WSBA MEMBER GUIDE TO MCLE TABLE OF CONTENTS General Requirements and Information... 1 Credit Requirements... 1 Carry-over Credits... 1 MCLE Certification Requirement... 2 Seeking Approval for MCLE Credit When Due to Certify... 2 MCLE Late Fees... 2 MCLE Comity for Members Licensed in OR, ID or UT... 3 Hardship Extension or Waiver... 3 Activity/Course Approval and Attendance Process... 4 In-House CLE... 5 Course Approval for Members Residing Abroad... 5 Instructions for MCLE Records Online... 5 Accessing Your MCLE Records via mywsba.org... 6 Adding an Approved Activity to Your MCLE Roster... 6 Searching for the Activity in the MCLE Database... 6 Adding the Course to Your Roster... 6 Altering the Number of Credits Earned... 7 Deleting an Activity from Your Roster... 7 Submitting a Form 1 Application for Approval of an Activity... 7 Process After Submitting a Form 1 Application... 8 MCLE Online Certification... 8 Paper Certification... 8 Searching for Approved CLE Activities to Attend... 9 MCLE Credit for Activities Other Than Traditional Seminars and Courses... 10 Pro Bono Credits... 10 Apply for pro bono service credit online:... 10
Preparation Time for Presenter or a Panelist... 10 Apply for Preparation Time Online:... 11 Writing Credit for Published Legal Works... 11 Apply for Writing Credit Online:... 11 Law School Courses Credit for Attending... 11 Apply for Credit for Attending Law School Courses Online:... 12 Law School Courses Credit for Teaching... 12 Apply for Credit for Law School Course Presentation Time Online:... 12 Apply for Credit for Law School Course Preparation Time Online:... 13 Law School Competitions... 13 Apply for Law School Competition (Moot Court) Credit Online:... 13 Bar Review Courses... 13 Nexus Credit... 14 Retention and Records... 14 Retention Period for Course Materials, Agendas, and Certificates of Attendance... 14 Copy of Paper MCLE Certification (C2) form... 14 WSBA Member Guide to MCLE Revised January 2014 2
GENERAL REQUIREMENTS AND INFORMATION All active members, judicial members classified as administrative law judges, military lawyers admitted under APR 8(g) and house counsel admitted under APR 8(f) must earn and report MCLE credits. WSBA members are divided into three MCLE reporting groups based upon year of admission. The reporting period is three years. Newly admitted members are exempt from completing and certifying CLE credits for the year of their admission and the following calendar year; however, any credits earned on or after the date of admission may be approved for MCLE credit. Login to www.mywsba.org and go to MCLE under My Profile to find out which reporting group you are in. Credit Requirements At least 45 total credits of MCLE Board approved CLE activities must be earned every three years, including a minimum of 22.5 live credits and a minimum of 6 ethics credits. All required credits must be completed by December 31 of the last year of your reporting period. [APR 11.2(a)] Courses must meet the requirements of APR 11 to be approved, but they do not need to be taken in Washington state. Many courses are offered around the world that meet the requirements of APR 11. "Live" courses are held at a specific time; they are not pre-recorded. During the course, attendees have the opportunity to ask questions of the instructor(s) and hear the questions of others in real-time. Live courses include teleconferences, webinars and webcasts, as well as traditional in-person events. "A/V" courses are pre-recorded CLE courses. These courses are the only type that can be used for earning "self study" credits. A/V courses include audio and video tapes, compact discs, DVDs, archived web casts, and other media that include the soundtrack of an MCLE Board-approved course presentation. These programs cannot be more than five years old from the date of recording, except MCLE Board-approved "skills-based" courses. Written materials must be included with the A/V program and reviewed by the applicant to earn credit. Written materials must be purchased by each member, when required by the sponsor, to claim CLE credit for listening to or viewing an A/V program borrowed from another party. "Ethics" courses, and sessions of larger courses devoted exclusively to ethics, must meet the specific requirements of APR 11 Regulation 101(g) to be considered for ethics credit. "Read-only" and "read-and-test" courses are not accreditable in Washington. Carry-over Credits Carry-over credits from the previous reporting period may be used to meet the requirements of the current reporting period. If the total of your current reporting period credits exceeds 45, you may carry-over a maximum of 15 credits towards your next reporting period. Of these 15 credits, WSBA Member Guide to MCLE Revised January 2014 1
