Minimum Annual Continuing Legal Education Required by NH Supreme Court Rule 53 (SC Rule 53) Frequently Asked Questions

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1 Minimum nnual Continuing Legal Education Required by NH Supreme Court Rule 53 (SC Rule 53) Frequently sked uestions What is required by NH Supreme Court Rule 53 - Minimum Continuing Legal Education Those subject to the requirements of SC Rule 53 must earn and report 12 hours (720 Minutes) of continuing legal education (to be reported in minutes of actual instruction time) that meet the Rule criteria and requirements between July 1 and June 30 each year 6 hours (360 Minutes) of the 12 hours required must qualify for live credit 2 hours (120 Minutes) of the 12 hours required must qualify for Ethics/Professionalism credit ( ethics can be live or non-live ) Course providers vary in interpretations of 1 hour, thus total actual instruction time must be reported in minutes. Do the requirements of SC Rule 53 apply to me? If you are in NY ctive ttorney Practice Status (i.e. ctive, Pro Bono ctive, Military ctive, Honorary ctive) in New Hampshire for nine months or more in the NHMCLE reporting period (between July 1 and June 30 each year), you must comply with the requirements of SC Rule 53, unless you qualify as Exempt or have specifically been granted an exemption by the NHMCLE Board Do the requirements of SC Rule 53 apply to me if I am newly admitted to the NH Bar? The NHMCLE reporting year runs from July 1 st to June 30 th of the following year Unless Exempt anyone with an ctive ttorney Practice Status in New Hampshire for nine months or more in the NHMCLE reporting period must comply with the requirements of SC Rule 53 Therefore: Lawyers admitted between July 1st and September 30th must comply for the year ending the following June 30th Lawyers admitted October 1st-June 30th are exempt from the requirement for the year that ends on that June 30th year? Do the requirements of SC Rule 53 apply to me if I change my NHB membership status during the reporting Unless Exempt anyone with an ctive ttorney Practice Status in New Hampshire for nine months or more in the NHMCLE reporting period (July 1 to June 30) must comply with the requirements of SC Rule 53 Change in Membership Status Extra Hours Required if Inactive or Suspended for More than Two Years Lawyers who are suspended or have selected inactive membership status with the New Hampshire Bar for more than two (2) consecutive reporting years are required to complete six (6) additional CLE credits upon returning to active status

2 Lawyers may complete the additional credits during the reporting year in which they return to active status or in the reporting year immediately preceding What qualifies for NHMCLE credit? s of 7/1/14, the NHMCLE Board is no longer pre-approving courses for NHMCLE credit. Each attorney is responsible for determining whether a program is eligible for NHMCLE credit, based on the requirements in Supreme Court Rule 53 and related Regulations (accessible at and through the on-line NHMCLE ttorney Reporting Tool). See the abbreviated guidelines below. If in doubt, leave it out. The NHMCLE office cannot advise you on making an interpretation as to whether a program is eligible. ttorneys NHMCLE compliance reports will be subject to spot audits. If you decide to include a program, keep enough information about it to be able to justify its inclusion. course is likely to meet the requirements of Supreme Court Rule 53-NHMCLE if: The educational experience fostered professional growth The course was taken while admitted to practice in NH or another jurisdiction The course was produced for post-law school level learning The course was of intellectual or practical content The course contributed directly to legal professional competence, skill or education re: Professional or Ethical obligations Course leaders or lecturers had the necessary practical or academic skills to conduct the course effectively The course and/or any Ethics/Professionalism portions were at least 30 minutes in length The course was presented in a setting conducive to a good educational experience Course materials were provided of a quality and quantity indicating adequate time was devoted to their preparation, that will be of value in practice, and that may be retained or accessed permanently upon course completion DEUTE COURSE MTERILS must: o Be prepared or compiled specifically for course o Be timely and/or updated with specific reference to course o Include substantive legal analysis of legal issues relevant to course o Cover matters expected for a comprehensive and professional treatment of the subject matter Materials may be unnecessary for segments solely consisting of materially related remarks offered by/discussion with judges or other public officials, provided this content is materially related to the course subject matter and the remaining course segments are supported by adequate material o Not be solely copies of statutes, regulations, forms or other compilations o If in outline form, must contain citations or explanatory notations MORE ON LW PRCTICE MNGEMENT TOPICS To qualify for NHMCLE credit, if a course is Law Practice Management-related, it must be directed toward professionalism issues, e.g.

