The Delaware Rules
for Continuing Legal Education
CLE Rules were last amended
effective July 9, 2004.
*NOTE: * Programs formerly designated as "Self-Study" will now be designated at "eCLE".
To access a copy of the Rules in Adobe
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RULE 1. Purpose.
It is of utmost importance to the public and to members of
the Bar that attorneys and members of the judiciary maintain
their professional competence. To that end, these rules establish
the minimum requirements for continuing legal education. |
RULE 2. Definitions.
As used herein:
(A) "Accredited Sponsor" means an organization whose entire
continuing legal education program has been accredited by the
Commission.
(B) "Approved continuing legal education activity" means a specific,
individual continuing legal education activity presented by
an Accredited Sponsor or a specific, individual continuing legal
education activity accredited by the Commission.
(C) "Association" means the Delaware State Bar Association.
(D) "Attorney" means every person who is a member of the Bar
of the Delaware Supreme Court.
(E) "CLE" means Continuing Legal Education.
(F) "Commission" means the Commission on Continuing Legal Education.
(G) "Compliance Year" means the year in which the attorney reaches
the December 31 reporting deadline established by Rule 5(A)(2).
(H) "Disciplinary Counsel" means the attorney appointed by the
Supreme Court pursuant to Supreme Court Rule 64(a).
(I) "Enhanced Ethics" includes both legal and judicial ethics,
which is a set of rules that lawyers and judges must obey, with
sanctions for failure, and professionalism, which is a broader
concept embodying an attitude and a dedication to civility,
skill, businesslike practices and a focus on service, and encompassing
obligations to other attorneys, obligations toward legal institutions,
and obligations to the public whose interests lawyers must serve.
(J) "Fundamentals Program" means the series of basic courses
in legal practice, the subjects of which the Commission will
establish.
(K) "In-House Program" means a continuing legal education activity
sponsored by a law firm, corporation, governmental agency, or
similar entity for the education of its employees or members.
(L) "Judicial Commissioner" means the member of the Commission
who is a member of the judiciary.
(M) "Members of the judiciary" includes members of the Supreme
Court, Court of Chancery, Superior Court, Family Court, Court
of Common Pleas, and the Chief Magistrate of the Justice of
the Peace System.
(N) "Out-of-State Attorney" means an active Attorney admitted
to the Bar of the Supreme Court of another State and whose principal
office is within that State, and who so certifies on the Supreme
Court Annual Registration Statement.
(O) "Principal Office" means the Attorney's office of record
with the Supreme Court.
(P) "Recently Admitted Attorney" means every Attorney who has
been a member of the Bar of the Supreme Court for no more than
4 years and who upon the Attorney's initial admission to the
Bar of the Supreme Court had, as the Attorney's principal occupation,
been actively engaged in the practice of law within the United
States or its territories for less than 5 years.
(Q) "Reporting Year" means the year immediately following the
Compliance Year, in which the Attorney receives and must return
the printed Transcript verifying completion of the biennial
requirement.
(R) "Senior Attorney" means every Attorney who has been a member
of the Bar of the Supreme Court for 40 or more years.
(S) "Supreme Court" means the Supreme Court of Delaware.
(T) "Transcript" means the report prescribed by Rule 5 for reporting
compliance.
(U) "Uniform Application" means the Uniform Application for
the Accreditation of a Continuing Legal Education Activity as
approved by the Organization of Regulatory Administrators of
Continuing Legal Education. |
RULE 3. Commission on Continuing
Legal Education.
(A) Membership, Appointment and Terms
(1)There is established a Commission on Continuing Legal Education.
The Commission shall consist of 6 members appointed by the Supreme
Court. Members shall be appointed for 3 year terms so that no
more than 3 members' staggered terms end each year. No person
may serve more than 2 terms as a member of the Commission. One
member of the Commission shall be a member of the judiciary
whom the Supreme Court designates as the Judicial Commissioner.
No more than 1 member of the Commission may be a person who
is not an attorney. The appointments to the Commission will
be made in light of the principle that it is generally desirable
that members of the Commission be from various geographic areas
and types of practice in order to reflect the diversity of the
Bar.
(2)The Supreme Court shall designate 1 member of the Commission
to serve as Chair and 1 to serve as Vice Chair. The Executive
Director of the Commission shall serve as Secretary of the Commission.