up to 2 can be ethics credits and up to 5 can be A/V credits. No credits will be carried over if a Comity Certificate of MCLE Compliance from a comity state is used for compliance certification or if you were exempt from the compliance requirements for a reporting period. MCLE CERTIFICATION REQUIREMENT You must certify ( report ) your MCLE credits by February 1 of the year following the end of your reporting period (or the next business day, if February 1 is on a weekend). [APR 11.6(b)]. Your online roster showing credit compliance is not a substitute for certifying MCLE compliance [APR 11.6(b)]. You must complete the Online Certification or complete and submit the paper Mandatory Continuing Legal Education Certification (C2) form that is in your license packet. Seeking Approval for MCLE Credit When Due to Certify All activities that you list on your C2 form must be Washington MCLE Board approved and have an Activity ID number. This number is listed in your online MCLE roster and is assigned at the time of application. If you have taken a course that is not yet approved by the MCLE Board, submit a Form 1 Application for Approval of CLE Activity ( Form 1 ) by December 31 to ensure that it is approved before your certification is due. If you submit your Form 1 after December 31, the Form 1 may not be processed in time for you to have enough credits to certify online by the deadline. If this is the case, you must submit by the deadline the paper MCLE Certification (C2) form that is in your license packet. Add a note that you have submitted a Form 1. Indicate if you submitted the Form 1 by paper or online. MCLE Late Fees Late fees are assessed when: Credits are not completed by December 31 of the last year of your reporting period; and/or Credits are not certified by February 1. The late fee for the first reporting period of non-compliance is $150 and increases by $300 for each consecutive reporting period of non-compliance. You may pay your late fee online: Access your online MCLE roster page. Click the "Pay Late Fee Online" link at the bottom of your roster page. WSBA Member Guide to MCLE Revised January 2014 2
Fill in the fields in the "Payment Information" section of the screen. Click "Make Payment" MCLE Comity for Members Licensed in OR, ID or UT If you are an Active member of the WSBA and your primary office for the practice of law is outside of Washington, and if you are a member of the Oregon, Idaho, or Utah state bars ("comity" states), you may meet your Washington MCLE credit requirements via comity [APR 11 Regulation 112]. To do this, three requirements must be met no later than February 1 following the end of your reporting period. You will not be deemed compliant in Washington until all are completed. 1. Submit a "Comity Certificate of MCLE Compliance" from your comity state bar office. This is proof of current MCLE compliance in your comity state. It is the only form of proof that will be accepted if you want to meet your Washington credit compliance requirements via comity. (See the note below for the comity state contact information.) 2. Pay a $25 service fee for the "Comity Certificate of MCLE Compliance" being submitted. You may also pay this online after we process the forms and the C2 Data Complete shows Yes in the Reporting Period Summary box on your online MCLE roster page. To pay, click on the Pay $25 Comity Service Fee Online link just above the Reporting Period Summary. Your Washington state and your comity state reporting periods do not need to be identical. To meet compliance requirements in Washington your Comity Certificate of MCLE Compliance from the comity state must show that you met the MCLE compliance requirements for your most recent reporting period in that state. Note: A "Certificate of Good Standing" or a list of courses taken to meet your comity state's credit compliance requirements is not acceptable for fulfilling the comity requirements. A "Comity Certificate of MCLE Compliance" signed by the state MCLE administrator may be obtained by contacting the MCLE offices in the states listed below: Oregon Denise Cline, MCLE Administrator, at dcline@osbar.org or at 503-620-0222, or tollfree in Oregon 800-452-8260, ext. 315. Idaho The Membership Department at 208-334-4500 or astrauser@isb.idaho.gov. Utah The Utah MCLE Department at 801-531-9077 or mcle@utahbar.org. Hardship Extension or Waiver If you will not be able to complete your credits and certify by February 1, you may request a petition for an extension or waiver based on undue hardship, age or disability. [APR 11.6(c)(4) and APR 11 Regulation 107(a)]. Follow these procedures: WSBA Member Guide to MCLE Revised January 2014 3