3 o Effects of technology on client confidentiality and other ethical issues o Time management for lawyers o Specific systems and procedures for lawyers that could cause malpractice or ethical problems if handled improperly BUT NOT, FOR EXMPLE Client development (e.g. rainmaking, website design) Marketing or branding a law practice Hiring and compensation of lawyers or staff General office skills Business planning or profitability MORE ON if taken via audio, video or other electronic means not qualifying as live : The course was produced with professional sound and picture quality, including all speakers and questioners using a microphone The original production date of the course was no more than three (3) years prior to the date of the attorney s actual exposure to the content re there special, additional requirements for qualifying Law Practice Management courses? To qualify for NHMCLE credit, if a course is Law Practice Management-related, it must be directed toward professionalism issues, e.g. Effects of technology on client confidentiality and other ethical issues Time management for lawyers Specific systems and procedures for lawyers that could cause malpractice or ethical problems if handled improperly BUT NOT, FOR EXMPLE Client development (e.g. rainmaking, website design) Marketing or branding a law practice Hiring and compensation of lawyers or staff General office skills Business planning or profitability re there special, additional requirements for courses taken via audio, video or other electronic means? The course must have been produced with professional sound and picture quality, including all speakers and questioners using a microphone The original production date of the course was no more than three (3) years prior to the date of the attorney s actual exposure to the content What qualifies for live NHMCLE credit?

4 ttendance at, or participation in, courses where faculty or a qualified commentator is available to comment and/or answer questions contemporaneously ualifying for Live Credit In-Person Classroom ( Live credit) ttended in person, in the presence of faculty, with other attorney participants, in location where course originates (Other than In-Office courses) Interactive Video ( Live credit) Includes webcast, video replay, or other medium with faculty facilitator or a qualified commentator available to comment and/or answer questions contemporaneously Interactive udio ( Live credit) Includes telephone or other audio presentation with faculty facilitator or a qualified commentator available to comment and/or answer questions contemporaneously What kinds of courses do not qualify for live NHMCLE credit? ualifying for Non-Live Credit In-Office Course ( Non-Live credit) Offered primarily for education of firm, department or agency lawyers; not open to others; having at least 3 attorneys in attendance (including instructor) Non-Interactive Video ( Non-Live Credit) Includes webcast, video or other medium where contemporaneous & with faculty or qualified commentator is NOT available Non-Interactive udio ( Non-Live Credit) ny audio content, including CD, MP3, etc. where contemporaneous & with faculty or qualified commentator is NOT available Why are in-office courses not eligible for live CLE credit? SC Rule 53 specifies that a minimum of 50% of the NHMCLE requirement must be met by attending live presentations of approved courses (other than in-office courses) as a student. What qualifies for ethics NHMCLE credit? Courses, or portions of courses, dealing with the Rules of Professional Conduct; legal ethics; attorney-client relations; professionalism; and/or prevention of malpractice, substance abuse, and/or attorney-client disputes. The minimum length for a qualifying consecutive instruction segment is 30 minutes. re CLE programs approved for NHMCLE credit by the NHMCLE Board? s of 7/1/14 the NHMCLE Board does not pre-approve courses for credit, therefore providers should not advertise approved for NHMCLE credit. re there continuing legal education courses that do not qualify for NHMCLE credit?

5 Each attorney is responsible for determining whether a program meets the requirements of Supreme Court Rule 53 and related Regulations (accessible at and through the NHMCLE ttorney Reporting Tool). s noted in NHMCLE Regulation 53.5 Standards For Individual Course Or ctivity pproval, topics that will not be approved include client development (e.g., "rainmaking," web site design), marketing or branding a law practice, hiring and compensation of lawyers or staff, general office skills and business planning for profitability. Programs originally produced more than three (3) years from the date of the attorney s actual exposure also do not qualify for NHMCLE credit. What should I expect from providers of qualifying continuing legal education courses? NH lawyers must self-determine if a continuing legal education course meets the requirements to claim NHMCLE credit according to the requirements of SC Rule 53. Course providers are encouraged to meet the following guidelines: Provide courses consistent with the standards for individual course approval as set forth in Rule Provide lawyers who seek credit in New Hampshire with approved attendance certificates for their records. Develop and implement methods to evaluate course offerings to determine their effectiveness and, upon request from the NHMCLE Board, provide course evaluation by attendees. Make the courses reasonably available to all New Hampshire lawyers, with the exception of in-office courses described in Rule 53.3(C) and courses offered by professional organizations primarily or exclusively for the education of their own members, or primarily or exclusively for lawyers employed by state, federal or local governments; and provided that the sponsor may impose reasonable prerequisites and limitations on course size, as provided in Rule What information should a course provider distribute to course attendees so they may self-report attendance using the on-line NHMCLE ttorney Reporting Tool? Course providers have been asked to give the following information to assist attendees in self-reporting (non- NHB) continuing legal education activity (NOTE: ualifying CLE programs provided by the NH Bar ssociation will be directly entered in the NHMCLE ttorney Reporting Tool ): 1. Date of participation 2. Date of original live program if different from #1 NOTE: the original live program production date may not be more than three (3) years prior to date of attorney s actual participation 3. Name of course provider/sponsor/producer 4. Course name 5. Setting Type (live classroom; live webcast; interactive video; live telephone seminar; in-office course; non-interactive video; non-interactive audio) 6. Number of Ethics/Professionalism minutes in course (not including breaks) 7. Number of General/non-Ethics/Professionalism minutes in course (not including breaks) What if I don t meet the June 30 deadline for getting the minimum amount of required NHMCLE credit?

