MCLE Requirements

(1) Who Administers Supreme Court Rule 15?

The Missouri Bar administers the accreditation and reporting provisions of Rule 15. Requests for information concerning Rule 15 should be sent to: The Missouri Bar, Attn: MCLE, 326 Monroe Street, PO Box 2355, Jefferson City, Missouri 65102-2355; or (573) 638-2233; or mcle@mobar.org.

(2) To What Bar Members Does Rule 15 Apply?

As used in Rule 15, the term "lawyer" means a member of The Missouri Bar.

(3) What Are the MCLE Requirements?

Each lawyer actively practicing law in Missouri, including Senior Counselors who are "EXEMPT" from the payment of bar dues, must complete 15 hours of continuing legal education, including two hours of professionalism, ethics or malpractice prevention credit, during each July 1 - June 30 reporting period and by July 31 make an annual report to The Missouri Bar, except lawyers newly admitted to The Missouri Bar who are exempt from the annual requirements of Rule 15 for the July 1 - June 30 reporting year in which they are admitted. Thus, lawyers newly admitted during the July 1, 2012 – June 30, 2013 reporting year are exempt from the annual requirements of Rule 15 for the July 1, 2012 – June 30, 2013 reporting year. As explained in Question 31, all lawyers admitted or reinstated to The Missouri Bar are required to obtain professionalism, ethics and malpractice prevention credit within 12 months of admission or reinstatement regardless of dues status or whether the lawyer practices law in Missouri or resides in Missouri after admission or reinstatement.

For the purpose of Rule 15, the term "practice of law" is not limited to the private practice of law. Lawyers employed in corporate law departments, including lawyers with a license under Rule 8.105, by bank trust departments, in government legal offices, as judicial law clerks and as law school professors, including law professors authorized under Rule 13.06 to supervise law students in court, are subject to the annual requirements of 15 hours of continuing legal education including two hours of professionalism, ethics or malpractice prevention credit. Retired lawyers who do not hold themselves out as actively practicing and only occasionally render legal advice to family members or friends are not considered to be in the active practice of law for the purpose of Rule 15 and may claim an exemption by filing the Annual Report of Compliance, Form 1 by July 31 of each year.

Certain lawyers are exempt from the annual requirements of Rule 15. See Question 24.

(4) When Must the Annual Requirements Be Completed and Reported?

The hours must be completed between July 1 and June 30 of the succeeding year. The Attorney's Annual Report of Compliance, Form 1 is due by July 31 of each year. See Question 36 for information concerning reporting of the professionalism, ethics or malpractice prevention requirements.

(5) How Do Lawyers Report Compliance?

A lawyer subject to the reporting requirements of Rule 15 must file the Attorney's Annual Report of Compliance, Form 1, with The Missouri Bar by July 31 and either report 15 hours of continuing legal education, including two hours of professionalism, ethics or malpractice prevention credits, if they are actively practicing in Missouri, or claim an exemption as a non-practicing lawyer. Even if a lawyer has carryover hours from the preceding reporting year sufficient to satisfy the annual requirements, the lawyer must file an Annual Report of Compliance by July 31 showing the carryover hours and any other programs the lawyer may have attended. See Question 24. concerning exemptions from the reporting requirements of Rule 15.

To file your Annual Report of Compliance electronically or to check your carryover credit from the preceding year go to My MCLE at the Members Only section of www.mobar.org.

Sponsors are required to retain attendance records but sponsors may not file compliance information on behalf of an individual lawyer.

Lawyers and sponsors are not required to send certificates of attendance from individual programs to The Missouri Bar. Each lawyer is responsible for maintaining his or her personal MCLE record.

(6) What Are the Requirements of Continuing Legal Education in Professionalism, Ethics and Malpractice Prevention?

Missouri lawyers are required to obtain continuing legal education devoted exclusively to professionalism, ethics or malpractice prevention. There are two different requirements. For additional information, see Questions 31-36.

(7) What Are the Late-Filing Fees?

Every lawyer to whom a delinquency notice is sent pursuant to Rule 15.06(b) shall pay a late-filing fee of $35.00. Payment of this fee shall accompany the late-filed Annual Report establishing compliance with Rule 15. Rule 15.06(f) establishes an additional $100.00 fee as a condition for reinstatement of lawyers suspended from the practice of law for failing to comply with Rule 15. The fees shall be paid to The Missouri Bar for deposit in the Advisory Committee Fund to assist in funding the lawyer discipline system.  