File a paper MCLE Certification (C2) form by February 1 listing the credits earned to date. You must do this even though you have not completed the credit requirements. Request a petition form by contacting the WSBA Service Center and asking to be forwarded to an MCLE Analyst. Email questions@wsba.org or call 800-945-9722 or 206-443-9722. Submit a petition to the MCLE Board by February 1. Provide a complete explanation of the reason that you need an extension. You will be notified of the decision on the petition by late March. If you complete any or all of the credits prior to the decision on the petition, file a Supplemental CLE Certification Form listing all subsequent credits earned for compliance. [APR 11.6(b)] ACTIVITY/COURSE APPROVAL AND ATTENDANCE PROCESS All courses or activities must be Washington MCLE Board approved and have an Activity ID number. For live seminars, the sponsor of the activity, in most cases, will apply for approval and will report attendance within 30 days. However, for some out-of-state courses from smaller CLE providers, you may need to apply for approval and credit. For pre-recorded A/V programs, the sponsor, in most cases, will apply for approval. However, you need to add the program to your roster and report the credits you earned for taking the program and the date(s) you listened to or viewed the A/V program. Note: You may earn only eight credits per day. To add a course, access your online MCLE roster by logging into www.mywsba.org. Use the Add Activity link to find out if the course is already approved. If it is not, you will need to apply for approval using the Form 1 link at the bottom of the search page. Include a detailed time schedule or agenda including all start times and end times for each session and break. Do not send course materials or handouts. These will be requested if needed to determine approval. Check your MCLE roster periodically to find out if the activity has been approved or if additional information is required. Credits approved for a course represent the total number of attendance credits that can be claimed for the course. One MCLE credit may be claimed for each 60 minutes of participation in an approved activity. Time periods spent on course registration, introductions, breaks, and business meetings are not included in activity approval and may not be counted. After the course is approved, you are responsible for making appropriate adjustments to your records when the actual time spent in an approved activity is less than the maximum approved credit-hours. Adjustments must be made for late arrival, early departure or other periods of absence or non-participation. You may edit the credits by clicking on the "Edit/Delete" link to the right of the activity in your online roster. WSBA Member Guide to MCLE Revised January 2014 4
In-House CLE You may not submit a Form 1 for in-house CLE sponsored by private law firms or in-house legal departments that have offices in Washington state if you are employed by or associated with that sponsor. The sponsor for in-house CLE must seek approval and report attendance. Course Approval for Members Residing Abroad If you are residing outside of the U.S., you must still comply with MCLE requirements. You may earn credit for programs outside the United States, including courses concerning laws of jurisdictions outside the United States, if those courses are approved for credit by the MCLE Board. If standard live CLE courses are unavailable, you may earn credit for courses that do not fully meet the standards of the MCLE regulations and which would not otherwise be approved if offered within the United States. In determining whether to grant credit for such courses, the MCLE Board will consider, among other things, the availability of courses in the area involved and your good faith attempts to comply with the requirements of APR 11 and the MCLE regulations. With approval from the MCLE Board, you may earn a maximum of 45 credits per reporting period through approved A/V courses (waiving the live credit requirement) or by attending nonstandard live CLE programs developed and presented by lawyers in the foreign jurisdiction when no reasonable opportunities exist for attendance at standard live in-person or live webcast CLE programs. Send a written request to the MCLE Board if a waiver of the live credit requirement or permission to be granted credit for taking non-standard live CLE programs in a foreign jurisdiction is needed. Include a detailed description of your circumstances for each type of request. The request can be sent to the MCLE Board, Washington State Bar Association, 1325 4th Ave., Seattle, WA 98101-2539 or e-mailed to questions@wsba.org. INSTRUCTIONS FOR MCLE RECORDS ONLINE The MCLE records are online to provide you with a convenient method for tracking your MCLE compliance. Access your MCLE records online to: Edit and update your MCLE roster if the information is incomplete or incorrect; Review and edit courses taken and credits earned; Apply for course approval; Apply for prep time, pro bono, moot court, or writing credit; Search for upcoming approved courses; Certify MCLE compliance; Pay MCLE late fees; WSBA Member Guide to MCLE Revised January 2014 5