6 s soon as possible, take a course that you determine qualifies for credit (See What ualifies for Credit Go to nhmcle.org and self-report your instruction minutes System will apply credits to prior reporting period until requirement is met System will apply excess credit, if any, to current reporting period Sanctions and Penalties may apply What if I earn more NHMCLE credit than is required? NHMCLE credit earned in excess of the minimum requirements will be applied to the following reporting year (up to a maximum of 720 Minutes or 12 credits) Excess credit may only be applied to the reporting period immediately following the year of the instruction Where can I find more information about available CLE programs? Information about the New Hampshire Bar ssociation Continuing Legal Education programs can be accessed on the ssociation website at Numerous other local, regional and national providers of continuing legal education exist s of 7/1/14, the NHMCLE Board no longer recognizes nnual Sponsors. I am not able to participate in qualifying courses to comply with Rule 53 - NHMCLE. What should I do? Review the criteria for Exemptions In limited situations, upon granting of a petition stating compelling reasons and presented to the NHMCLE Board, lawyers may receive a complete or partial exemption from Rule 53 requirements for a limited period of time. Such reasons may include, but are not limited to, physical or other disability which prevents compliance with Rule 53 during the period of such disability. In dealing with petitions for exemptions, the NHMCLE Board may require alternative methods of compliance. petition requesting an exemption from Rule 53 may be submitted for the consideration of the NHMCLE Board by forwarding the same to the NHMCLE dministrative Office. How do I claim or report NHMCLE credit?

7 If you have attended a program offered by the NH Bar ssociation for NHMCLE credit, it will automatically be entered in the new, on-line NHMCLE ttorney Reporting Tool (you will need to adjust the minutes attended if you were not present for the entire instruction time) For all other (i.e. non-nhb provided) course attendance: o o o Determine if the course qualifies for NHMCLE credit (See What ualifies for Credit Each attorney is responsible for determining whether a program is eligible for NHMCLE credit, based on the requirements in Supreme Court Rule 53 and related Regulations (accessible at and through the reporting tool). If in doubt, leave it out. The NHMCLE office is not able to advise you on making an interpretation as to whether a program is eligible. ttorneys NHMCLE compliance reports will be subject to spot audits. If you decide to include a program, keep enough information about it to be able to justify its inclusion. Report your participation using the new, on-line reporting tool nhmcle.org To assist you with self-reporting, course providers have been encouraged to provide you with the following information: 1. Date of attorney s actual participation 2. Date of original live program if different from #1 NOTE: the original live program production date may not be more than three (3) years prior to date of attorney s actual participation 3. Name of course provider/sponsor/producer 4. Course name 5. Setting Type (live classroom; live webcast; interactive video; live telephone seminar; in-office course; non-interactive video; non-interactive audio) 6. Number of Ethics/Professionalism instruction minutes in course (e.g. not including breaks) 7. Number of General /non-ethics/professionalism instruction minutes in course (e.g. not including breaks) How do I know what is in my record at NHMCLE ttorney Reporting Tool? How can I access my NHMCLE online record of attendance? Go to the My ccount tab at nhmcle.org ccess the reporting year (system will default to current reporting period) How can I make corrections to my on-line record? Go to the My ccount tab at nhmcle.org Make necessary adjustments to maintain record accuracy