(3)The Executive Director of the Association, the Chair of the
CLE Committee of the Association, the Dean of the Widener University
School of Law or the Dean's designee, the Executive Director
of the Commission, and the Chief Staff Attorney of the Supreme
Court shall serve as ex-officio members of the Commission, but
shall have no vote. Three voting members shall constitute a
quorum at any meeting.
(4)In the event of a vacancy on the Commission, the Supreme
Court shall promptly appoint a new member to complete the term
of the member whose departure from the Commission created the
vacancy.
(B) Powers and Duties of the Commission
(1)The Commission shall have general supervisory authority to
administer these Rules.
(2)The Chair may appoint from time to time any committee deemed
advisable, and may, with the consent of a majority of the members
of the Commission, delegate to any committee such authority
as is deemed advisable.
(3)The Commission shall have the following specific duties and
responsibilities:
(a)To determine whether all or any portions of any courses or
programs of a provider satisfy the educational requirements
of Rule 4;
(b)To determine the number of credit hours to be allowed for
each course or educational activity;
(c)To encourage established educational organizations to offer
courses and programs either within or without the State;
(d)To define subjects to be covered in Fundamentals Program
courses and to issue guidelines for the sponsorship of those
courses;
(e)To interpret these Rules and adopt policy statements to address
issues as to eligibility for credit or amount of credit for
particular activities;
(f)To report at least annually to the Supreme Court on the activities
and programs of the Commission and to make recommendations to
improve the effectiveness of the program established by these
Rules;
(g)To report promptly to Disciplinary Counsel any violation
of these Rules.
(C) Finances and Administration
(1)The members of the Commission shall serve without compensation.
Reasonable expenses of Commission members necessarily incurred
in performance of their Commission responsibilities may be reimbursed
by applying to the Supreme Court.
(2) The Supreme Court shall hire and determine the compensation
of the Executive Director and other employees as part of the
Supreme Court's budget process. The Executive Director of the
Commission and its other employees shall be employees of the
Supreme Court and the State of Delaware.
(3) Funds for the Commission's operations shall be obtained
as follows:
(a) The Commission shall determine, subject to the approval
of the Supreme Court, an assessment to be paid by attorneys
concurrently with the annual registration on or before February
1 of each year required by the Supreme Court Rule 69.
(b) The Commission may adopt a schedule of fees to be charged
organizations sponsoring continuing legal education programs
as a condition of accreditation for attendees to receive Delaware
MCLE credit.
(4) All fees and assessments shall be reasonably calculated
to generate funds necessary for the Commission's activities,
including payment of salaries of its professional staff. |
RULE 4. Education Requirements and Exemptions.
(A) Minimum Continuing Legal Education Requirement
(1) Each Attorney shall complete a minimum of 24 hours of actual
instruction in approved continuing legal education activities
during each two-year period.
(2)Of the 24 hours, a minimum of 4 hours shall be obtained from
programs or portions of programs providing instruction in Enhanced
Ethics.
(a) Credit for Enhanced Ethics is awarded for programs or portions
of programs clearly designated as instruction in legal ethics
or professionalism by program outline and in program materials.
(b) Credit for Enhanced Ethics will also be awarded when a provider
confirms that ethical issues are addressed generally within
a substantive topic or throughout a program; however, the Attorney
must attend the entire program to receive the Enhanced Ethics
credit in this situation.
(3) If an Attorney completes more than 24 credit hours of instruction
in a two-year period, excess credit up to 20 credits may be
carried forward and applied to the education requirement for
the succeeding two-year period only; however, no credits to
be applied to the Enhanced Ethics requirement may be carried
forward.
(4 )Senior Attorneys shall be subject to these Rules, except
that the number of hours required of a Senior Attorney shall
be 12 hours during each two-year period, of which a minimum
of 2 hours shall be from instruction in Enhanced Ethics. In
addition, all other credit requirements and restrictions within
these Rules shall apply to Senior Attorneys in one-half the
amount indicated (e.g., 6, not 12 of the required hours may
be in videotape instruction as stipulated by Rule 7(C)(4)).
(5) Newly admitted Attorneys shall be subject to these Rules,
except that the CLE requirement of a new admittee reporting
for the first time shall be prorated according to the number
of months of the reporting period remaining after the month
in which the newly admitted Attorney is admitted. One-sixth
of the prorated credits must be in Enhanced Ethics.
