The State Bar is getting serious about compliance with its Minimum Continuing Legal Education (MCLE) requirements for members. The State Bar started conducting annual audits in 2011 and is currently taking action against those members who have not met the requirements or have “misinformed” the organization about their compliance. Actions range from placing attorneys on “inactive” status to the more serious censure by the Bar.
In the December 1, 2015 issue of the Daily Journal (subscription required, paper version available at the Alameda County Law Library) the headline reads, “Discipline Over Legal Education Hits New High.” The California legal newspaper article goes on to report that as a result of the State Bar’s annual audits more than 280 attorneys out of the 5,220 audited were found to have failed to meet the California State Bar’s MCLE requirements.
Are you in the current MCLE reporting group?
Starting on December 1, Group 1 (attorneys with their last names beginning with A through G) should report their compliance online through My State Bar Profile. Group 1 compliance deadline for 2/1/13 – 1/31/16 is February 1, 2016. If you miss this deadline, there is a $75 late penalty.
The State Bar requires attorneys to complete 25 hours of continuing education courses every three years. For more information about the specific requirements, check the Bar’s webpage.
MCLE resources at ACLL – Self Study and Participatory Programs
ACLL has resources to help attorneys complete MCLE requirements. You can find information on our MCLE resources HERE. MCLE CDs are available for circulation to registered borrowers at the Reference Desk. A list of titles and fees can be found on our webpage. You can even meet a portion of the required hours in the participatory credits category by completing self-study at our library locations as ACLL is a registered California State Bar MCLE provider.
ACLL offers MCLE programs throughout the year at its transit-friendly Oakland location. The programs are usually scheduled over the lunch hour. You can receive MCLE program information by email by signing up through the Alameda County’s system’s link below.
Coming up this month are two programs. The first is Substance Abuse in the Legal Profession on Tuesday, December 15, 2015 from Noon to 1:00 pm.. Attendees will be eligible for MCLE substance abuse, participatory credits. The speaker will be David Mann, Northern California consultant for The Other Bar. Mann approaches this very serious topic in a manner that incorporates humor and irony and invites attorneys to engage in a bit of sometimes much-needed self-reflection. He incorporates his own situation as a case study of an addict. You will laugh, you may be shocked and you will be tempted to cry.
For the second program on Thursday, December 17 from Noon to 1:30 p.m., the speaker will be veteran collections attorney and author for 39 years, David J. Cook. The program’s title is Is Too Much Equity a Bad Thing? Since 2009, home values in the Bay Area have skyrocketed by as much as 250%, giving rise to the following challenges:
- Foreclosing on old deeds of trust and The Marketable Record Title Act , CC 882.020
- Levying on homes with equity and breaching the prohibition on a forced sale. The 90% rule under CCP 704.800(b)
- Bigger pay-outs in divorce proceeding based on Moore/Marsden
- Battles over buy-outs in partnership dissolutions or corporate dissolutions
- Disputes over value in TIC arbitrations
- Undervaluing real estate equities in bankruptcy schedules, “hardship” loan applications, student loan/government loan programs
Assessing assets of a debtor in the face of “policy limited offer”
- Motion to avoid liens in bankruptcy: Bank. Code Section 522(f)(1) and claim of exemption in Schedule C. Bankruptcy Fraud or barring the discharge under Bankruptcy Code Section 727
Both these programs are expected to be sold out. You can pre-register using the Eventbrite site using the links in this post.