8 My course provider reports credits or hours. How do I report the activity for NHMCLE credit using the NHMCLE ttorney Reporting Tool? Convert actual qualifying instruction time into minutes for reporting as NHMCLE activity In NH 1 credit hour = 60 minutes; some states offer 50 minute hours: convert to minutes The minimum qualifying consecutive instruction segment is 30 minutes What if a program has multiple concurrent tracks or multiple days of instruction? Calculate and report only the qualifying minutes of actual instruction in which you participated The minimum length for a qualifying consecutive instruction segment is 30 minutes Will my on-line NHMCLE entries be reviewed? ttorneys are responsible to be familiar with the provisions of NH Supreme Court Rule 53, and to self-determine according to those provisions if a course qualifies for NHMCLE credit ttorneys are responsible for the accuracy of their on-line NHMCLE ttorney Reporting Tool The NHMCLE Board may spot-check selected on-line records from time to time The NHMCLE Board will select a number of records for audit each year (see NHMCLE Rule 53.7 C. False Statements and NHMCLE Regulation 53.6 B. Compliance udits) Beginning in July 2015, an on-line NHMCLE ffidavit prepared from the on-line record must be verified and filed on-line by each attorney for the July 1 through June 30 NHMCLE Reporting Period What course information should I maintain for my NHMCLE records? SC Rule 53.6 requires maintaining such records or certificates of attendance as may be required to substantiate compliance or exemption for a period of two (2) years following the close of a reporting year (July 1-June 30) This may include: Continuing legal education program agenda ccess to reference materials provided with the program Your program attendance record as provided by the program producer Where can I get more information about NHMCLE? Go to for links to the Rule, Regulations, and other information Go to for access to the on-line reporting tool, your record of CLE activity since 7/1/2014, and other information

9 What are Teaching Credits? Teaching credits are additional non-live credits awarded in recognition of presentation and material preparation time. When teaching credit is claimed, one may not also claim publication credit for material preparation. It is the policy of the NHMCLE Board not to allow credit for teaching if the audience was primarily composed of non-lawyers. However, if written materials submitted to the Committee demonstrate that the presentation was substantially equivalent to a presentation before a group of lawyers, teaching credit may be awarded. Contact the NHMCLE Office at nhmcle@nhbar.org for more information. However, credit will not be awarded for teaching undergraduate college or law school courses. Credit may be awarded for teaching graduate-level college courses and graduate-level law school courses that otherwise satisfy the requirements of Rule How do I claim NHMCLE credit for courses, or parts of courses, I teach? If this is the first time you have claimed credit for participating as faculty for any part of this course in this reporting period 1 click the New Entry tab in the NHMCLE ttorney Reporting Tool, and in addition to other required information : 1) Check teaching box in setting area 2) Where indicated, enter actual number of Ethics/Professionalism minutes TTENDED S STUDENT (i.e. portions of program pertaining to Ethics/Professionalism you attended but did not teach) 3) Where indicated, enter actual number of General/non-Ethics minutes TTENDED S STUDENT (i.e. General/non-Ethics portions of a program you attended but did not teach) 4) Where indicated, enter actual number of Ethics/Professionalism minutes TUGHT 2 by you (system will provide a place for this if teaching box has been checked - see Step 1) 5) Where indicated, enter actual number of General/non-Ethics minutes TUGHT 2 by you (system will provide a place for this if teaching box has been checked - see Step 1) By following Steps 1-5, the on-line CLE ctivity Reporting Tool will award 1x Live credit minutes for portions of the program SPENT S FCULTY MEMBER plus 2x non-live credit minutes for time an individual faculty member spent actually teaching lawyers at the program. 1 Lawyers who teach the same course more than once in a reporting period may claim teaching credit only for the first presentation. Subsequent presentations of the same course content will be granted one credit for each hour of actual classroom instruction without the teaching credit multiplier. 2 Teaching participation of 30 minutes or less shall be credited as one half hour teaching hour. Teaching participation from over 30 minutes and up to 60 minutes shall be credited as a full teaching hour. Where teaching is done in tandem or by panel the teaching credit should be divided equally or in proportion to each teachers speaking time, whichever is appropriate.