EXAMPLE (1): An Attorney admitted in December of an even-numbered
year will be responsible for the full 24-credit hour requirement
by December 31 of the next even-numbered year.
EXAMPLE (2): An Attorney admitted in February of an odd-numbered
year must complete 10 credit hours, including 1.6 credit hours
in Enhanced Ethics, by December 31 of that year. (a) Newly admitted attorneys may not claim credits earned prior
to admission to the Delaware Bar.
(b) All other credit requirements and restrictions within these
Rules, except Rule 4(A)(3), shall apply to newly admitted attorneys
in proportion to the first reporting requirement (e.g., an attorney
with a 5 credit requirement may earn no more than 2.5 credits
in videotape instruction as stipulated by Rule 7(C)(4) during
the first reporting period). Newly admitted attorneys who complete
more than the prorated requirement may carry forward up to 20
excess credits to the following two-year period pursuant to
Rule 4(A)(3).
(6) Members of the judiciary shall be subject to these Rules.
(B) Basic Legal Skills Requirement
(1)The Commission shall oversee the curriculum requirements
for the series of basic legal skills courses in the topics of:
Will Drafting and Estate Administration; Family Law; Real Estate;
Law Office Management; Civil Litigation; and Lawyer-Client Relations.
(2) Any Accredited Sponsor presenting a program which meets
the educational requirements of Rule 6(B) and the curriculum
requirements of a particular Fundamentals Program course may
apply to the Commission for approval of the seminar as a Fundamentals
Program course by submitting completed copies of the Uniform
Application and Form 4-A. If the Commission approves the program
as a Fundamentals Program course, the sponsor may advertise
the course as meeting the requirements of this Rule.
(3)Any Recently Admitted Attorney within 4 years next succeeding
the Attorney's admission to the Bar of the Supreme Court must
attend Fundamentals of Lawyer-Client Relations and two other
courses within the Fundamentals Program series.
(4) Attendance at the Fundamentals Program courses shall be
credited towards the recently admitted Attorney's minimum continuing
legal education requirement.
(C) Exemptions
(1) Any Attorney who has filed a Certificate of Retirement pursuant
to the Supreme Court Rule 69(f) shall be exempt from these Rules.
(2) Any Attorney holding an elected public office of this State
or the United States and who certifies to the Commission by
affidavit that the Attorney is not engaged in the practice of
law shall be exempt from these Rules for the period in office.
(3) Any Attorney (other than a member of the judiciary) who
becomes an inactive member of the Bar pursuant to Supreme Court
Rule 69(d)(i), shall be exempt from these Rules.
(4) Members of the federal judiciary shall be exempt from these
Rules.
(5) Any Attorney suspended by the Supreme Court shall be exempt
from these Rules.
(6) An Attorney seeking exemption pursuant to Rule 4(C)(1),
4(C)(2) or 4(C)(3) shall so state on the Supreme Court Inactive
Certificate. The Commission may request additional information
from any Attorney submitting that form to the Supreme Court.
Federal judiciary and suspended Attorneys need make no application
for exemption.
(D) Comity
(1) An Out-of-State Attorney whose principal office is located
within another mandatory CLE State and who is in compliance
with the CLE requirements of that State and so certifies on
the Transcript shall be deemed in compliance with Rule 4(A),
provided that the attorney has satisfied all terms of this Rule
for the entire reporting period.
(2)An Out-of-State Attorney whose principal office is within
a State which has no CLE requirements shall fulfill the requirements
of Rule 4(A).
(E)Resumption of Active Practice
(1) Any exemption granted under Rule 4(C) shall be in effect
from the effective date of such inactivity (i.e., the date on
which the Certificate of Retirement or Inactive Status is issued
by the Supreme Court, the date on which an Attorney is sworn
into office, or the date on which an Attorney is suspended)
until the Attorney shall again become an active member of the
Bar pursuant to Supreme Court Rules.
(2) Upon resumption of active status, an Attorney shall again
be subject to CLE Rules, including the particular requirements
of Rules 4(A)(1) and 5, except that the number of hours required
of the Attorney for the Attorney's next reporting date pursuant
to Rule 5(A) shall be prorated based upon:
(a) the amount of time that had elapsed in the Attorney's reporting
cycle when the Attorney elected inactive status, and
(b) the amount of time remaining in the Attorney's reporting
cycle when the Attorney resumed active status.
