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As used in Rules 15.01 through 15.06 and Regulations 15.01 through 15.06:
Programs, seminars, and activities devoted to professionalism include but are not limited to programs, seminars, and activities or designated portions thereof with instruction concerning legal or judicial ethics; the duties of attorneys to the judicial system, courts, public, clients, and other attorneys; the concept of a profession; history of the legal profession; rules of professional conduct; comparison of the legal professions in different nations; and jurisprudence and philosophy of law.
(a) Programs, seminars, and activities devoted to legal or judicial ethics include but are not limited to programs, seminars, or activities or designated portions thereof with instruction concerning Rules 2 and 4 of the Supreme Court Rules and the American Bar Association Model Rules of Professional Conduct and Code of Judicial Conduct.
(b) Legal or judicial ethics programs, seminars, or activities do not include programs, seminars, or activities or designated portions thereof with instruction on topics such as attorneys fees, client development, law firm administration, marketing or advertising, law office economics and practice systems, except to the extent that the topics set forth in (a) above are directly and substantially discussed in relationship with such topics.
Programs, seminars, and activities devoted to malpractice prevention include but are not limited to programs, seminars, or activities or designated portions thereof with instruction concerning law office systems and procedures which reduce the possibility of professional errors and omissions and instruction concerning the malpractice potential in substantive areas of law.
(a) For purposes of the requirement of subdivision (f) of Rule 15.05, the compliance period shall be three reporting years for reporting years from July 1, 1990 through June 30, 2009. The initial professionalism compliance period shall begin July 1, 1990 and end June 30, 1993. Subsequent three year professionalism compliance periods shall be each sequential three reporting-year period thereafter.
(b) For reporting years beginning on or after July 1, 2009, the compliance period shall be one reporting year.
(a) It is desirable, although not required, that thorough, high quality written materials be made available to all participants at or before the time the program, seminar, or activity is presented.
(b) The program, seminar, or activity must be conducted in a comfortable physical setting, conducive to learning, and it is desirable although not required that there be suitable writing surfaces if the program, seminar, or activity is conducted in a lecture format.
(c) Programs, seminars, or activities where electronically presented live, recorded or reproduced material is used may be accredited programs, seminars, and activities and such programs, seminars, or activities will not be considered as self-study programs, seminars, or activities if a qualified instructor is available, either in person or via telephone or other means of communication, to comment and answer questions.
(d) The program, seminar, or activity must include at least fifty (50) minutes of instruction or the equivalent.
(e) Programs, seminars, or activities that cross professional lines, such as an accounting tax program or a medical legal program, shall be accredited programs, seminars, or activities if the standards of Rule 15.04 and Regulation 15.04.1 are satisfied.
(f) At the conclusion of an approved program, seminar, or activity conducted after July 1, 1988, each participating lawyer must be given the opportunity to complete an evaluation questionnaire addressing the quality, effectiveness and usefulness of the particular program, seminar, or activity. Summary results of the questionnaires applicable to each speaker must be provided to that speaker in a timely fashion. Sponsors must maintain the questionnaires for one year following a program, seminar, or activity pending a request for submission of them or a summary thereof to The Missouri Bar.
Any sponsor desiring accreditation of all its continuing legal education programs, seminars, or activities must apply to The Missouri Bar for accredited sponsor status not less than sixty (60) days prior to presentation of its first program, seminar, or activity as an " accredited sponsor." Application shall be made on forms provided by The Missouri Bar and applicants may be required to provide information which demonstrated that the applicant satisfies the standards of Rule 15.04 and Regulation 15.04.1.
Any sponsor not accredited pursuant to Regulations 15.04.2 or 15.04.3(a) and desiring approval of an individual program, seminar, or activity must apply to The Missouri Bar for identified sponsor status not later than sixty (60) days prior to the date on which the program, seminar, or activity is scheduled. Application shall be made on forms provided by The Missouri Bar and such applicants may be required to provide information which demonstrates that the program, seminar, or activity will satisfy the standards of Rule 15.04 and Regulation 15.04.1. The applicant may also be required to include a description of any written materials to be used in the program, seminar, or activity.
Any lawyer may seek accreditation of a program, seminar, or activity by a sponsor other than an accredited or identified sponsor. The lawyer should apply either before the occurrence of the program, seminar, or activity or within thirty (30) days after completion of the program, seminar, or activity. The applicant lawyer should provide sufficient information to establish that the standards of Rule 15.04 and Regulation 15.04.1 are satisfied by the program, seminar, or activity. Ordinarily a brochure published by the sponsor of the program, seminar, or activity and a description of any written materials shall be sufficient information to make a determination of whether the program, seminar, or activity satisfies the standards of Rule 15.04 and Regulation 15.04.1.
