Overview of CLE in Illinois
In Illinois, Continuing Legal Education or CLE refers to the mandatory process through which practicing attorneys can maintain, develop and improve their professional skills and knowledge after obtaining admission to the bar. To a great extent the evolution and expansion of the CLE concept has taken place nationally in the context of a voluntary law practice improvement movement and the larger continuing professional education movement found in other professions. The Illinois Supreme Court established rules regarding CLE in In re: Application of Illinois Supreme Court Rule 794 and Orders dated July 1, 1992, as amended, September 14, 1993, and June 19, 1997. The CLE program is administered by the Supreme Court Rules Committee of the Illinois Supreme Court, with oversight and enforcement by the Illinois Registration and Disciplinary Commission (IRDC). Its primary charge is to establish standards for CLE compliance. In accomplishing its mission, the CLE program seeks to ensure that attorneys who are licensed to practice law have the requisite level of knowledge and skill, keep pace with changes in the law and provide high quality legal services to their clients .
Many states have enacted CLE requirements to help ensure that licensed attorneys continue to keep abreast of the law. CLE is an important component of continuing professional growth, a recognized process critical to the profession of law, by which lawyers strive to gain new perspectives, to learn new techniques, confirm their knowledge or sharpen current skills.
Continuing legal education can also help attorneys keep current with developments in communications technology and electronic information, such as law office management software and databases. A 1997-98 study of 135 bar associations and 1,969 bar leaders, by the American Bar Association Commission on Professional Competence, found that in 90 percent of the responding associations, CLE was the primary or supporting method of developing professional competence. This study and other ABA reports noted that one in three of all respondents stated that, as part of general consumer protection, the public had the right to be represented by competent attorneys, and nearly half of those surveyed agreed that this meant that lawyers had more than an ethical obligation to be competent in the law. Continuing legal education was expected to guarantee that lawyers could meet competency standards.
Required CLE Hours
On a two-year reporting period basis, Illinois attorneys are required to complete 30 hours of approved continuing education, including at least one hour in the area of professional responsibility. While the Illinois Supreme Court sets the overall hours, subject to certain exceptions, attorneys may fulfill the requirement in any area of practice.
The Supreme Court Commission on Professional Responsibility for the Legal Profession results from the charge of the Illinois Supreme Court in LEADS Order 9058 (February 6, 1990), and is responsible for developing requirements in legal areas beyond professional responsibility.
Illinois attorneys must complete their CLE requirement during the reporting period and certify compliance by February 28 of the year in which the reporting period ends. Illinois attorneys who do not complete their CLE requirement during the reporting period are subject to a $250 noncompliance fee for their Group.
A reporting period is considered as follows: January 1-December 31 in an even-numbered year; January 1-December 31 in an odd-numbered year; or July 1-June 30 in an even-numbered year; July 1-June 30 in an odd-numbered year; or January 1-June 30 in the year after the end of the second year of a two-year period.
Unused credits may be carried over into the following reporting period with limitations, but at least 10 credits must be earned during the reporting period.
Reporting Periods and Due Dates
Illinois attorneys need to complete their continuing legal education courses during a two-year reporting period. This two-year period begins on the first day of the month in which an attorney is admitted to practice or the attorney’s most recent 60-minute ethics course, whichever is later. The reporting period ends on the last day of the month before the attorney’s birth month in the second year. So, for example, if an attorney is born on May 25 and is admitted to practice on September 10, the reporting period starts on September 1 of the attorney’s admission year and the end date is the last day of April two years later.
Attorneys must also submit their completed CLE credits to the ARDC on or before the last day of their birth month during their reporting period. So, in the example above, the attorney must complete at least 30 Illinois MCLE on or before April 30 two years after their birth month in order to avoid an administrative fee.
There are strict deadlines when issuing and reporting Illinois CLE credit. In general, you must report your CLE attendance within 30.
