Surge in problem filings reported in latest MCLE audit
By Laura Ernde
Staff Writer
More lawyers had trouble with this year’s MCLE audit. But it
didn’t come as a surprise.
For the first time, bar auditors focused their efforts on
those who were at higher risk of not complying with Minimum Continuing Education
Requirements.
Audit letters went out in August to 5,500 attorneys (or
about 8.5 percent of those whose last names begin with the letters N through
Z).
Of those, 2,300 were attorneys with various risk factors for
doing poorly, including those who had to make up missing hours as a result of
being audited in 2011 and those with a history of administrative actions or
late filing of MCLE compliance. The remaining 3,200 were chosen at random from
the group that reported Feb. 2.
One in four of those who received letters ran into problems
proving they had taken the required 25 hours of courses in the previous three
years, according to statistics from the Office of Member Records and Compliance.
That rate was significantly higher than the previous two years, when it was
13.4 percent and 16 percent respectively.
However, the majority of those audited were able to bring
themselves into compliance and avoid either administrative or disciplinary
action.
Ultimately, 136 attorneys (2.9 percent) were placed on
administrative suspension for noncompliance or failing to respond to the audit.
Auditors are still determining the number of those will be
referred to the Office of Chief Trial Counsel for possible disciplinary action.
Since 2011, a total of 210 attorneys have been referred to bar prosecutors. So
far 37 lawyers have been disciplined – most of them for falsely reporting that
they were in compliance. Three others received permission from the Supreme
Court to resign with charges pending.