(a) Credit Hours. Within the first two
(2) years of the date of admission to the Bar, each newly admitted attorney
shall complete a minimum of 32 credit hours (16 credit hours each year) of
accredited transitional education as follows:
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Year 1*
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Year 2*
|
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Seven (7) credit hours of law practice
management, areas of professional practice, and/or cybersecurity, privacy and
data protection-general;
|
Seven (7) credit hours of law practice
management, areas of professional practice, and/or cybersecurity, privacy and
data protection-general;
|
|
Six (6) credit hours of skills;
and
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Six (6) credit hours of skills;
and
|
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Three (3) credit hours of ethics and
professionalism. For cybersecurity, privacy and data protection-ethics, see
below.**
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Three (3) credit hours of ethics and
professionalism. For cybersecurity, privacy and data protection-ethics, see
below.**
|
*As part of the 32-credit hour requirement, each newly
admitted attorney must complete at least one (1) credit hour of cybersecurity,
privacy and data protection.
** Attorneys may apply a maximum of three (3) credit
hours of cybersecurity, privacy and data protection-ethics to the six-credit
hour ethics and professionalism requirement.
Ethics and professionalism, skills, law practice
management, areas of professional practice, and cybersecurity, privacy and data
protection are defined in §
1500.2.
(b) Carry-Over Credit. Except as provided in
section
1500.13(b)(2), a
newly admitted attorney who accumulates more than the 16 hours of credit
required in the first year of admission to the Bar may carry over to the second
year of admission to the Bar a maximum of eight (8) credits. Six (6) credits in
excess of the 16-hour requirement in the second year of admission to the Bar
may be carried over to the following biennial reporting cycle to fulfill the
requirements of Subpart C. Credit in ethics and professionalism and
cybersecurity, privacy and data protection-ethics may not be carried
over.
(c) Accredited
courses or programs only. Transitional continuing legal education credit will
be granted only for courses and programs approved as such by the CLE board,
except as provided in subdivision (d) of this section. No transitional
continuing legal education course or program consisting of nontraditional
formats, such as self-study, correspondence work, videotapes, audiotapes,
motion picture presentations or on-line programs may be accepted for credit
without prior permission from the CLE board, except as provided in the
regulations and guidelines.
(d) Other jurisdictions. Transitional
continuing legal education courses approved by another state, the District of
Columbia, any territory of the United States or any foreign jurisdiction with
requirements meeting the standards adopted by the CLE board shall count toward
the newly admitted attorney's compliance with New York's transitional CLE
program requirements in accordance with the regulations and guidelines
established by the CLE board and this Part.
(e) Post-graduation/pre-admission. A
maximum of 16 credit hours of approved transitional CLE courses taken from the
date of graduation from law school up through the date of admission to the New
York Bar may be applied toward a newly admitted attorney's first-year CLE
program requirements. Credit hours in excess of 16 may not be carried over and
applied toward the second-year CLE requirement.
(f) Obligations of attorneys
exempt from the program requirements.
(1) An attorney who is exempt from the
requirements of this program and who is required to comply with the continuing
legal education requirements of another jurisdiction shall comply with those
requirements and shall certify to this compliance on the attorney's biennial
attorney registration statement.
(2) An attorney who is exempt from the
requirements of this program and who is not required to comply with the
continuing legal education requirements of another jurisdiction shall so
certify on the attorney's biennial attorney registration statement.
(3) An attorney who is exempt
from the requirements of this program and who thereafter ceases to be exempt
and commences the practice of law in New York during the first two years after
admission to the Bar shall be required to complete by the end of those two
years 1.5 credit hours of accredited continuing legal education as set forth in
subdivision (a) of this section, in any combination of categories set forth in
said section, for each full month of the two-year period during which the
attorney practices law in New York.
(4) An attorney who permanently ceases
to practice law in New York while commencing or continuing the practice of law
in another jurisdiction shall be exempt from the requirements of this program
for the year in which the permanent cessation from New York practice occurred,
and shall comply with the requirements of any jurisdiction in which the
attorney practices law during that year.