Upon application of a lawyer or sponsor and the submission of sufficient information to make a determination, The Missouri Bar shall designate the programs, seminars, and activities or portions of activities which satisfy the requirements of subdivisions (e) and (f) of Rule 15.05.
Upon application of a lawyer or sponsor and the submission of sufficient information to establish that the standards of Rule 15.05 (d) and Regulation 15.04.7 are satisfied, The Missouri Bar shall designate a program, seminar, or activity as substantially equivalent to The Missouri Bar Annual Law Update.
The Missouri Bar shall advise the applicant in writing within thirty (30) days of the receipt of the application whether the application for accredited or identified sponsor status or for accreditation or designation of a program, seminar, or activity is approved or disapproved. Applicants denied approval may submit a letter of reconsideration setting forth the basis for reconsideration to The Missouri Bar within fifteen (15) days of the receipt of notice of disapproval.
(a) By July 31 of each year, commencing July 31, 1988, each accredited sponsor shall file a report with The Missouri Bar, on a form provided by The Missouri Bar, which lists all accredited programs, seminars, and activities conducted by the sponsor during the preceding reporting year and the number of credit hours for each program, seminar, or activity. The report shall indicate the number of credit hours of each program, seminar, or activity designated which satisfy the requirements of subdivisions (e) and (f) of Rule 15.05.
(b) Each accredited or identified sponsor shall retain records of attendance at all programs, seminars, and activities for at least three (3) years after the date of completion of the program, seminar, or activity. A record of attendance by an individual lawyer shall be made available to the lawyer or his or her attorney upon request and The Missouri Bar upon its request.
(a) Any lawyer may receive up to six hours of self-study credit in a reporting year by studying law-related materials, including but not limited to videotapes, audiotapes and advance sheets, in furtherance of general academic and professional competence.
(b) Self-study credit may not be reported to satisfy the requirements of Rule 15.05 (e) or Rule 15.05 (f) that a lawyer complete credit hours of programs, seminars, and activities devoted exclusively to professionalism, legal or judicial ethics or malpractice prevention every, unless approval is obtained pursuant to Rule 15.05 (c) and Regulation 15.05.3 based upon hardship or extenuating circumstances.
(c) A lawyer may receive in excess of six credit hours for self-study in a reporting year if the self-study in excess of six hours is approved by The Missouri Bar as an alternative method of compliance with Rule 15 pursuant to Rule 15.05 (c) and Regulation 15.05.3.
(d) Self-study credit shall be accounted for on the affidavit required by Rule 15.06.1.
(a) A private law firm, corporate law department, federal, state or local government agency or similar entity may apply for accredited sponsor status or identified sponsor status and shall be approved or disapproved for accredited or identified sponsor status under the same standards applicable to all other applicants for accredited or identified sponsor status.
(b) An in-house program, seminar, or activity, such as a program, seminar, or activity limited only to the lawyers of a private law firm, corporate law department, or a federal, state or local government agency, which is offered by an accredited or identified sponsor, shall be an accredited program, seminar, or activity if the standards of Rule 15.04 and Regulation 15.04.1 are satisfied.
(a) At least 9 hours of instruction, and
(b) the program content includes information on substantially all of the following topics: practice and procedure before Missouri and federal courts, domestic relations, estate planning and administration, business organizations, real estate, criminal practice and workers' compensation. The instruction on substantial law topics shall focus upon Missouri law and the program shall include practice tips in the various subject areas as well as instruction on substantive law.
(a) Unless otherwise directed by the Supreme Court of Missouri, the files, records and proceedings to The Missouri Bar, as they may relate to or arise out of a lawyer attempting to satisfy the continuing legal education requirements of Rule 15, shall be confidential and shall not be disclosed except in furtherance of the duties of The Missouri Bar or as provided in Regulation 15.04.8(b).
(b) The files, records and proceedings as they may relate to or arise out of a lawyer attempting to satisfy the continuing legal educational requirements of Rule 15, shall be disclosed to the lawyer affected upon written request by the lawyer affected or by his or her attorney.
(c) The Missouri Bar shall retain the affidavits of compliance for the three reporting years prior to the current reporting year. Affidavits not required to be retained may be disposed of by The Missouri Bar but only in a manner that preserves the confidentiality of the affidavits required by Regulation 15.04.9(a).