10 What are Publication Credits? Publication Credits are granted to principal authors of books, law review and journal articles and similar publications treating legal or law-related topics in a scholarly or practical manner and directed primarily to an audience of lawyers, judges and legal assistants. Such credit shall be granted in the reporting year in which publication first occurs, at the rate of one (1) hour of NHMCLE credit for each one thousand five hundred (1,500) words published. Publication Credits are considered non-live credit. Lawyers desiring NHMCLE credit for such publications shall submit a copy of the same to the NHMCLE Board, and shall retain a copy for a minimum of two (2) years after the close of the reporting year in question. uthorship of articles for general circulation, newspapers or magazines directed to a non-lawyer audience does not qualify for NHMCLE author credit under this Rule, nor does the authorship of CLE course materials qualify for credit. Presentation of a work of an appropriately scholarly character at a professional conference, symposium or similar activity will ordinarily qualify as publication for the purposes of Rule 53.3(G) and this regulation provided that the author may not also claim teaching or attendance credit for such presentation, even if the activity would otherwise ordinarily qualify for such credit. In the case of jointly authored publications the time/credit should be divided between or among the joint authors to reflect the proportional effort devoted to the research and writing of the publication. How do I claim NHMCLE credit for Publications? Review the information and application provided in the Publication Credit pplication at Complete and submit the Publication Credit pplication the NHMCLE Office at nhmcle2nhbar.org containing the following : o Name of article publisher o Date of publication o Title of publication o Electronic copy of article and information about program if a presentation was made What are Independent Learning Projects? NHMCLE credit may be claimed for certain independent learning initiatives that meet the applicable provisions of SC Rule 53 and have been pre-approved by the NHMCLE Board. Contact the NHMCLE Office for further information. I am admitted in Vermont and/or Maine and applying to the Supreme Court for dmission on Motion in New Hampshire. re there any special CLE requirements? Yes. Supreme Court Rule 42 XI (b) and (c) require applicants to have completed at least fifteen (15) hours of continuing legal education on New Hampshire practice and procedure in courses approved [as such] by the NHMCLE

11 Board within one year immediately preceding the date upon which the motion is filed and be certified by the NHMCLE Board as satisfying this requirement (This requirement is in addition to and separate from the Practical Skills Course requirement (SC Rule 42 XIII (a)) that must be completed within the two years immediately following admission.) Where can I obtain CLE courses meeting the New Hampshire practice and procedure requirements of SC Rule 42 XI (b) and (c)? The New Hampshire Bar ssociation s CLE Program identified the New Hampshire practice and procedure programs with an NHP logo. number of other NH continuing legal education providers offer programs that will focus on NH practice. If non-nhb programs are taken for the purpose of SC Rule 42 XI (b) and (c), documentation must be submitted with the dmission on Motion Certificate of Completion of Continuing Legal Education Prior to Motion (supplied by the Supreme Court as part of the admission on motion process) demonstrating that the programs specifically pertained to NH practice and procedure. NHMCLE, NHB-CLE What is the difference between NHMCLE Rule requirements and the NH Bar ssociation s Continuing Legal Education Program? The short answer is that NHMCLE is the rule and the compliance function for the annual minimum continuing legal education requirement set forth by NH Supreme Court Rule 53, and the New Hampshire Bar ssociation s Continuing Legal Education Program is one provider of CLE. Both are housed at the NH Bar Center, and there is some staff and data overlap, but they are separate functions. Rule 53 NHMCLE is a NH Supreme Court rule requiring all NH attorneys to obtain a minimum number of qualifying continuing education minutes (credits) each year The NH Bar ssociation s Continuing Legal Education (NHB-CLE) Program is a service of the NH Bar ssociation, and is one of a number of continuing legal education providers in New Hampshire s a unified bar association, to assist the Supreme Court with effective and efficient application of Supreme Court Rule 53, administration of the NHMCLE program is based at the Bar Center and overseen by the court-appointed New Hampshire Minimum Continuing Legal Education Board The NH Bar ssociation and the NHMCLE dministrative Office have developed the on-line tool for the use of ssociation members in reporting and tracking continuing legal education activity; the software interfaces with the ssociation database and therefore NH Bar ssociation continuing legal education offerings are automatically entered in the NHMCLE ttorney Reporting Tool. The NHMCLE program of the New Hampshire Supreme Court should not be confused with the New Hampshire Bar ssociation's Continuing Legal Education (NHB-CLE) program How does the Practical Skills Course Requirement of Supreme Court Rule 42 relate to NHMCLE? Supreme Court Rule 42 XIII (a) requires that, within two years of admission to practice law in NH, a practical skills course presented by the New Hampshire Bar ssociation must be attended. Credits earned may be applied to the NHMCLE requirement.