Request and pay for a Washington comity certificate for use in OR, ID or UT, and Pay for using a comity certificate from OR, ID or UT to meet your Washington MCLE reporting period credit requirements. If you have any questions about the MCLE records online, online help is available. You can also contact the WSBA Service Center at 800-945-WSBA (9722), 206-443-WSBA (9722), or questions@wsba.org. Accessing Your MCLE Records via mywsba.org To access your MCLE records online: 1. Go to www.mywsba.org. 2. Click Login in the top right corner of the screen, and log in. If you need to set up a password, click the "Activate your account" link to set up a new password. Your user name will be your bar number. If you do not have a valid email address on file, you must contact the Service Center at questions@wsba.org or by phone at 800-945-9722 or 206-443-9722 to have an email address added to your records. 3. Click on the "My Profile" tab 4. Click on the MCLE link on the left side on your My Profile page. Adding an Approved Activity to Your MCLE Roster If an activity that you attended is not listed in your roster, if you are applying for credit, or if you want to verify that a course has been approved: Click the Add Activity link to search the database. Searching for the Activity in the MCLE Database If you know the Activity ID number, follow the procedures below: Input the Activity ID number only in the search screen that comes up. Click the Search button. If you do not know the Activity ID number, enter search criteria to find the activity. Suggested search strategies appear below the search box. Click the Search button to display a list of the activities that meet the entered criteria. Adding the Course to Your Roster If you find the course you are looking for: Click on the course Activity ID ( ACT ID ) number to add it to your roster. WSBA Member Guide to MCLE Revised January 2014 6
For LIVE courses, enter the number of credits earned, if needed, and click the "Add Activity" button. For A/V self-study courses indicate the date(s) you took the course, and click the "add activity" button. To cancel adding a course, click the "Return to Member Reporting Period Page" link at the bottom of the page. If the activity you are searching for is not listed, either alter your search query, or click the appropriate Form 1 to apply for approval of the activity. Altering the Number of Credits Earned You may need to alter the credits earned for a course listed in your roster if you arrived late, left early, or needed to attend to a non-cle course matter during the course. Click on the "Edit/Delete" link to the right of an activity that you want to edit. Enter the number of credits earned. Click "Save Changes." To cancel your edit (if you have not yet saved it) click the "Return to Member Reporting Period Page" link. Deleting an Activity from Your Roster While viewing your roster, click on the "Edit/Delete" link to the right of an activity. Click Remove From Roster. Note: You cannot edit or delete any activities on your roster after you have certified compliance for a reporting period. Contact the WSBA Service Center at 206-443-WSBA (9722), 800-945- WSBA (9722), or questions@wsba.org if you need to make any changes after you have certified compliance. Submitting a Form 1 Application for Approval of an Activity If you have searched the online MCLE database to find the activity you attended in order to add it to your roster and determined that it is not approved, then you will need to seek approval of the activity: Click the "New Live Activity Form 1" or "New AV Activity Form 1" link located at the bottom of the search results list. Complete the Form 1 application. Click the "Submit to WSBA" button. Your application will be placed in a queue and evaluated for credit. The Activity Submission page will open and verify that your application has been submitted. WSBA Member Guide to MCLE Revised January 2014 7
Process After Submitting a Form 1 Application Please check back about two weeks after submitting the Form 1 to check on the status. If the activity you submitted is approved, the credits will be automatically added to your roster. If we require additional information, a red "Incomplete Activities" link at the top of your MCLE roster page will allow you to view your incomplete activities. Click on the red link to open the list of your incomplete activities. Click on an activity number in the list to bring up the Form 1 application. The lower right field, "Comments from WSBA Administration," will indicate what additional information we require in order to complete our review. Respond in the "Comments about Activity" field to the left. Click "Save Changes" to resubmit the Form 1. MCLE Online Certification If this is your reporting period, and if you have met the reporting credit requirements, online MCLE certification is available: From your online MCLE roster page, click on the Submit MCLE Certification (C2) Form link to certify your MCLE credits. Review all the courses and the credits on the C2 to ensure that they are correct for each activity listed. Check the box below your Record of MCLE Credits 20XX-20XX if you can agree to the certification statement that starts mid-sentence on the first line. Click the Submit button After you submit your certification, check back for final approval (allow three to four weeks). The status will be noted in your MCLE record online. If anything else is required, we will send an email to your email address on file. After your certification is approved, the next reporting period will appear when you login. Use the drop down to select another reporting