(8) Are Records of Attendance Required In Addition to the Annual Report?

Sponsors are required to retain records of attendance for three years to enable lawyers or The Missouri Bar to obtain verification of attendance. Sponsors do not submit information establishing compliance by individual lawyers. Accredited sponsors are required annually to send a list of the programs conducted during the July 1 – June 30 reporting year to The Missouri Bar by July 31.  

(9) What If a Lawyer Reports More Credit Hours for a Reporting Year than the Annual CLE Requirements?

If a lawyer reports more than 15 hours of CLE for a reporting year, exclusive of the hours of credit for self-study, up to 15 hours of such excess may be carried over to apply to the 15 hour annual requirement of the immediately succeeding reporting year. Even if a lawyer is exempt from the 15-hour requirement during the reporting year, such as a lawyer initially licensed to practice during the July 1 – June 30 reporting year, the lawyer must still report more than 15 hours exclusive of self-study to have carryover credit to apply to the 15 hour requirement of the succeeding year. See Question 10 for the formula for determining the amount of carryover credit.

If a lawyer reports more than two hours of professionalism, ethics or malpractice prevention credit for a reporting year, up to two hours of such excess may be carried over to apply to the requirement of Rule 15.05(f) for the immediately succeeding reporting year. See Question 10 for the formula for determining the amount of carryover credit. As with the 15 hour annual requirement, even if a lawyer is exempt from the annual professionalism, ethics or malpractice prevention requirement, the lawyer must have more than two hours of such credit to have carryover professionalism, ethics or malpractice prevention credit to apply to the requirement of Rule 15.05(f) of the immediately succeeding reporting year.

(10) How Are Carryover Hours for the Annual Requirements of Rule 15.05(a) and Rule 15.05(f) Determined?

To determine the carryover credit hours for the 15 hour annual requirement of Rule 15.05(a), total the hours of credit reported, including Rule 15.05(a) carryover hours from the preceding year. Then subtract the self-study credit hours reported, as required by Regulation 15.05.6. Finally, subtract 15 from that amount. A maximum of 15 hours may be carried over to the immediately succeeding reporting year. To claim carryover credit from the preceding year, the credit hours must have been reported on the Attorney's Annual Report of Compliance for the preceding year.

    Formula: Line e - Line c - 15 = Line f carryover hours (maximum of 15) to be reported on Line d of the Annual Report 
    of the succeeding year.

To determine the carryover professionalism, ethics or malpractice prevention hours to apply to the two hour annual requirement of Rule 15.05(f) for the immediately succeeding reporting year, total the professionalism, ethics or malpractice prevention hours reported, including carryover professionalism, ethics or malpractice prevention hours from the immediately preceding year. Then, subtract two (2) from that amount. A maximum of two (2) professionalism, ethics or malpractice prevention hours may be carried over to apply to the two-hour annual requirement of Rule 15.05(f) for the immediately succeeding reporting year.  

    Formula: Line i - 2 = Line j carryover professionalism, ethics or malpractice prevention hours (maximum of 2) to be 
    reported on Line h of the Annual Report of the succeeding year.

To check your carryover credit from the preceding year go to My MCLE at the Members Only section of www.mobar.org.

(11) How Are the Number of Hours for a Program Determined?

The total instructional time in minutes is divided by 50 and rounded to the nearest one-tenth (0.1) of an hour. Instructional time does not include introductory remarks, coffee or meal breaks or business meetings.

(12) What If a Lawyer Attends Only a Portion of a Program?

A lawyer can obtain credit for the portion he or she attends. The number of hours of credit is determined by adding the minutes of instruction actually attended, dividing by 50 and rounding to the nearest one-tenth (0.1) of an hour.

(13) Can Lawyers Residing in Missouri But Not Actively Practicing in Missouri Keep Their Licenses Without Annually Completing 15 Hours of CLE, Including Two Professionalism, Ethics or Malpractice Prevention Hours?