At least one-sixth of these credit hours must be in Enhanced
Ethics. Credits earned before the Attorney elected inactive
status or while the Attorney was inactive shall apply to this
requirement, except that credits earned more than two years
before the date the Attorney resumes active status shall not
apply toward any credit requirements. If an Attorney has been
active for 15 or more days of a month, the Attorney shall be
required to complete credit for that month.
EXAMPLE (1): An Attorney admitted in an odd-numbered year who
elects inactive status on March 6, 2000 and who resumes active
status on July 12, 2003, shall complete a total of 8 credit
hours, including 1.3 credit hours in Enhanced Ethics, by December
31, 2003: 2 credits under Rule 4(E)(2)(a) and 6 credits under
4(E)(2)(b).
EXAMPLE (2): An Attorney admitted in an even-numbered year who
reports compliance on December 31, 2002, elects inactive status
on January 1, 2003, and resumes active status on December 18,
2008, shall have no requirement but to complete 24 credit hours,
including 4 credit hours in Enhanced Ethics, by December 31,
2010.
(3) Any late fees which were owed to the Commission by the Attorney
at the time the Attorney elected inactive status shall be paid
to the Commission by the Attorney within 30 days of resumption
of active status.
(4) An Attorney resuming active status who qualifies for comity
under Rule 4(D)(1), and who certifies to the Commission compliance
under that Rule for the entire period of inactive status, shall
be deemed in compliance with these Rules.
(5) A Recently Admitted Attorney who has resumed active status
and who has not completed the Fundamentals Program shall receive
an extension of time for completion of the Fundamentals Program
equal to the time the Attorney had remaining to complete the
requirement when the Attorney became inactive.
(6) An Attorney who elects inactive status and resumes active
status within the same reporting period may either comply with
Rule 4(A) or Rule 4(E) as desired.
(7) If the Attorney's initial date of inactive status cannot
be determined, or if the attorney assumed inactive status prior
to January 1, 1987, the Attorney shall be required to complete
the full 24 credit hour requirement pursuant to Rule 4(E)(2)(a),
in addition to the credit requirements of Rule 4(E)(2)(b), unless
the Attorney qualifies for comity under Rule 4(E)(5).
(8) All other credit requirements within these Rules, except
Rule 4(A)(3), shall apply to attorneys resuming active practice
in proportion to the requirement (e.g., an attorney with a 40
credit requirement may earn no more than 20 credits in videotape
instruction as stipulated by Rule 7(C)(4) during the resumption
period). Attorneys resuming active practice who complete more
than the prorated requirement may carry forward up to 20 excess
credits to the following two-year period pursuant to Rule 4(A)(3).
Senior attorneys resuming active practice may carry forward
up to 10 excess credits pursuant to the Rule. |
RULE 5. Reporting Requirements and Attendance Records.
(A)Reporting Requirements
(1) The Executive Director is authorized to create a form of
Transcript for reporting compliance.
(2) Attorneys admitted to the Delaware Bar in even-numbered
years shall complete the credits required by December 31 of
even-numbered years; Attorneys admitted in odd-numbered years
shall complete the credits required by December 31 of odd-numbered
years.
(3) The Commission shall mail the Transcript to all Attorneys
with the Supreme Court Annual Registration Statement. An Attorney
required to be in compliance by December 31 of the year just
ended must sign and return the Transcript, verifying the information
shown and making any changes necessary, no later than February
1 of the Reporting Year of the year of mailing. An Attorney
who, for whatever reason, files the Transcript after the February
1 of the Reporting Year due date shall pay a $50.00 late filing
penalty. This payment shall be submitted with the Transcript.
A Transcript that is postmarked on or before February 1 of the
Reporting Year shall be deemed to have been timely filed. A
Transcript postmarked later than February 1 of the Reporting
Year which is not accompanied by the late filing penalty shall
be returned to the Attorney submitting it with a letter informing
the Attorney that it will not be accepted without the late filing
fee.
(4) An Attorney, who, for whatever reason, files the Transcript
after March 1 of the Reporting Year, shall pay to the Supreme
Court, in addition to the late filing penalty prescribed by
Rule 5(A)(3), $5.00 for each business day after March 1 of the
Reporting Year to and including the date of filing. This payment
shall be submitted with the Transcript. The Transcript shall
be deemed filed the earlier of the date it is received by the
Commis-sion or the date it is postmarked. The Commission may
waive all or any part of this penalty for good cause shown.