period. The approved reporting period will show: Compliant for Period: Yes in the Reporting Period Summary box. If you are certifying via comity you cannot certify online. Submit your Comity Certificate of MCLE Compliance form with a paper C2 form. Paper Certification If you will not be credit compliant by the February 1 certification deadline, you must file a paper MCLE Certification (C2) form. You also must submit a paper C2 form by February 1 if you submitted a Form 1 after December 31 and it is not processed in time for you to have enough credits to certify online. (Form 1s are processed in the order received.) C2 forms are included in the license packets mailed in mid-october to all members due to report and certify credits. WSBA Member Guide to MCLE Revised January 2014 8
The data printed on the C2 form was taken from your online MCLE roster in mid- September. If you earned additional credits after mid-september and they are not listed on the form, please add them. All activities you add must be MCLE Board approved prior to adding them to the C2. The assigned Activity ID number for each needs to be included on the form. Use the MCLE Activities Search to determine if an activity has been approved by the MCLE Board. Submit a Form 1 if an activity is not yet approved. You must verify that the credits listed on the C2 form are accurate. The credits for CLE courses you took should reflect your actual attendance. Credits on your online MCLE roster may be edited by clicking on the Edit/Delete link next to each course. Credits on the C2 form may be corrected manually. Also delete from your list of credits any duplicates, e.g. courses reported more than once or that you took more than once. If you do not want to handwrite the additional credits you earned on the back of the C2 form, you may add them to your online MCLE roster and print a copy of your MCLE roster and attach it to your C2 form. State on your C2 form that the attached roster printout is a true and correct statement of the CLE courses taken for credit compliance. The C2 form is a declaration and must be signed and dated, and the location where signed must be identified. Searching for Approved CLE Activities to Attend You can find approved live activities to attend, including webcasts and teleconferences as well as approved A/V courses from your MCLE online roster page that fit your schedule and are in a location that is convenient for you. To use this feature: Login to your MCLE online roster page; Click on the "Search Approved Courses" link just above the top right corner of your roster; On the screen that comes up, fill in the fields with the information pertinent to your search. Search tips: Date To find an activity on a specific date or within a range of dates, fill in the date on which you would like to attend the activity in the "Start Date" field or input a range of dates in the "Start Between" fields. [Note: the year must be input using all four digits (i.e. as 2010, not 10.] Sponsor To find activities being given by a specific sponsor, input the Sponsor's name in the "Sponsor" field. Teleconference To find a teleconference, input "Teleconference" in the city field and change the state field to "Any." Webcast To find a live webcast, input "Webcast" in the city field and change the state field to "Any." Online AV To find both live and AV online activities, input "Online" in the city field instead of "Webcast" and keep the state field as "Any." WSBA Member Guide to MCLE Revised January 2014 9
Note: You can also click the "MCLE Activities Search" link in the upper right corner of the mywsba website homepage to do an activity search. MCLE CREDIT FOR ACTIVITIES OTHER THAN TRADITIONAL SEMINARS AND COURSES There are activities other than traditional seminars and courses for which you may seek MCLE credit. You may seek credit for the following from your online MCLE roster page. Pro Bono Credits Six pro bono credits can be earned per year. [APR 11 Regulation 103(f)] Of the six credits, two are for the required annual pro bono training. Four credits may be earned per year for pro bono service credits if at least four hours of pro bono work were provided through a qualified legal services provider and if two credits of MCLE Board approved pro bono training were completed within the same calendar year. Apply for credit for the pro bono training following the normal process for adding an approved course to your online roster. If the course has not yet been approved, you may submit an online Form 1 in the same way as you would for any other Live or A/V program. Apply for pro bono service credit online: 1. From your online MCLE roster page, click on Add Activity ; 2. Click on the Pro Bono Credit Form 1 link, complete the Form 1, and then click on "Submit." 3. Follow procedures in Process After Submitting a Form 1 Application. Note: The sponsor listed must be recognized by the WSBA as a Qualified Legal Services Provider as defined in APR 8(e)(2). If your prerequisite training was completed by mentoring another attorney, enter "Pro Bono Training Mentor" as the activity's Title and include the name of the mentored attorney within the "Agenda and Time Schedule" field (in addition to the actual time schedule and topics covered in the mentoring). Contact a Qualified Legal Services Provider to earn MCLE credit through pro bono activities, or to find out about approved live and A/V pro bono training programs. Visit Public-Service- Opportunities for additional information. Preparation Time for Presenter or a Panelist If you have presented material at a CLE activity as a speaker or panelist, you can receive MCLE credit in two ways: 1. Attendance Credit The time spent actually presenting material at the event is treated exactly the same as if you were attending. WSBA Member Guide to MCLE Revised January 2014 10