Lawyers residing in Missouri but not actively practicing in Missouri during a reporting year may retain their licenses and remain members of The Missouri Bar without satisfying the annual requirements but must file the Annual Report of Compliance, Form 1 by July 31 of each year to claim an exemption. Members of The Missouri Bar who reside outside of Missouri should review Questions 28-30.

Rule 15.05(e) requires all members admitted or reinstated to The Missouri Bar to obtain professionalism, ethics or malpractice prevention credit within 12 months of admission or reinstatement even if a lawyer does not actively practice law in Missouri after admission or reinstatement to The Missouri Bar. See Question 31.

(14) What If a Lawyer Does Not Comply with Rule 15 and Is Not Otherwise Exempt or Excused from Compliance Due to Hardship or Extenuating Circumstance?

The names of all lawyers who do not comply with the requirements of Rule 15 are sent to the Clerk of the Supreme Court, Office of Chief Disciplinary Counsel and the Commission on Retirement, Removal and Discipline. Rule 15.06(f) provides that every lawyer so reported is suspended from the practice of law. Such lawyer's license may be reinstated as provided in Rule 15.06(f).

(15) How Does a Lawyer Know Whether a Program or Activity Is Accredited?

In many instances, the brochure will indicate that a program is accredited in Missouri. Also, the sponsor should be able to inform a lawyer whether the program is accredited or if the sponsor has requested accreditation from The Missouri Bar. Finally, The Missouri Bar will maintain records of accredited sponsors and individually-accredited programs.

(16) What Sponsors Are Accredited?

Certain well-known sponsors of CLE programs are accredited sponsors, including the Trial Judge Education Committee, The Missouri Bar, Kansas City Metropolitan Bar Association, Bar Association of Metropolitan St. Louis, St. Louis County Bar Association, Springfield Metropolitan Bar Association, Missouri Association of Trial Attorneys, Missouri Organization of Defense Lawyers, American Bar Association, American Law Institute, Practicing Law Institute and the law schools of the University of Missouri-Columbia, University of Missouri-Kansas City, St. Louis University and Washington University.

Other sponsors can obtain accreditation of a program upon application to The Missouri Bar by submitting a Form 6. It is expected that sponsors will state in their brochures which programs are accredited in Missouri. 

(17) If a Sponsor Does Not Obtain Accreditation of a Program or Activity, How Does an Individual Lawyer Obtain Accreditation of a Program or Activity?

If a program is already accredited, or if the sponsor has an application for accreditation pending, a lawyer need not file an application for accreditation. If a sponsor has not obtained accreditation of a program, an individual attorney may obtain accreditation by filing an Application by a Member of The Missouri Bar for Accreditation of a Continuing Legal Education Program or Activity, Form 2. If a brochure publicizing the program is available, a copy of the brochure should accompany the Form 2. The application should be submitted and approval received prior to listing the program or activity on the Annual Report (Form 1), which is due by July 31 and, preferably, prior to attending the program. The Form 2 is included in this booklet and made available on the Missouri Bar website www.mobar.org under MCLE Downloadable Forms.

(18) Can In-House Programs by Law Firms, Corporate Law Departments or Government Agencies Qualify for Accreditation?

Yes, in-house programs may be accredited on the same basis as programs by other sponsors.

(19) Can Credit Be Obtained by Viewing Videotapes or Materials Online?

If a qualified commentator is not available, a videotape or online materials may only be reported for self-study credit, which, except in cases of hardship, is limited to six hours and may not be reported for professionalism, ethics or malpractice prevention credit. However, if a qualified commentator is available to answer questions contemporaneously with showing of the videotape or accessing the online materials, such a program may be submitted for accreditation as any other live in-person program.

(20) How Many Hours May Be Completed by Self-Study?

In most situations, a maximum of six hours may be completed by self-study and self-study may not be used to satisfy the professionalism, ethics or malpractice prevention education requirements of Rule 15. Self-study may not be considered in determining the number of hours which a lawyer may carry over to the next reporting year.

Pursuant to Regulation 15.05.3, upon hardship application due to physical disability or another circumstance that makes attendance at programs unreasonably difficult, a lawyer may be authorized to report more than six hours of self-study to comply with the 15 hour annual requirement and report self-study to satisfy the professionalism, ethics or malpractice prevention education requirements.

