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Regulations
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These regulations express the standard
procedures of the Tennessee Commission on Continuing Legal Education and
Specialization. For compelling reasons, the Commission may suspend or alter any
part of these regulations in particular matters. These Regulations were last
reviewed, modified, and adopted by the Commission on March 18, 2008.
Definitions
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Commission: The Tennessee
Commission on Continuing Legal Education and Specialization
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Rule: The Rule for Mandatory
Continuing Legal Education, Rule 21 of the Supreme Court of Tennessee
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General Credit: Credit
applicable only to the general CLE requirement
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EP Credit: Credit applicable
only to the Ethics & Professionalism requirement
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Dual Credit: Credit
applicable to either the general or EP requirements
Section 2 Regulations
2A. Exemption Due To Physical Disability
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Exemptions from the requirements of the Rule
due to physical, mental or emotional disability may be made by the Commission
upon receipt of an application from the affected attorney. An attorney
receiving such an exemption shall be required to reaffirm when filing his or
her Annual Report Statement that the circumstances warranting such exemption
continue. In any case, such exemption shall not extend past the resumption of
the regular, active practice of law.
2B. Inactive Status with Board of
Professional Responsibility
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Attorneys on inactive or suspended status
with the Board of Professional Responsibility shall not be exempt from the
Rule.ttorneys on inactive status with the Board of Professional Responsibility
shall not be exempt from the Rule.
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Attorneys who are not actively practicing law in any
United States jurisdiction will, upon request, be granted exceptional relief by
designation as “inactive” for years while they are not practicing.
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An attorney returning to active status from either
inactive or suspended status must earn and report CLE credits sufficent to meet
the requirements of the years while inactive or suspended, to a maximum of five
(5) years prior to having his or her license reinstated.
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The provisions of this section are applicable only to
MCLE requirements and attorneys are advised to check independently with the
Board of Professional Responsibility on applicable provisions of the rules
administered by that organization.
2C. Non Residents
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Attorneys who reside outside of Tennessee and
do not practice law in Tennessee may receive exceptional relief from the Rule
upon application to the Commission.
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Attorneys who move out of Tennessee during a
calendar year and cease practicing law in Tennessee may receive exceptional
relief from the Rule for that calendar year upon application to the Commission.
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Attorneys who move into Tennessee on or
before August 31 shall be subject to the Rule for that calendar year. Attorneys
who move in after August 31 shall be subject to the Rule beginning the
following calendar year.
Section 3 Regulations
3A. Computation of Credit
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One hour of credit will be awarded for each
sixty (60) minutes of instruction, not including introductory remarks, keynote
speeches, luncheon speeches, or breaks (but including question and answer
periods). Portions of an hour will be rounded down to the nearest hundredth of
an hour.
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Each teacher involved in a joint or panel
portion of an approved activity shall receive credit as though he or she were
the only teacher.
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Approved on-site commentators at satellite or
video seminars will receive credit at the rate of two hours for each hour of
the program if they have either viewed the program in advance or otherwise
engaged in preparation appropriate to the role of commentator.
Section 4 Regulations
4A. Credit Earned While Exempt
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Hours of credit earned during a year in which the
attorney earning them is exempt from the requirements of the Rule may be
carried forward to succeeding non-exempt years only to the extent they would
have carried forward had the attorney not been exempt.
4B. Credit for Published Writing
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An attorney seeking credit under Rule 21, §4.07(b)
shall submit an Affidavit of Authorship in the form available from the
Commission. Credit will be awarded in the amount of 1 hour for every 1,000
words, not including footnotes, endnotes or citations of authority. The
attorney shall submit a word count and a statement of the percentage, if any,
of the article devoted to ethics/professionalism issues to receive appropriate
credit towrd the ethics/professionalism requirement.
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Attorneys seeking credit as joint authors shall complete an Affidavit of Joint
Authorship, available from the Commission. The authors must indicate the
division of labor for the article and how the total credits allowed should be
divided.