2. Preparation Time Credit You may also receive MCLE credit for the time spent in preparation for that individual or panel presentation. Apply for Preparation Time Online: The first step is to have the sponsor report your attendance at the activity. If the sponsor does not report your attendance within 30 days of the end date of the course you may add it to your roster (if it is already approved in our system) or apply to have it approved by submitting a Form 1 application. After your attendance has been added to your online roster, you may apply for preparation time credit. You may receive one hour of "prep time" for each hour actually spent in preparation for substantive presentation (not organizational aspects of the activity). Prep Time is limited to a maximum of 10 credits per activity for both presenters and panelists. In addition, a lawyer may earn credit only once for teaching or participating in the same accredited course, regardless of the number of times the course is presented. (APR 11 Regulation 103(d)). 1. From your online MCLE roster page, click on "Add Activity." 2. Click on the "Speaker or Panelist Prep Credit" Form 1 link. 3. Select the course at which you presented. 4. Fill out the Preparation Time form and then click "Submit." 5. Follow procedures in Process After Submitting a Form 1 Application. Writing Credit for Published Legal Works Credit for writing works for the education of the bar (e.g., law textbooks or law review articles) published by a recognized publisher of legal works is granted on a case-by-case basis. Applications for writing credit, along with the written work, are reviewed directly by the MCLE Board. The number of actual hours claimed should be based on the number of hours spent in preparing the material; the maximum number of credits that may be claimed is ten. Apply for Writing Credit Online: 1. From your online MCLE roster page, click on "Add Activity." 2. Click on the "Writing Credit" Form 1 link, complete the Form 1, click on "Submit," and note the Form 1 Activity ID number. 3. Write the Form 1 Activity ID number on the writing submission. 4. Mail a copy of the written work to the MCLE Board, Washington State Bar Association, 1325 4th Ave., Seattle, WA 98101-2539. Failure to indicate your Activity ID number with your written submission will substantially delay the Form 1 processing. 5. Follow procedures in Process After Submitting a Form 1 Application. Law School Courses Credit for Attending Under APR 11 Regulation 103, you may earn one credit for each 60 minutes of instructed class time you attend in law school courses at the J.D. or advanced education level. The course may be WSBA Member Guide to MCLE Revised January 2014 11
taken within or outside the United States, and you are not required to take or be successful on any examination given in connection with the course in order to earn CLE credits for attending the course. There is no limit on the number of credits that can be claimed for each law school course. Apply for Credit for Attending Law School Courses Online: 1. Fill out a Form 1 application, as with any other CLE activity. Fill out the form, attach the syllabus file (with class dates as well as start and end time of each class and breaks) and submit the course for accreditation review. Without a syllabus, no credit can be granted. 2. Arrange for the instructor or law school registrar to verify your attendance at the various sessions of the course and to report such attendance to the MCLE Board; and 3. Comply with the applicable regulations of the law school or university involved. Law School Courses Credit for Teaching Full-time teachers and lawyers whose primary employment is teaching law school courses may not earn credit for teaching or preparation of law school courses. A lawyer who is acting as a part-time adjunct professor or lecturer may earn credit in connection with that lawyer's first presentation of a specific law school course, as follows: Presentation time one credit for each 60 minutes of presentation time for that lawyer's first presentation of a specific law school course, up to a maximum 15 credits for actual presentation time; and Preparation time one credit for each 60 minutes the lawyer spends preparing for each 60 minutes of presentation time, up to a maximum of 10 credits of actual preparation time for each 60 minutes of presentation time. (APR 11 Regulation 103(e)(2)) Apply for Credit for Law School Course Presentation Time Online: Search the online MCLE database to determine if the course has been approved. If it has, add it to your online roster. If it has not, then you will need to seek approval of the activity: 1. Click the "New Live Activity Form 1" or "New AV Activity Form 1" link located at the bottom of the search results list. Fill out the form, attach the syllabus file (with class dates as well as start and end time of each class and breaks) and submit the course for accreditation review. Without a syllabus, no credit can be granted. 