The request for authorization to utilize such an alternative method of compliance should be made by sending an Application by a Member of The Missouri Bar for Hardship Exemption from MCLE Requirement, Form 3, to The Missouri Bar, Attn: MCLE, PO Box 2355, Jefferson City, MO 65102-2355. See Question 27.

(21) What Type of Activities Qualify for Self-Study?

Regulation 15.04.5 provides that up to six hours of self-study credit may be earned by studying law-related materials in furtherance of general academic and professional competence including but not limited to videotapes, audiotapes and advance sheets. Study of online on-demand legal materials may be reported for self-study credit, subject to the 6-hour limit.

The Missouri Bar does not accredit or otherwise specify which materials qualify for self-study credit. If, in the reasonable professional judgment of a lawyer, the study of particular law-related materials furthers his or her "general academic or professional competence," the lawyer may report the hours of study on Line c. on the Attorney's Annual Report of Compliance
 

(22) How Are the Credit Hours of CLE Speakers and Authors Determined and Reported?

Regulation 15.05.1 sets forth the standards for determining the number of credit hours a CLE speaker or author earns for a particular activity.

If they do not receive compensation other than reasonable expenses, authors of certain legal publications may receive MCLE credit for their actual preparation time, subject to a limit of 15 hours for each publication. Authorship of articles for general circulation newspapers or publications directed to a non-lawyer audience do not qualify for MCLE author credit under Regulation 15.05.1.

If they do not receive compensation other than reasonable expenses, speakers at accredited continuing legal education programs directed to lawyers may report their actual presentation time and actual preparation time. If the continuing legal education program has not been accredited by action of the sponsor, the individual lawyer should request accreditation of the program so that the presentation time and preparation time qualify for speaker credit. Presentations to non-lawyer groups which are not accredited CLE programs may not be reported for MCLE speaker credit.

There is a limit on the preparation time which may be reported for speaker credit of 15.0 hours for each 1.0 hour of presentation time. For example, a lawyer who makes a 60 minute presentation would be entitled to report 1.2 hours of actual presentation time. (60 minutes divided by Missouri's 50-minute credit hour equals 1.2) Also, the lawyer could report his or her actual preparation time, subject to an upper limit of 18 hours. (In this example, the upper limit is determined by multiplying 15.0 hours times 1.2 hours of presentation time.)

The speaker and author credit should be reported on line b. of the Attorney's Annual Report of Compliance. The lawyer's attendance at a portion of the program other than the presentation may be reported for attendance credit on line a. 

(23) What Types of Programs and Activities Qualify for MCLE Credit?

Programs offered by accredited or identified sponsors, Regs. 15.04.2 and 15.04.3(a) and (b); Programs for which an individual lawyer seeks and obtains accreditation, Reg. 15.04.3(c); Self-study, Reg. 15.04.5; CLE speaker and author credit when the speaker or author does not receive compensation other than reasonable expenses, Reg. 15.05.1; Alternative methods permitted upon approval of a hardship application, Reg. 15.05.3; Programs of the state bar association of an attorney whose principal place of practice is in a state other than Missouri that doesn’t have a continuing legal education requirement, Reg. 15.05.5.

(24) Which Lawyers Are Not Required to Comply With the Annual CLE Requirements During a Reporting Year?

A lawyer who does not actively practice law in Missouri during a reporting year, whether the lawyer resides in Missouri or out-of-state, is not required to complete 15 hours of continuing legal education, including two hours of professionalism, ethics or malpractice prevention credit. Depending upon the lawyer's Bar enrollment fee category, a lawyer may be required to file the Attorney's Annual Report of Compliance by July 31 of each year to claim an exemption.

A member of The Missouri Bar who does not practice in Missouri during a July 1 – June 30 reporting year, but who is not in the reduced fee category of Supreme Court of Missouri Rule 6.01(I)(3) for the entire July 1-June 30 reporting year, must file the Annual Report of Compliance by July 31 but may claim an exemption by making the appropriate designation on the Attorney's Annual Report of Compliance, Form 1. See the answer to Question 3 for information about the types of activities or employment that constitute the "practice of law" for the purpose of Rule 15.

