To be or not to be — exempt
By Psyche Pascual
Staff Writer
Sunnyvale attorney Michael A. Nichols
had been practicing for more than 40 years, regularly fulfilling his Minimum
Continuing Legal Education requirements when he hit a snag. On June 14, he
wrapped up his law practice and retired.
Even though he was retiring,
he’d already completed 25 hours of MCLE before filing for inactive status.
“I finished my hours like a good
attorney, and I tried to report it,” Nichols said. But he was caught offguard
when he couldn’t file a compliance report on My State Bar Profile. “Much
to my surprise, I found out I didn’t have to do it.”
Nichols had never been through
an MCLE audit, so he contacted the State Bar to make sure that he was not
required to report his hours. “I’m the kind of guy who makes sure it says what
I think it says,” Nichols said.
Fortunately for Nichols, he
didn’t have to do anything else because he is inactive.
Some attorneys who fall under
certain categories aren’t required to fulfill their MCLE hours because they are
claiming an MCLE
exemption. Unlike the automatic reprieve Nichols got, attorneys who are
exempt don’t have to complete MCLE hours. But they still have to file a report
on their exempt status or face penalties.
Although MCLE
rules do spell out which categories of attorneys are exempt, they may be
confusing, says Dina DiLoreto, managing director for member records and
compliance.
“Unfortunately, one of the
problems that come up when attorneys are audited is that some misunderstand the
exemptions,” DiLoreto said. “Attorneys risk failing an audit by filing a false
declaration when they may have a misunderstanding about the [exemption]
categories.”
Here are some examples of
lawyers who can claim an exemption.
Certain public officials
What’s one thing Gov. Jerry Brown and state
Attorney General Kamala Harris have in common? Both are active attorneys, but are
exempt from completing MCLE hours under Rule 2.54(A)(1).
That’s not true for superior court attorneys, mayors and city council
members. So even if you’re the
mayor of a large city like Los Angeles, and you’re an active attorney and can’t
claim another exemption, you still have to report your hours to the State Bar.
New lawyers
If you’re in the batch of new attorneys
who took their oaths in December, and you’re in group 3, you don’t have to
comply with MCLE reporting by Feb. 3. Lawyers new to California who have been
active for less than four months also don’t have to comply by Feb. 3.
Certain California state and
federal attorneys, administrative law judges and clerks
State attorneys and administrative
law judges may claim exemptions as well, as may law clerks and attorneys who
work for the military. They do not have to be full-time as long as they are permanent
or probationary state employees who don’t otherwise practice law.
However, there’s a group that’s
NOT covered under the exemptions, including district attorneys, public defenders,
court commissioners, county and city attorneys and attorneys who work for the
University of California or the State Bar.
Full-time professors
The rules also exempt attorneys
who are full-time instructors at a law school accredited by the State Bar of
California, the American Bar Association (ABA), or both. Part-time instructors,
however, must comply. But depending on how
many hours they teach, part-time and adjunct professors can claim MCLE
credit for many of those courses.
Remember that claiming an MCLE exemption
doesn’t excuse attorneys from reporting their exempt status. Remember to file a
report on My State Bar
Profile, and if you still have a question, call the MCLE program at
888-800-3400 to make sure you really are exempt.