An attorney’s CLE requirements may include:
Non-compliance with Illinois CLE rules can result in late fees, administrative suspensions, and, in serious cases, possible disciplinary action. There are also additional consequences unique to attorneys issued by the Illinois Supreme Court or by other licensing jurisdictions. As such, it is extraordinarily important to comply with the CLE requirements.
CLEALTV Approved Programs and Providers
Within the Illinois ARDC CLE site, there is a search tool to allow attorneys to search for approved continuing legal education (CLE) courses. The tool section allows users to search by course name or provider name, and then view detailed information about the course, such as its location, provider name, and whether it is live or recorded. The tool allows for narrowing down the search by year, month, and day, using drop down menus.
While attorneys can use this tool for any CLE program that has or will occur, the tool also provides a way for an attorney to view their CLE compliance history. CLE compliance history can be displayed for two years from the date of the request. The information displayed is the title of the program; provider name; address, city, state; date of the program; description; category; method of presentation; minutes attended; and the date the CLE report was filed with the ARDC.
The most common method of presentation for CLE programs is in-person attendance at a live seminar. Many attorneys attend CLE programs at their law firm, either from in-house providers or through nationally-known CLE providers’ Live in-House Seminars. There is also extensive opportunity to attend live seminars in Chicago, including venues such as DePaul, Illinois Institute of Continuing Legal Education (IICLE), National Business Institute (NBI), and CLE seminars held at Illinois legal and accounting organizations.
CLE content can also be covered in different ways on an attorney’s time schedule. For example, CLE can occur through "live webcast" from vendors such as NBI and IICLE, which provide CLE materials online either live or prepared in advance on the internet, and enable participation from any state to learn remotely or follow along with leading experts.
In addition, authorized providers for CLE in Illinois who present programs that have been recorded may make recordings available to attorneys for download to iPads or mobile devices. Several popular mobile based CLE apps include CLETrac and ALM CLE Center (which feature the Practical Law & Practice Guides).
Nationally-known CLE providers also provide an array of in-person seminars, webcasts, and recorded programs. For example, Judge John D. Bates, a U.S. Bankruptcy Judge in Washington, D.C with Traub Lieberman Straus & Shrewsberry helps produce many programs such as NBI’s "Evidence in Bankruptcy Hearings: Overturning Jury Verdicts & Ineffective Verdicts", "Asset Valuation: Overcoming the Difficult Bumps," and "Bankruptcy Confirmation Daudiements: Techniques to Remedy Confirmation Problems," all tailored for lawyers who represent clients either in or facing bankruptcy.
In addition, authorized CLE providers are required by the CLE Board to provide certificates of attendance to attendees, and to submit compliant files of attendance to the ARDC. Additionally, several providers are accredited for CLE requirements in multiple jurisdictions. As the ARDC explains:
Requirements for MCLE approval vary among states. MCLE providers who seek approval of programs that comply with other states’ requirements should submit accurate, complete documentation together with its MCLE application showing how the program satisfies the requirements of each state. It is the applicant’s responsibility to review and be familiar with all program requirements for states in which it seeks approval.
Additionally:
All MCLE course applications must show how a course will satisfy a defined Illinois MCLE requirement. To be MCLE approved the course:
Unapproved courses will not be accepted for Illinois MCLE credit even if the course has been approved in other states. Unapproved courses cannot be considered self study fulfilling the Illinois CLE Basic Skills requirement. The following courses may be offered as self paced self study courses:
Self paced audio and video programs and CD-ROM programs are considered self study when the program does not require attendance at a lecture. Some providers may issue a paper based test, which must be passed in order to receive credit, or they may issue a true/false or multiple choice test for which a passing grade of 70% for a total of 10 questions is required in order to receive your certificate of completion for attendance used to meet the Illinois CLE requirement.