(a) Any lawyer who participates as a speaker at an accredited program, seminar, or activity and does not receive compensation, other than reasonable expenses, shall receive credit for the following:(1) actual presentation time, including both initial and repeat presentations; and(2) actual preparation time up to a maximum of fifteen (15) credit hours for each 50 minutes of presentation time as determined by Regulation 15.01.
(b) Any lawyer who is the author of written material published or to be published without compensation by an accredited or identified sponsor or in a professional journal or as a monograph shall receive credit for actual research and writing time, but not to exceed fifteen (15) credit hours for any one such work.
(c) The standards set forth in Regulation 15.01 shall determine the number of credit hours to be received for the presentation time, preparation time and research and writing time and the number of credit hours to be received by a lawyer shall be reported on the affidavit required by Regulation 15.06.1.
(d) A lawyer may satisfy the requirements of subdivisions (e) and (f) of Rule 15.05 by speaker or author credit if the presentation or work or a designated portion thereof is devoted exclusively to professionalism, legal ethics or judicial or malpractice prevention.
(a) Visiting Attorneys. Visiting attorneys from other jurisdictions who are permitted to practice for a case or proceeding pursuant to Supreme Court Rule 9.03 and who are not otherwise subject to Rule 15 shall not be subject to Rule 15.05.
(b) Non-Practicing Lawyers. Any lawyer not an active judge who, during a reporting year, has neither engaged in the active private or public practice of law in Missouri nor held himself or herself out as an active practicing lawyer in Missouri shall not be required to complete or report any credit hours during that reporting year unless the lawyer is subject to the requirements of subdivision (e) of Rule 15.05 or the lawyer elects to receive reciprocal credit under Regulation 15.05.5. A lawyer may claim the exemption on the affidavit required by Regulation 15.06.1 which shall be in such form as provided by The Missouri Bar.
(c) Governmental Officials. Any lawyer who is not a judge may, upon application to The Missouri Bar within ninety (90) days of the end of each reporting year, be exempt from Rule 15.05 (a) and Rule 15.05 (f) if he or she is a full-time governmental official and is not engaged in public or private practice of law. The application shall state reasons in support of the requested exemption. A lawyer exempted under this section shall still be required to file the affidavit required by Regulation 15.06.1.
(a) a physical or mental disability; or
(b) military or other governmental service at an isolated place of duty; or
(c) age or any other good cause upon a written request setting forth the grounds therefor shall be granted a waiver, extension of time, or permission to comply with Rule 15 by an alternative method which may included in excess of six hours of self-study credit. A lawyer should make the written request at least sixty (60) days prior to the end of the reporting year except in cases when such a deadline is impractical or inappropriate. The Missouri Bar shall review and approve or disapprove such requests on an individual basis and without delay. Rejection of any such request shall be reviewed as provided in Rule 15.06(d).
(a) The actual credit hours for the program, seminar, or activity as determined by Regulation 15.01 if the program, seminar, or activity (1) was conducted by a sponsor who is designated or approved as an accredited sponsor prior to June 30, 1988, or by an identified sponsor who is accredited pursuant to Regulation 15.04.3 (b) or (2) is an accredited program, seminar, or activity pursuant to Regulation 15.04.3 (c) and
(b) a maximum of fifteen credit hours for any continuing legal education programs, seminars, and activities conducted by a sponsor other than an accredited or identified sponsor and not accredited pursuant to Regulation 15.04.3 (c) if, at the time of the programs, seminars, or activities, the lawyer had reason to believe that the programs, seminars, or activities substantially conformed to the standards for accreditation of Rule 15.05. The hours of credit for all such programs, seminars, and activities shall be determined by Regulation 15.01.
(a) A lawyer reporting more than fifteen credit hours of accredited programs, seminars, or activities, exclusive of self-study, for one reporting year shall receive credit in the next succeeding reporting year for such excess credit hours to apply toward the requirement of subdivision (a) of Rule 15.05 if the excess credit hours are reported on the lawyer's affidavit for the reporting year for which they were completed and are designated as hours to be carried forward.
(b) Credit hours of programs, seminars, and activities devoted exclusively to professionalism, legal or judicial ethics or malpractice prevention may be included in determining the amount of carryover credit which a lawyer may report pursuant to Regulation 15.05.6(a).
(c) For professionalism compliance periods beginning on or after July 1, 2009, a lawyer reporting more than two credit hours of accredited programs and activities devoted exclusively to professionalism, legal or judicial ethics or malpractice prevention during one reporting year may receive credit for such excess hours to apply to the requirement of subdivision (f) of Rule 15.05 for the next succeeding reporting year if the credit hours are reported on the lawyer's affidavit for the reporting year for which they were completed and are designated as hours to be carried forward.