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Section 5 Regulations
5A. In-House Activities
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An "in-house activity" shall be defined as an
activity conducted primarily for the benefit of attorneys of a single firm,
corporation, or governmental department except as follows:
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Any joint training activity conducted for the
attorneys of a governmental department shall not be considered "in-house" if it
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is available to all attorneys in that
department on a state-wide basis, and
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at least 50% of the hours of approved
instruction are taught by persons with no continuing relationship or employment
with the department.
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In-house activities will not be approved for
continuing legal education credits in Tennessee.
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Notwithstanding
technical compliance with this regulation, the Commission may deny
accreditation to activities lacking substantive merit as a continuing legal
education activity.
5B. Remote Locations and
Distance Learning
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Remote Locations: Seminars consisting
of viewing or hearing the presentations at remote sites via electronic
transmission as part of an organized CLE event for multiple participants at
that site will receive credit if participants have a reasonable opportunity to
submit questions to the speaker at the broadcast's origination site. Programs
presented via video tape replay must have a live commentator as required by
Rule 21. Further, the Commission encourages the use of live commentators at
satellite programs to enhance the educational value of such programs. Remote
locations of live seminars are not considered a “distance learning format”
pursuant to Rule 21 Section 4.08 and are not subject to the per year maximum on
such credits established by that section.
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Distance Learning: Pursuant to Rule
21, Section 4.08 and 5.01 (f), the Commission approves the following distance
learning formats:
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on-line programs with interactive components,
accredited for actual time spent for programs involving video or audio
components, but to a maximum of one (1) hour of credit for text-only programs,
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“real-time” or “streamed” seminars whether
through "conference call" or via the internet (“webcast”) if the submission of
questions or other interactive components are included, and
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interactive stand-alone programs without a
web component if they include participation monitoring, or a testing component,
and completion certification from the sponsor, ac-credited for normal
completion time, but to a maximum of one (1) hour of credit for text-only
programs.
5C. Seminars Held Outside the United States
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All seminars held outside the United States,
even those sponsored by presumptively approved providers, must be individually
approved by the Commission.
5D. Attorney Request for Accreditation
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Any attorney may request approval in advance
of an activity to be held outside Tennessee by completing and submitting a
Uniform Application for Accreditation form available from the Commission. No
activity conducted in Tennessee will be approved in advance except on
application by the provider.
5E. Submission of Written Materials
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A provider requesting single program approval
need not submit materials provided to participants unless requested to do so by
the Commission or its staff.
5F. Applications for Reconsideration
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Upon request from an attorney or provider,
the Commission will review decisions made by staff. Requests for such review
must be in writing, state the basis for the applicant’s position that staff has
erred, and include all relevant materials for the Commission’s consideration.
In-person presentations or discussion are at the discretion of the Commission.
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The Commission will reconsider denial of credit to an
activity only upon an application showing that the Commission misapprehended a
material fact concerning such application, or that the program, subject matter
or audience for the activity has substantially changed. The Commission will not
consider an application which fails the foregoing requirements.
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Suggestions for changes in MCLE requirements or the
Commission’s policies, procedures, or regulations will be considered at the
discretion of the Commission.
5G. Law Practice Management Courses
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All requirements applicable to other seminars
apply; e.g., written substantive outlines.
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The seminar topics must be directed
specifically to attorneys, law firms or the practice of law. A seminar for
businesses in general will not qualify.
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At least 80% of the presentation must be by
attorneys or persons substantially involved with attorneys, law firms or the
practice of law.
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Presentations on marketing of legal services
will not be accredited, except to the extent they deal with ethical restraints
on marketing activities.
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Law practice management topics will receive
EP credit only. Topics dealing with ethical considerations as they relate to
law practice management or marketing of legal services will receive dual
credit.
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Topics which involve traditional areas of
substantive law, and which would be approved if presented in a context other
than a law practice, would qualify, e.g., partnership agreements, formation of
the law firm, partnerships vs. incorporation, or buy-out provisions.