2. Complete the Form 1 application. 3. Click the "Submit to WSBA" button. Your application will be placed in a queue and evaluated for credit. The Activity Submission page will open and verify that your application has been submitted. 4. Follow procedures in Process After Submitting a Form 1 Application. WSBA Member Guide to MCLE Revised January 2014 12
Apply for Credit for Law School Course Preparation Time Online: 1. From your online MCLE roster page, click on "Add Activity." 2. Click on the "Speaker or Panelist Prep Credit" Form 1 link. 3. Select the course at which you presented. 4. Fill out the Preparation Time form and then click "Submit." 5. Follow procedures in Process After Submitting a Form 1 Application. Law School Competitions You may earn a maximum of 6 credits in any three-year reporting period for judging and preparing law students at an ABA accredited law school for law competitions, mock trials, or moot court competitions provided that you: 1. Receive approved training prior to each competition in the feedback process to be used by the "judge" to give performance feedback to each student during the event; 2. Implement that process appropriately during the competition; and 3. Receive certification from the sponsor that includes: your name; the name, date, and location of the course or program; and the number of CLE credit hours earned. Neither prep time nor ethics credit may be earned, nor can credit be earned for reviewing or grading written papers connected with this type of activity, such as briefs. [APR 11 Regulation 103(g)] Apply for Law School Competition (Moot Court) Credit Online: NOTE: If you were a judge at a Washington state law school competition, the law school will report your attendance. 1. From your online MCLE roster page, click on "Add Activity." 2. Click on the "Moot Court" Form 1 link. Fill out the form and click "Submit" when finished. 3. Follow procedures in Process After Submitting a Form 1 Application. Bar Review Courses CLE credit cannot be earned for bar review courses offered in preparation for the Washington State Bar examination. (APR 11 Regulation 103(m)(6)). If you are preparing to take a bar exam in another jurisdiction, you may receive MCLE credit for bar review courses for those jurisdictions. You may receive one CLE credit for each live or A/V classroom hour of substantive legal instruction. Credit is not given for course content related to WSBA Member Guide to MCLE Revised January 2014 13
how to successfully take the bar exam itself (e.g. how to write good answers to bar exam questions). Nexus Credit You may earn credits for actually attending, teaching, or participating at a course that does not qualify for approval under the MCLE regulations and does not directly deal with the practice of law but that is substantially related to your area of practice (e.g., medical courses for medical malpractice practitioners). To earn nexus credits, you must demonstrate in a statement submitted on the Form 1 course approval application that the topic, depth, and skill level will improve your competence to practice law. RETENTION AND RECORDS Retention Period for Course Materials, Agendas, and Certificates of Attendance After the MCLE Board has approved the course, it generally will not request the associated written materials from you, so you should keep them according to your own need. For the purpose of a possible MCLE audit, however, agendas and certificates of attendance for a course should be retained for four years after the reporting period in which you took that course. Copy of Paper MCLE Certification (C2) form Certification (C2) forms for previous reporting periods are only kept for a short time. If your C2 form is still on-site at the WSBA, the fee for a copy is $10. If it has been sent to off-site storage, the fee for a copy is $25. Please contact the WSBA Service Center at 800-945-9722, 206-443- 9722, or questions@wsba.org and ask to speak with an MCLE Analyst. The Analyst will be able to tell you if we still have your form and, if so, whether it is on-site or at off-site storage. If the MCLE Analyst confirms that we still have the form, please send a written request for your C2 form to the WSBA and remit the appropriate fee (payable to WSBA). Mail to MCLE C2 form Request, Washington State Bar Association, 1325 4th Avenue #600, Seattle, WA 98101-2539. WSBA Member Guide to MCLE Revised January 2014 14