A lawyer in the paid non-resident dues status of Rule 6.01(I)(3) during the entire July 1-June 30 reporting year is exempt from complying with the annual requirements of Rule 15.05(a) and Rule 15.05(f) and is not required to file an Annual Report to claim the exemption. Lawyers who change to Rule 6.01(I)(3) dues status in the middle of a July 1 – June 30 MCLE reporting year, for example at the time of payment of annual dues, must file an Annual Report to establish compliance with Rule 15 for that year. See Question 26.

Lawyers are exempt from the annual requirements of Rule 15 for the July 1 – June 30 reporting year in which they are admitted to The Missouri Bar. Accordingly, lawyers initially licensed to practice law in Missouri during the July 1, 2012 – June 30, 2013 reporting year are not required to file the Attorney’s Annual Report of Compliance, Form 1, for the July 1, 2012 – June 30, 2013 reporting year. However, if a lawyer initially licensed during the July 1, 2012 – June 30, 2013 reporting year obtained credit hours to comply with Rule 15.05(e) during that reporting year, the lawyer should file an Annual Report for that year to report professionalism, ethics and malpractice prevention credit obtained during that reporting year. See Question 31. Also, if a lawyer initially licensed during the July 1, 2012 – June 30, 2013 reporting year has more than 15 program or speaker/author hours, exclusive of self-study, the lawyer should report the hours to obtain carryover credit to apply to the 15 hour requirement of Rule 15.05(a) of the succeeding year. See Question 9.

Certain full-time government officials not in the public or private practice of law in Missouri during the reporting year may apply for an exemption. Visiting attorneys permitted to practice in Missouri pursuant to Supreme Court of Missouri Rule 9.03 not otherwise subject to Rule 15 are not subject to the reporting requirement of Rule 15. Lawyers may obtain a waiver due to physical hardship or extenuating circumstances pursuant to Reg. 15.05.3. See Question 27. 

(25) How Does a Lawyer Claim the Non-Practicing Exemption?

To claim this exemption, a lawyer may not have actively practiced law in Missouri during any portion of the July 1 - June 30 reporting year. The exemption may be claimed by making the appropriate designation on the Attorney's Annual Report of Compliance, Form 1 and filing that report each year by July 31.

(26) What If, Between July 1 and June 30, a Lawyer Changes from Non-Practicing Status to the Active Practice of Law in Missouri or from the Active Practice of Law to Non-Practicing Status?

If a lawyer is engaged in the active practice of law in Missouri during any portion of a July 1 - June 30 reporting year, the lawyer must report the full 15 hours of continuing legal education for that reporting year, including the two hours of professionalism, ethics and malpractice prevention credit required by Rule 15.05(f), unless the lawyer is recorded as Inactive pursuant to Rule 6.03 by June 30 of the reporting year.

(27) How Can a Lawyer Obtain an Exemption Based Upon Hardship or Extenuating Circumstances?

A lawyer should make a written request to The Missouri Bar by using the Application by a Member of The Missouri Bar for Hardship Exemption from MCLE Requirement, Form 3. The application should be made at least 60 days prior to the end of the reporting year for which the waiver is sought, except in cases when such a deadline is impractical or inappropriate. The request will be reviewed expeditiously.

(28) What About Out-of-State Members of The Missouri Bar Who Do Not Practice in Missouri?

Rule 15.05(e) requires all lawyers admitted or reinstated to The Missouri Bar to obtain professionalism, ethics and malpractice prevention credit within 12 months of admission or reinstatement regardless of dues status or whether the lawyer resides or practices law in Missouri after admission or reinstatement. See Question 31.

If a lawyer does not practice in Missouri during a reporting year, whether residing in Missouri or out-of-state, the lawyer is not required to report 15 hours of CLE, including two hours of professionalism, ethics and malpractice prevention education to comply with the requirements of Rule 15.05(a) and Rule 15.05(f). Depending upon the lawyer's Bar enrollment fee category, a lawyer residing out-of-state may still be required to file the Attorney's Annual Report of Compliance by July 31 of each year to claim an exemption.

A member of The Missouri Bar who does not practice in Missouri during a July 1 – June 30 reporting year, but who is not in the reduced fee category of Supreme Court of Missouri Rule 6.01(I)(3) for the entire July 1-June 30 reporting year, must file the Annual Report of Compliance by July 31 but may claim an exemption from the requirements of Rule 15.05(a) and Rule 15.05(f) by making the appropriate designation on the Attorney's Annual Report of Compliance, Form 1.