Exemptions & Extensions
Any attorney taking full-time parental or caretaker leave shall be granted an extension of 18 months following the completion of the attorney’s license cycle to complete all outstanding required continuing legal education credits. "Full-time parental or caretaker leave" means a leave of absence from legal practice in Illinois for nine months or longer during which an attorney who is either a new parent, or caring for a family member with a serious health condition, or both, is not practicing law. After the leave, the attorney shall be required to make up the CLE credits not completed prior to the leave over the next two years of her license cycle.
Attorneys must notify the Commission of their intent to take a full-time parental or caretaker leave of absence at least 30 days prior to leaving legal practice in Illinois, and again upon returning to practice. Notice should be made with the Commission compliance officer and sent to [email protected].
In order to maintain an exemption for medical incapacity , an attorney must request confirmation that he has established eligibility for an accounting for medical incapacity. Counsel may not invoice for time spent maintaining the exemption. The attorney requesting the exemption also must authorize information disclosure to the Commission. An exemption does not relieve the exempted attorney of responsibility for complying with the requirements that apply to newly licensed attorneys. Any attorney who submits an application for an extension of the reporting deadline shall maintain a record of his or her completed credit requirements and may not engage in activity for which Illinois MCLE credit is available which would contribute to completion of his or her credit requirements without first filing an MCLE Extension Application and receiving notice from the Commission that his or her application has been approved.
Advantages of Compliance
Beyond the penalties risked, compliance with Illinois Continuing Legal Education requirements brings several advantages and benefits for licensed attorneys. With approval from the Illinois Supreme Court Commission on Professionalism, lawyers can earn credit for pro bono work as well as certain volunteer service committees of the Supreme Court of Illinois. The hardest requirement, however, may be the general participation in programs offered by continuing legal education providers as they offer structured, pre-determined opportunities to earn CLE credits and keep current with legal trends.
Regarding pro bono, which we will discuss later in this guide, compliance can certainly augment legal experience for junior attorneys may the credit hours be counted towards their educational requirements, and paid workers in non-profit and volunteer legal advocacy organizations may find themselves earning not only college credit but also valuable experience. And for attorneys at large firms whose research and case meetings are very important with an eye on the goal of billable hours, participating in formal continuing legal education can reduce wasted time during those meetings. Attendance will keep multiple attorneys on the same page and familiarize more associates and partners with the same research on the subject being worked upon. Additionally, it can reduce the need to meet to address issues regarding collateral topics or areas that should simply be understood when working on the main project, saving a significant amount of billable hours in the long run.
Attending a class with co-workers and colleagues can be a highlight of the year. The requirements force many situations where a group of attorneys can meet somewhere far outside the office. This can provide a valuable bonding opportunity and a much-needed break from the stresses of the job. It can also be an ideal opportunity to network with other lawyers, including the possibility of meeting future mentors and litigators that may be helpful in the long run. Even for attorneys that work in-house rather than for a law firm, networking is a great thing. It may seem odd, but there is no reason to take CLE classes entirely with other attorneys who share the same specialty – rather, make the most of the opportunity to get to know other lawyers and potential contacts who could help you advance your career in the future.
The legal profession is continually evolving, and these transformations reflect in the law being practiced and how it is practiced. CLE programs are a great opportunity to stay ahead of the curve, especially given how important national trends can be for the local economy and business prospects for solo attorneys and small firms. The ability to spot possible opportunities in your industry and be prepared for them can place your business above the competition. Structural changes can also create potential concerns that you can then address early by pursuing new education programs. Ethics requirements, for instance, can help you avoid substantial errors and omissions for the benefit of you and your clients.
Support & Resources
A variety of resources and support are available to assist Illinois attorneys in satisfying their CLE requirements. The Illinois Supreme Court Commission on Professionalism, for example, provides information on its website with regards to approved accredited providers .
Short of being sanctioned, attending an MCLE program is not optional and attorneys must comply. Through programs such as webinars and presentations put on by the Illinois State Bar Association, as well as other bar associations, attorneys have the ability to obtain all 30 hours of credit by complying with the requirements.