(5) If an Attorney fails to complete the required credits on
or before December 31 of the Compliance Year, the Attorney must
nevertheless file the Transcript on or before February 1 of
the Reporting Year accompanied by a specific plan for making
up the deficiency, as provided in Rule 9.
(6) The Executive Director shall develop a means for selection
of no fewer than 10% of the Transcripts received in each year
for purposes of verification. The Executive Director shall cause
each Transcript so selected to be subjected to any or all of
the following verification procedures:
(a) Comparison of the Transcript to the Commission's records
to assure that each listed course was actually accredited and
that appropriate applications were submitted and approved for
any activities for which the submitting Attorney sought credit;
(b) Asking the Attorney to submit evidence of attendance at
courses or participation in activities claimed on the Transcript;
(c) Communicating with a course or activity provider to obtain
verification of the Attorney's participation;
(d) Obtaining an approved copy of the Attorney's most recent
compliance report from another mandatory CLE state if the Attorney
is claiming compliance under the comity clause of Rule 4(D)(1).
(7) If the verification procedures produce reason to believe
that an Attorney has submitted a false Transcript or other false
information to the Commission, the Executive Director shall
bring such information promptly to the attention of the Commission.
(B) Attendance Records
(1) The program provider shall create and maintain, for at least
3 years, records of attendance at the courses. Within 45 days
after the date on which the program ends, the provider shall
submit to the Commission a list of attendees at each activity.
This list shall include:
(a) the course identification number as assigned by the Commission;
(b) the full name of each attendee;
(c) the Delaware Supreme Court identification number of each
attendee, as available; and
(d) the number of credit hours to which each attendee is entitled,
based upon the total number of credit hours approved by the
Commission. This number should indicate how many of the credit
hours were in Enhanced Ethics.
(2) The Commission may require verified statements as to the
accuracy of the reports it receives. To ensure accuracy, providers
are requested to have a representative present throughout the
program to verify that attendees sign in and out at each program
session. However, another record maintenance system may be acceptable
if approved by the Commission.
(3) These records may be submitted to the Commission in writing
or by electronic transmission in a format approved by the Commission.
(4) In addition to the records submitted to the Commission and
retained on file by the provider, the provider shall be required
to provide each attendee with a certificate of attendance. This
certificate shall include:
(a)the name, address and telephone number of the sponsoring
organization;
(b) the course identification number as assigned by the Commission;
(c) the complete title of the course attended;
(d) the date(s), city and state of the course attended;
(e) the total number of credit hours approved by the Commission
for the particular course;
(f) the total number of credit hours attended by the Attorney,
including a statement of the number of these hours that were
in Enhanced Ethics, and
(g) the name and signature of the provider's authorized representative.
(5) The certificate of attendance shall be given to the attendee
before the attendee leaves the seminar site. If this is not
possible, the certificate of attendance shall be mailed to the
attendee as soon as possible after the seminar, and the Commission
notified thereof.
(6) An Attorney should keep copies of all attendance certificates,
course outlines, agendas, cancelled checks, receipts, travel
vouchers, and the like, for 3 years after the last day of any
calendar year in which the Attorney attended a course, or until
the Attorney receives the approved Transcript for that reporting
period, to verify attendance.
(7)The Commission may periodically request an Attorney to produce
independent verification of attendance. |
RULE 6. Credit Hours and Accreditation Standards.
(A) Credit Hours
(1) MCLE credit hours shall be computed by the following formula:
Sum of
the total minutes
of actual instruction |
÷60
= |
total
credit hours |
(rounded
to the nearest
1/10th of a credit hour) |
(2) Only legal education shall be included
in computing the total hours of actual instruction. Programs
may be split into accredited and non-accredited hours. Non-instructional
portions of programs, such as breaks and introductory remarks,
shall not be included in the credit computation. Business
meetings or portions of programs devoted to the business of
the presenting group do not qualify for credit.
(B) Accreditation Standards
The Commission shall approve continuing legal education activities
consistent with the following standards:
(1) They shall have significant intellectual or practical
content and the primary objective shall be to increase the
participant's professional competence as a lawyer or a judge.
(2) They shall constitute an organized program of learning
dealing with matters directly related to the practice of law,
the exercise of judicial responsibility, professional responsibility,
law office management, use of computers, or the ethical obligations
of lawyers or judges.
