Compliance Update

As we all know, Business and Professions Code section 6450, et seq. establishes mandatory continuing legal education requirements. California paralegals must meet the following continuing education requirements:

• Four hours of general or specialized legal education every two years; and
• Four hours of legal ethics every three years.

There is no mechanism for reporting or monitoring compliance with this requirement. Paralegals and their supervising attorneys must certify compliance, but the paralegals are responsible for maintaining records of the certifications. A sample compliance log to track continuing education units can be found online at www.capa.org.

All paralegals practicing within the definition established by the Code on or before January 1, 2001, should have already started their continuing education and should continue on into eternity based on that start date. For instance:

General/Specialized Law: Two-year period begins on January 1,2001 (odd-numbered year) and ended on December 31, 2002 9even numbered year), and follows the same cycle every two years.

Ethics: Three-year period begins on January 1, 2001, and ends on December 31, 2003 and follows the same cycle every three years.

All paralegals that began or will begin practicing after January 1, 2001, should start their continuing education on the date they became or will become qualified as paralegals pursuant to the Code.

General/Specialized Law: Two year period begins on the date the individual becomes a paralegal within the definition of the Code, ends two years later, and follows the same cycle every two years.

Ethics: Three year period begins on the date the individual becomes a paralegal within the definition of the Code, ends three years later, and follows the same cycle every three years.

The Code does not permit paralegals to carry over continuing education credit from one period to the next. Noncompliance is justification for civil and criminal penalties.

The MANDATORY Continuing legal education requirements provide that all continuing education courses meet the requirements of Business and Professions Code section 6070. Pursuant to section 61070, only courses offered by the State Bar of California approved MCLE providers are recognized when considering MCLE credit hours earned. If accredited by the State Bar of California, the following are permitted:

• Audio/Videotape CLE
• Online CLE
• Satellite and Teleconference CLE
• In-house Education
• University/College Courses
• Self-study education
• Out-of-state CLE activity

The State Bar has gone on record stating that, “If an activity is geared toward Paralegals or attended only by Paralegals, the activity DOES NOT qualify for MCLE credit and therefore does not meet either the Attorney’s or the Paralegal’s requirements.”

When considering a continuing education program, look at the educational objective that should be clearly stated in the program promotional materials. Remember that under Business and Professions Code section 6450 (d), paralegals only need continuing education in ethics and general or specialized law. The promotional materials should describe more than the general topic of the seminar. The materials should explain what you will learn and whether the presentation is intended as an introduction to the subject matter or as a more in depth discussion on specific areas of law or bodies of knowledge. If it is a specialized legal topic, the presentation should be designed to advance the skills of a paralegal/attorney currently working in that specific field of law. Paralegals may want to maintain copies of any supporting documentation with their continuing education compliance log.