5H. Ethics and Professionalism Credit
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Dual credit will be granted to programs or
topics within programs to the extent that the subject matter is the
disciplinary rules or ethical considerations applicable to attorneys.
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Law practice management topics (see 5G),
stress management, time management, staff training and supervision, substance
abuse awareness and action, general skills (e.g. speed reading), budgeting, and
similar topics will receive EP credit only. Training in courtroom presentation,
including style, vocal skills, etc., will receive general credit only. All
programs must be primarily intended for attorneys, not a general audience.
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In addition to the other requirements set
forth in this Regulation 5H, in order to qualify for either Dual credit or EP
credit, the Dual or EP topics must be presented in a session separate and apart
from the general credit topics, with specific time allocated to only such Dual
or EP topics.
5I. Law Firm Sponsored Courses
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Courses otherwise appropriate for credit
which are sponsored by law firms will be accredited if they are open in some
significant manner to a broad spectrum of the bar either in a geographical area
or in the field of practice. However, programs strictly limited to in-house
counsel for clients will not be accredited.
Section 8 Regulations
8A. Attendance Report and Evaluation
Summaries for Activities Held in Tennessee
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Pursuant to Rule 21 § 8.04, the per-hour
charge for attendance reporting is $2.00.
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The alphabetical list of attendees required
by Rule 8.02 shall include the following information:
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a number list of attendees and speakers
alphabetized by last name,
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Board of Professional Responsibility numbers
for attendees and speakers,
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an indication of which persons on the list
were speakers,
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hours of credit earned by each participant
(including additional hours awarded for teaching), and
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total number of hours of credit.
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In lieu of the printed list under subparagraph 1, a
provider may report attendees through the online attendance reporting system
available at www.cletn.com
at a discount of $1/hr of attendance reported.
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For any course submitted for accreditation through
www.Form1.org, the Commission will accredit the provider's account
$1 for use against attendance reporting fees only.
8B. Reporting Fee Waiver
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The per/hour fee assessed to sponsors on
in-state programs is hereby waived if:
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The program is priced to attorneys at
$10/hr or less;
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The gross proceeds from the program are
contributed to:
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Tennesse Lawyers Assistance Program, or
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an organization whose primary purpose is to provide legal services to those who
cannot afford them, such as:
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Memphis Area Legal Services
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West Tennessee Legal Services
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Southeast Tennessee Legal Services
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Legal Aid Society of Middle Tennessee
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Legal Aid of East Tennessee; and
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Attendance is reported electronically through the attendance reporting system
available at www.cletn.com.
Section 10 Regulations
10A. Disciplinary History Review
In reviewing the history of disciplinary
complaints against an applicant for certification, the Commission will consider
the following factors:
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The nature and seriousness, or lack thereof,
of the acts or omissions alleged. In this regard, matters dismissed as
frivolous by the Board of Professional Responsibility (the “Board”) will
normally not be considered by the Commission at all, and matters
administratively dismissed will be considered only if they are part of a
pattern of alleged action or inaction by the applicant raising questions
concerning the competency of the attorney, or the adequacy of the applicant’s
communications with clients or law practice management systems. The underlying
facts of all other complaints including those receiving “administrative” or
“investigative” dismissals, or dismissed by the Board, may be reviewed by the
Commission in accordance with these regulations.
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The nature of any discipline imposed.
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The relation of the complaints to the specialty area.
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The age and experience of the attorney at the time of
the complaint.
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The subsequent passage of time and the lawyer’s
experience and reputation since the incident.
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Any evidence of reform or rehabilitation.
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The candor and integrity of the attorney in reporting
the complaint to the Commission.
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The client references received on the attorney. The
Commission may request additional client references for this purpose.
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Whether the conduct complained of is part of a pattern
of behavior which raises questions concerning the ethics, client communication
practices, or practice management systems of the attorney in the specialty area
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Any other factors deemed relevant by the Commission.
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