In-House CLE Courses - Frequently Asked Questions

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• For Members
  
  

In-House Rules and Regs Effective January 1, 2009 — Frequently Asked Questions for Sponsors

Is our organization considered a government agency?

If your organization is a federal, state, local, or military agency or organization — or an organization primarily funded by one or more of the preceding (but excluding colleges, universities, law schools, and graduate schools) ¡V — then your organization is considered a government agency.  (Regulation 101(j))

What is the deadline by which we need to submit our Form 1 for each course?

Beginning January 1, 2009:

• Private law firms, in-house legal departments, and government agencies must submit completed Form 1s by no later than 14 days before the first presentation of a course or other CLE activity.  Failure to submit the Form 1 at least 14 days in advance of the activity may result in an imposition of a late fee and/or denial of accreditation for the activity.  (Regulation 104(a)(2)(B) and Regulation 104(a)(3)(B))
• Submit all duplicate Form 1s by no later than one day before the subsequent presentation of the previously approved activity.  (Regulation 104(a)(4))

We missed the deadline for applying for our in-house CLE event. Can we still receive accreditation for our CLE event so our attorneys earn credit?

Generally yes.  You must pay a $35 late fee, in addition to the standard application fee, when submitting your Form 1. Accreditation will then usually be determined in the normal manner.

Our organization brought in an outside provider to present a seminar. Our attorneys were taught by this provider and given materials by the provider. Isn't the outside provider the real sponsor of the course?

No.  Any private law firm, in-house legal department, or government agency (jointly called "private legal sponsors") that contracts with an outside provider is the true sponsor of the course and must register as such, even if the course is open to outside attorneys.  The private legal sponsor bears responsibility for applying for course accreditation and reporting attendance.  (Regulation 104(a)(2)(A) and Regulation 104(a)(3)(A))

Example: The law firm of Smith & Brown brings in an outside CLE provider, Justice Tutors (JT), to present a series of seminars.  Some of the seminars are open to outside attorneys and some are closed.  The attorneys are taught by JT staff and are given JT materials.  However, the law firm of Smith & Brown is considered the course sponsor.

Our organization presented a program in a hotel banquet hall and it was open to outside attorneys. How can this be considered an "in-house" activity?

We understand that, traditionally, attorneys speak of "in-house" activities as being closed to attorneys not employed by the sponsoring law firm, in-house legal department, or government agencies (jointly called "private legal sponsors").  Under the MCLE regulations , however, the "open" or "closed" nature of the activity is immaterial.  All activities sponsored by private legal sponsors are subject to the provisions of the MCLE regulations, including course accreditation application deadlines, attendance report submission requirements, and lawyer credit limitations (for the 2005-2007 and 2006-2008 reporting periods). 

What should our course evaluations include? What should we do with the completed evaluations?

Course evaluation forms can be modeled after the WSBA Model Course Evaluation, or you may download and use this form as it is.

The completed forms, or a compilation of all numerical ratings and all comments, must be retained by the sponsor for two years and copies must be provided to the MCLE Board upon request.  All course evaluation submissions should be identified by the course Activity ID number.  (Regulation102(e))

In the past, individual attendees were able to apply on their own if we chose not to apply for accreditation. Do the revisions to APR 11 and its regulations change that in any way?

Yes.  A lawyer who is associated with or employed by a private law firm or corporate legal department that maintains an office within Washington State may not apply to receive credit for a continuing legal education course sponsored by that private law firm or corporate legal department for which the sponsor did not submit a completed Form 1.  The private law firm or corporate legal department sponsor is required to submit the Form 1 in order for the WSBA-member course attendees to be able to get credit.  (APR 11 Regulation 104(b)(2)).

In-House Rules and Regs Effective January 1, 2009 — Frequently Asked Questions for Lawyers

When did the changes take effect?

The "in-house" regulations that went into effect on November 8, 2005, were replaced with new MCLE rules and regulations that went into effect on January 1, 2009. 

The in-house regulation amendments that went into effect on November 8, 2005, will apply to the 2006–2008 reporting group. This is because the 2006–2008 reporting period ended prior to the effective date of the new amendments. Therefore, the rules and regulations in effect until December 31, 2008,apply to that reporting group.

