is prohibitive for sole practitioner
I enjoy taking the Minimum
Continuing Legal Education (MCLE) classes offered online. My biggest
problem is the cost. I’m already on a reduced payment plan for my bar
dues. Even spread over a long period of time, the costs add up. I am
considering going inactive or some other alternative status merely to avoid the
MCLE requirement. I hope the discussions include an examination of the cost to
a sole practitioner, or some sort of senior discount. I don’t think the
number of credits required is unreasonable, just the cost. Thank you for your
consideration.
Luise Healey
Irvine, Calif.
Rethink MCLE rather than increase hours
The California State Bar is considering
revising its MCLE (Minimum Continuing Legal Education) rules, with the
possibility of increasing the current hours requirement. The bar needs to
rethink, to sharpen, and to strengthen its MCLE rules rather than increase the
hours requirement.
The State Bar should more carefully define the objectives of
MCLE. Requirements should respond to the purposes of mandatory requirements for
CLE. Rules should address the minority of attorneys who
otherwise would not maintain an acceptable level of substantive competence in
the law.
Rules should define MCLE in terms of education and currency
in substantive and procedural law. Classes qualifying for MCLE credit should be
based on substantive legal subjects, stressing current issues and developments.
Rules should require lawyers as speakers for approved MCLE classes. Current
standards are fluffy. Current rules permit MCLE classes in peripheral subjects
of interest to lawyers taught by non-lawyers. Traditional education is
organized around three basic principles – classroom, reading, and assessment.
These principles are important for education that professionals will retain
outside of the classroom.
MCLE rules should require substantive written materials (not
PowerPoint slides) for all qualifying MCLE classes. Current standards require
written materials only for classes of more than one hour. MCLE rules should
require testing within 30 days after all classes. Retention from MCLE programs
typically is short. MCLE classes without an assessment component lead to poor
retention. Current rules require classes in addressing bias and substance
abuse. It is doubtful that current classes reduce or treat bias or substance
abuse. Delete these requirements as ineffective.
Preferred providers should electronically report results to
the bar. Delete written certificates of attendance. The bar also should seek
ways of decreasing the cost of satisfying MCLE requirements to make MCLE more
affordable.
Terence Cuff
Los Angeles
California Bar Journal letters must include
full name with a daytime telephone number
and complete address. Send letters to
cbj@calbar.ca.gov.