Out-of-state lawyers in the reduced enrollment fee category pursuant to Supreme Court Rule 6.01(l)(3) for the entire July 1-June 30 reporting year are exempt from the requirements of Rule 15.05(a) and Rule 15.05(f) and are not required to file an Annual Report of Compliance to claim the exemption. However, if a lawyer changes to or from Rule 6.01(I)(3) fee status in the middle of a July 1 - June 30 reporting year, for example, at the time of payment of the annual dues, the lawyer must file an Annual Report of Compliance for that reporting year by July 31. If the lawyer practices in Missouri during a July 1 - June 30 reporting year before or after the change of fee status, the lawyer must report 15 hours of continuing legal education, including two hours of professionalism, ethics and malpractice prevention, for that July 1 - June 30 reporting year.

(29) What If an Out-of-State Lawyer Not Presently Practicing in Missouri Returns to the Active Practice of Law in Missouri?

If an out-of-state lawyer returns to the active practice of law in Missouri, the lawyer must report 15 hours of continuing legal education for the reporting year that the lawyer returns to active practice in Missouri, including two hours of professionalism, ethics and malpractice prevention credit pursuant to Rule 15.05(f).

(30) What About a Lawyer Whose Principal Practice Is in a State Other than Missouri but Who Actively Practices in Missouri and Thus Is Subject to Rule 15?

A lawyer, whose principal place of practice is in a state other than Missouri, but who also actively practices in Missouri, is subject to the MCLE requirements. However, such a lawyer can comply with the annual requirements of Rule 15.05(a) and Rule 15.05(f) through "reciprocal compliance" if the state of principal practice has a substantially similar MCLE requirement. All states that presently have MCLE requirements satisfy the "substantially similar" standard of Reg. 15.05.5. An out-of-state lawyer who desires to claim "reciprocal compliance" may do so by making the appropriate designation on the Attorney's Annual Report of Compliance, Form 1, and filing the report by July 31 of each year.

If a lawyer's principal place of practice is in a state other than Missouri, and that state does not have a continuing legal education requirement, the lawyer may satisfy the requirement by completing accredited programs or activities as defined in Regulation 15.01.1 or by completing programs of the bar association of the state of the lawyer's principal place of practice.

The requirement of Rule 15.05(e) that new lawyers obtain professionalism, ethics and malpractice prevention credit within 12 months of admission or reinstatement cannot be satisfied through reciprocal compliance. To comply with the professionalism, ethics and malpractice prevention requirement of Rule 15.05(e) discussed in Question 31, the credit hours must be reported on line g. on the Annual Report and the program or activity described on the reverse side of the Annual Report. 

(31) What Professionalism, Ethics or Malpractice Prevention Education Does Rule 15.05(e) Require of Lawyers Newly Admitted or Reinstated to the Missouri Bar?

Rule 15.05(e) requires lawyers admitted or reinstated to The Missouri Bar after June 30, 2009 to obtain two hours of professionalism, ethics and malpractice prevention education within 12 months of admission or reinstatement. Lawyers admitted or reinstated to The Missouri Bar between June 30, 1990 and July 1, 2009 must obtain three hours of professionalism, ethics and malpractice prevention within 12 months of admission or reinstatement. This requirement must be completed even if a lawyer does not actively practice law in Missouri after admission or reinstatement to The Missouri Bar.

Programs within twelve months prior or after admission may satisfy the requirement of Rule 15.05(e) but law school classes on professionalism, ethics or malpractice prevention do not satisfy the requirement. Compliance with Rule 15.05(e) is reported on the Annual Report of Compliance for the July 1 - June 30 MCLE reporting year in which the credit hours occur.

Professionalism, ethics and malpractice prevention hours completed to comply with Rule 15.05(e) also apply to the annual requirements of Rule 15.05(a) and Rule 15.05(f) for the reporting year in which they occur. 

(32) What Professionalism, Ethics or Malpractice Prevention Education Does Rule 15.05(f) Annually Require of All Lawyers Actively Practicing in Missouri?

Effective for the July 1, 2009 – June 30, 2010 reporting year, Supreme Court Rule 15.05(f) was amended to establish an annual requirement of two hours of education in professionalism, ethics or malpractice prevention per year rather than the previous requirement of three hours every three years. The amendment did not change the content that satisfies the requirement as defined in Regulation 15.01.6-8.