Lawyers in the 2006–2008 reporting group can earn no more than 15 credits from courses sponsored by private law firms and no more than 15 credits from courses sponsored by in-house legal departments.  For lawyers in the 2007–2009 and subsequent reporting groups, there is no limit on in-house credits.

Is my organization considered a government agency?

If your organization is a federal, state, local, or military agency or organization – or an organization primarily funded by one or more of the preceding (but excluding colleges, universities, law schools, and graduate schools) – then your organization is considered a government agency.  (Regulation 101(j))

In the past, I've been able to apply for credit on my own if a course sponsor did not apply for accreditation. Do the revisions to the MCLE rules and regulations change that in any way?

Yes.  A lawyer who is associated with or employed by a private law firm or corporate legal department that maintains an office within Washington State may not apply to receive credit for a continuing legal education course sponsored by that private law firm or corporate legal department for which the sponsor did not submit a completed Form 1.  The private law firm or corporate legal department sponsor is required to submit the Form 1 in order for you and the other WSBA-member course attendees to be able to get credit.  (APR 11 Regulation 104(b)(2))

How does the in-house limitation for events sponsored by private legal sponsors work?

Note: This information applies only to the 2005-2007 and 2006-2008 reporting period lawyers. There is no limit on the in-house credits for lawyers in the 2007-2009 and subsequent reporting periods.

The MCLE online system tracks all courses in a lawyer's given reporting period sponsored by any and all private legal sponsors (private law firms, in-house legal departments, and government agencies).  Once the sum of those activities equals the maximum allowed total credits, additional such courses will still be added to that lawyer's roster but will result in zero additional credits.

The MCLE system will not prioritize certain types of credits over others.  If you have exceeded your private legal sponsor allowance with general credits, and then take additional ethics courses from a private legal sponsor, the system will not automatically select the ethics course over the earlier-earned general-credit course.  However, you may manually edit the earlier general course to reflect zero credits, thus allowing the ethics course to count towards your ethics credit requirement.

For information regarding how you can edit your activity roster in this fashion, please contact our Service Center at 800-945-9722, 206-443-9722, or questions@wsba.org, and ask to speak to an MCLE Analyst.

I taught a seminar at one of my firm's in-house CLE activities. Is the credit I earn for my preparation time for that seminar limited under the in-house credits?

Note: This information applies only to the 2005–2007 and 2006–2008 reporting period lawyers. There is no limit on the in-house credits for lawyers in the 2007–2009 and subsequent reporting periods.

No. The time spent attending and teaching at the seminar is limited under the provisions of the in-house rules and regulations, but the time spent preparing for that seminar is not.

I've met my maximum limit for courses sponsored by private law firms, and want to attend a CLE sponsored by the Acme Corporation's legal department.  Can I receive credit?

Note: This information applies only to the 2005–2007 and 2006–2008 reporting period lawyers.  There is no limit on the in-house credits for lawyers in the 2007–2009 and subsequent reporting periods.

For the 2005–2007 and 2006–2008 reporting periods, the 15-credit limit for private law firm activities and the 15-credit limit for activities sponsored by in-house legal departments are entirely independent of one another. You can receive credit for the in-house legal department course as long as you have earned less than 15 credits from any other in-house legal department courses you might have taken.

I have earned more than the allotted in-house credit hours for activities sponsored by a Private Legal Sponsor, and haven't already maximized my credits carried over to my next reporting period. Can I use these extra in-house credits as carryover?

Note: This information applies only to the 2005–2007 and 2006–2008 reporting period lawyers. There is no limit on the in-house credits for lawyers in the 2007–2009 and subsequent reporting periods.

No. Credits for activities sponsored by private legal sponsors (private law firms, corporate legal departments, and government agencies) that exceed the in-house credit limit for a given lawyer do not carry over to the next reporting period. These activities appear on the lawyer's roster as completed but are listed with zero credits. They therefore count neither towards the current reporting period compliance requirements nor towards the subsequent reporting period via the carryover provision.

For more information, contact the WSBA Service Center at 206-443-9722, 800-945-9722, or questions@wsba.org.

Any conflict between information on this web page and the Admission to Practice Rules of the State of Washington or regulations pertaining thereto (the Rules) is resolved in favor of the Rules.