Posted: November 9, 2022

Rules Governing the Utah State Bar – Mandatory Continuing Education – Comment Period Closed December 24, 2022

The Utah Supreme Court’s Board of Mandatory Continuing Legal Education (MCLE Board) proposes amending the MCLE rules listed below. On the whole, these amendments update terminology, replacing “Live CLE” with “Verified CLE” and “Self-Study CLE” with “Elective CLE.” Rule 14-404 also clarifies some issues around the New Lawyer Training Program. And Rule 14-419 offers a new avenue for Bar licensees to obtain CLE credit: pro bono work.
Pro bono cases inherently contain an educational component because they often fall outside the licensee’s normal practice area. And there is always a large need for volunteers. As such, the Judicial Council’s Standing Committee on Resources for Self-represented Parties and the Bar’s Access to Justice Commission proposed allowing CLE credit to be given for pro bono service under the conditions identified in Rule 14-419.
The MCLE Board has, in turn, proposed a two-year pilot project to test whether the purposes for which CLE credit is given—providing education that contributes directly to a licensee’s competence, skills, professionalism, and civility—will be realized in Rule 14-419, and also whether such a rule will incentivize licensees to perform more pro bono services.

USB14-0402. Definitions. AMEND. Terminology amendments.  

USB14-0404. Active status lawyers MCLE, NLTP, admission on motion, multi-state compliance reciprocity, house counsel and UBE requirements; MCLE requirements for Paralegal Practitioners. AMEND. Terminology amendments; clarifications around the New Lawyer Training Program.

USB14-0408. Credit hour defined; application for approval. AMEND. Terminology amendments.

USB14-0409. Categories of Elective CLE defined. AMEND. Terminology amendments.

USB14-0410. Accreditation of CLE; undue hardship and special Accreditation. AMEND. Terminology amendments.

USB14-0411. Board Accreditation of CLE. AMEND. Terminology amendments.

USB14-0412. Presumptively approved CLE providers; presumptive CLE Accreditation. AMEND. Terminology amendments.

USB14-0413. CLE Accreditation for qualified audio and video presentations,  webcasts, computer interactive telephonic programs, writing, lecturing, teaching, public service, and live attendance. AMEND. Terminology amendments.

USB14-0414. Certificate of compliance; filing, late, and reinstatement fees;  suspension; reinstatement. AMEND. Terminology amendments.

USB14-0418. Remote group CLE. AMEND. Terminology amendments.

USB14-0419. CLE Credit for Pro Bono Legal Services. NEW. Proposes a two-year pilot project that would provide CLE credit for pro bono services performed under the auspices of a Utah court, the Utah State Bar, or a sponsoring entity.

This entry was posted in -Rules Governing the State Bar, USB14-0402, USB14-0404, USB14-0408, USB14-0409, USB14-0410, USB14-0411, USB14-0412, USB14-0413, USB14-0414, USB14-0418, USB14-0419.

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5 thoughts on “Rules Governing the Utah State Bar – Mandatory Continuing Education – Comment Period Closed December 24, 2022”
  1. Jeri Allphin

    Thank you so much for these changes. It was very difficult to complete live CLE requirements while living in remote parts of the state.

     
  2. Michael A Harrison

    Granting MCLE credit for pro-bono service is a very welcomed step that would seem to address at least two issues:
    –taking a CLE class that has little relevance to an attorney’s practice simply to fill the MCLE requirement
    –encouraging much needed pro-bono service by attorneys
    My one question is why not allow pro-bono related credit for up to 50% of the total required rather than just 2 hours?

     
  3. Lani Harris

    was very happy to see this proposal because I think it is a necessary step in the right direction. One of the most effective methods of learning and study is ‘active learning’ or ‘discover learning’ which is, in essence, learning by doing. This encourages attorneys to take what they learn from a CLE and put it into practice in pro bono work. The combination of the two promotes a deeper understanding of the legal principles and moves the information from short-term memory to long-term memory. This is a great incentive and reward for attorneys to do pro bono work and ultimately become better attorneys in the process. Personally, I would look forward to this change for me as I seek to become a more well-rounded attorney and learn through some of the many pro bono opportunities offered in our state. Professionally, I feel like this would increase the number of attorneys willing to do pro bono work through our organization and many others. Just today, a patent law attorney reached out to do family law pro bono work with us. We do offer CLEs the attorney can attend to learn more about family law but training them through the pro bono work will fast track their learning and give them the experience they need. Offering them CLE credit for that pro bono work would be a well-deserved and logical incentive.

     
  4. Marcus Degen

    I strongly endorse these proposed changes. It has been long studied and reported just how high the barriers to justice are for individuals facing routine eviction, debt collection, immigration, and domestic relations cases are; and this proposal feels like a significant step towards bringing down those barriers. Many attorney-volunteers appear for hours and hours of pro bono service every month in this state, and it is still not anywhere close to the level of need, particularly where stagnating wages and the rising costs of even routine legal services make it almost impossible for even middle-class Utahns to afford paid legal representation. I concur that increased volunteer service in these types of cases will be intrinsically good for the legal profession as a whole, as well as provide strong benefits for the individual attorneys doing this volunteer service to see what different areas of legal practice may look like. Accordingly, I believe adding this particular incentive for attorneys to engage in volunteer service would both meet a desperate need in the community as well as improve the practice of law writ-large.

     
  5. Jenny Hoppie

    As a recent law school graduate, I can attest that some of the most valuable learning experiences I encountered during law school came from participating in pro bono work. The pro bono clinics I have participated in (both during law school and since graduation) provided hands-on opportunities for me to apply the legal theories I was studying; challenged both the breadth and depth of my knowledge, and my ability to apply that knowledge; and significantly advanced the development of my professional identity as I worked closely with a variety of volunteer attorneys from different practice areas and with diverse professional backgrounds.