A maximum of two professionalism, ethics and malpractice prevention hours in excess of the annual requirement of Rule 15.05(f) may be carried forward to the immediately succeeding reporting year to apply to the two-hour annual requirement of Rule 15.05(f) of the succeeding year.

Professionalism, ethics and malpractice prevention hours completed to comply with the annual requirement of Rule 15.05(f) also apply to the requirement of Rule 15.05(e) discussed above and the annual requirement of Rule 15.05(a) for the reporting year in which they occur. Carryover professionalism, ethics and malpractice prevention hours from the preceding reporting year do NOT apply toward the 15-hour annual requirement of the current reporting year. 

(33) Do the Professionalism, Ethics or Malpractice Prevention Credit Hours Apply to the 15-Hour Annual Requirement?

Professionalism, ethics and malpractice prevention credit hours also apply toward the 15-hour annual requirement for the reporting year in which they occur and may be included in the computation of carryover credit to apply toward the 15-hour requirement of the succeeding July 1 - June 30 reporting year. See Questions 9 and 10 concerning determination of carryover credit hours. Carryover professionalism, ethics and malpractice prevention hours from the preceding reporting year do NOT apply toward the 15-hour annual requirement of the current reporting year.

(34) What Qualifies as CLE in Professionalism, Ethics or Malpractice Prevention?

Regulations 15.01.6 – 15.01.8 define the program content that qualifies as instruction in professionalism, ethics and malpractice prevention. The definitions are printed on the reverse side of the Application by a Member of The Missouri Bar for Accreditation of a Continuing Legal Education Program or Activity, Form 2. Professionalism, ethics or malpractice prevention programs do not include topics such as attorney fees, client development, law firm administration, marketing or advertising, law office economics and practice systems unless there is direct and substantial discussion concerning Rules 2 and 4 of Missouri Supreme Court Rules, the Model Rules of Professional Conduct or the Code of Judicial Conduct of the American Bar Association.

For a program or portion of a program to qualify for professionalism, ethics or malpractice prevention credit, the program or portion thereof must be devoted exclusively to professionalism, ethics or malpractice prevention. To be an accredited CLE program, there must be at least 50 minutes of instruction. If there is a portion of a program devoted exclusively to professionalism, ethics or malpractice prevention, there must be at least 25 minutes (0.5 MCLE credit hour) devoted to professionalism, ethics or malpractice prevention instruction. Accredited CLE programs are not required to include portions devoted exclusively to professionalism, ethics or malpractice prevention.

It is expected that brochures of accredited programs in Missouri will designate those programs or portions of a program which qualify for professionalism, ethics or malpractice prevention credit. If a lawyer plans to attend a program which appears to qualify for professionalism, ethics or malpractice prevention credit, and the sponsor has not designated that program as qualifying, the lawyer may apply for a designation of a program or portion of program by using the Application by a Member of The Missouri Bar for Accreditation of a Continuing Legal Education Program or Activity, Form 2. 

(35) What Type of Programs and Activities May Satisfy the Professionalism, Ethics or Malpractice Prevention Education Requirements?

Attendance at live in-person programs and speaker or author credit can satisfy the professionalism, ethics or malpractice prevention education requirements. If a qualified commentator is available to answer questions contemporaneously with a telephone seminar, live webinar or showing of a videotape, such a program may be submitted for accreditation for ethics credit as any other live in-person program. Self-study credit may not be reported to satisfy the professionalism, ethics or malpractice prevention requirements, unless physical disability or other circumstances warrant approval of a hardship application for compliance through self-study.

(36) How Is Professionalism, Ethics or Malpractice Prevention Education Compliance Reported?

To comply with the professionalism, ethics and malpractice prevention education requirements of Rule 15.05(e) and Rule 15.05(f), the lawyer's credit hours devoted exclusively to professionalism, ethics or malpractice prevention should be reported on line g. on the Attorney's Annual Report of Compliance, Form 1, for the July 1 - June 30 reporting year in which the credit hours occur. Professionalism, ethics and malpractice prevention credit hours also apply toward the 15-hour annual requirement for the reporting year in which they occur and the credit hours are included in the credit hours reported on line a. or b. on the Annual Report.