N.Y. Comp. Codes R. & Regs. Tit. 22 § 1500.22 - Minimum Requirements
(a) Credit
Hours. Each attorney shall complete a minimum of 24 credit hours of accredited
continuing legal education each biennial reporting cycle in ethics and
professionalism, skills, law practice management, areas of professional
practice, or diversity, inclusion and elimination of bias, or cybersecurity,
privacy and data protection, at least four (4) credit hours of which shall be
in ethics and professionalism, at least one (1) credit hour of which shall be
in diversity, inclusion and elimination of bias, and at least one (1) credit
hour of which shall be in cybersecurity, privacy and data protection.
Attorneys may apply a maximum of three (3) credit hours of cybersecurity, privacy and data protection-ethics to the four-credit hour ethics and professionalism requirement.
Ethics and professionalism, skills, law practice management, areas of professional practice, diversity, inclusion and elimination of bias, and cybersecurity, privacy and data protection are defined in § 1500.2.
(b) Biennial reporting cycle.
(1) The biennial reporting
cycle shall be the two-year period between the dates of submission of the
attorney's biennial registration statement.
(2) An attorney shall comply with the
requirements of this subpart commencing from the time of the filing of the
attorney's biennial attorney registration statement in the second calendar year
following admission to the Bar.
(3) A newly admitted attorney whose
transitional two-year post-Bar admission period has not been completed as of
the last day the attorney registration statement in paragraph (2) of this
subdivision is required to be filed may apply 12 credit hours of the
second-year accredited transitional education credits required in section
1500.12(a) of
this Part to fulfilling the requirements of this subpart.
(c) Carry-over credit. An
attorney who accumulates more than the 24 hours of credit in any one biennial
reporting cycle may carry over a maximum of six credits to the next biennial
reporting cycle.
(d)
Course or program formats. Continuing legal education courses or programs may
include traditional live classroom or audience settings; teleconferences; video
conferences; satellite transmissions; videotapes; audiotapes; motion picture
presentations; interactive video instruction; activities electronically
transmitted from another location; self- study; correspondence work; and
on-line computer courses.
(e) Credit for speaking and teaching
activities. Credit may be earned through speaking, teaching or participating in
a panel in an accredited CLE program. Where teaching is done in tandem or by
panel, teaching credit shall be given to all participants.
(f) Credit for teaching law
school classes. Credit may be earned through teaching in an ABA-accredited law
school as may be permitted pursuant to the regulations and guidelines of the
CLE board.
(g)
Credit for attending law school courses. Credit may be earned for attending
courses at an ABA-accredited law school after admission to practice in New York
provided:
(1) the attorney is
officially registered for the course; and
(2) the attorney completed the course
as required by the terms of registration.
(h) Credit for judging law
competitions. Credit may be earned for preparing students for and judging law
competitions, mock trials and moot court arguments, including those in high
school, pursuant to the regulations and guidelines of the CLE board.
(i) Credit for publications.
Credit may be earned, as may be permitted pursuant to the regulations and
guidelines of the CLE board, for legal research-based writing upon application
to the CLE board, provided the activity:
(1) produced material published or to
be published, in print or electronically, in the form of an article, chapter or
book written, in whole or in substantial part, by the applicant; and
(2) contributed substantially
to the continuing legal education of the applicant and other
attorneys.
(j) Credit for performing pro bono
legal services. Credit may be earned for performing uncompensated legal
services for clients unable to afford counsel pursuant to:
(1) assignment by a court;
or
(2) a program,
accredited by the CLE board, of a bar association, legal services provider or
other entity.
Credit shall be awarded pursuant to the regulations and guidelines of the CLE board, provided that no more than 10 hours of CLE credit may be earned in a two-year reporting period for performing pro bono legal services. An additional five hours of CLE credit may be earned subject to the requirements and limitations set forth in the regulations and guidelines of the CLE Board.
(k) Accredited courses,
programs and activities only. Continuing legal education credit will be granted
only for courses, programs and activities approved by the CLE board, except
where credit is extended as provided in subdivision (m) of this
section.
(l)
Individual course approval. An attorney seeking approval of a course or program
that has not otherwise been approved shall apply to the CLE board for approval
in accordance with board procedures. Such approval must be sought at least 60
days prior to the occurrence of the course or program, except in extenuating
circumstances and only with prior permission of the board.
(m) Other jurisdictions.
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 attorney's compliance with New York's CLE program requirements in
accordance with the regulations and guidelines established by the CLE board and
this Part.
(n)
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 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 a biennial reporting cycle
shall be required to complete by the end of the reporting cycle one credit hour
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 calendar month of the biennial reporting cycle 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 reporting cycle in which the permanent cessation from New York practice
occurred, and shall comply with the requirements of the jurisdiction in which
the attorney practices law during that cycle.
Notes
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