(3) Credit may be given for continuing legal education activities
where (i) in person or televised live instruction is used
or (ii) mechanically or electronically recorded or reproduced
material is used in an organized program.
(4) Continuing legal education materials are to be prepared,
and activities conducted, by an individual or group qualified
by practical or academic experience in a setting physically
suitable to the educational activity of the program.
(5) Thorough, high quality, and carefully prepared written
materials should be distributed to all who attend at or before
the time the course is presented. It is recognized that written
materials are not suitable or readily available for some types
of subjects; the absence of written materials for distribution
should, however, be the exception and not the rule.
(6) The Commission will not approve for CLE credit:
(a) courses designed to review or refresh recent law school
graduates or other attorneys in preparation for any bar examination;
(b) teaching of courses geared primarily toward professionals
other than attorneys, law students, or the judiciary;
(c) activities for which the Attorney has already received
credit in another form, including attendance (e.g., an Attorney
who prepared materials and received credit for presenting
a seminar may not also receive credit for the publication
of those materials, or for attendance during the time spent
speaking at the seminar, but the Attorney may receive credit
for attending portions of the seminar which the Attorney did
not teach).
(C) Provided a continuing legal education activity is otherwise
accreditable, the Commission shall permit an Attorney to receive
Delaware CLE credit for an approved continuing legal education
activity, notwithstanding that the Attorney also seeks or
receives CLE credit for the activity from another State in
which the Attorney is a member of the Bar.
(D) An Attorney who has a physical disability or some other
special circumstance which makes attendance at continuing
legal education activities inordinately difficult for a substantial
period of time may file a request with the Commission for
a permanent substitute program in lieu of attendance, or a
temporary substitute program in lieu of attendance during
the period of the disability or special circumstances. The
Attorney shall state in writing to the Commission the reasons
for the request and a proposal for a continuing legal education
plan tailored to the Attorney's circumstances. The Commission
shall promptly review the request, seek such additional information
as appropriate and approve or disapprove such plans on an
individual basis. |
RULE 7. Accreditation of Sponsors and Programs.
(A)Accredited Sponsors
(1) The Commission may designate qualified organizations or
persons as Accredited Sponsors. While so designated, any program
of continuing legal education organized and conducted by any
such Accredited Sponsor shall be an accredited course provided:
(a) the course satisfies the requirements of Rule 6(B);
(b) if the course is a live presentation, it also satisfies
the requirements of Rule 7(B);
(c) if the course is not a live presentation, it also satisfies
the requirements of Rule 7(C); and
(d) the Accredited Sponsor complies with all guidelines for
attendance records set forth in Rule 5(B). EXAMPLE
(1): Attorney X attends a course sponsored by an Accredited
Sponsor. However, the course does not have as its primary objective
increasing the participant's professional competence as a lawyer
or judge (e.g., the course may be one directed toward paralegals,
or focused principally on preparing an attorney for a bar examination).
In such an instance, Attorney X, even though the attorney attends
a course sponsored by an Accredited Sponsor, would not be entitled
to credit for attendance at that course.
EXAMPLE (2): Attorney Y attends a course sponsored by
an Accredited Sponsor. The course is of satisfactory content.
However, no record of attendance is kept by the Accredited Sponsor.
This failure to verify attendance may result in forfeiture of
status as an Accredited Sponsor on the part of the course's
sponsor, and also result in an inability on the part of the
attorney to prove to the Commission the attorney attended that
course for credit. (2) Any person
or organization seeking to be designated as an Accredited Sponsor
shall apply for such status by filing with the Commission a
completed Form 3 together with a filing fee of $100. The Commission
may request from any applicant information in addition to that
required by Form 3.
(3) No law firm, legal department of a corporation or agency
of government shall be designated an Accredited Sponsor, except
for an entity the sole or primary purpose of which is the presentation
of continuing legal education programs.
(4) To maintain Accredited Sponsor status, such persons or organizations
shall file annually with the Commission a completed Form 3-A
together with a filing fee of $100. The Commission, may request
from any Accredited Sponsor information in addition to that
required by Form 3-A.
(5) The Commission may, at any time, to re-evaluate or condition
the status of any person or organization as an Accredited Sponsor.
If, after such re-evaluation, the Commission finds there is
cause for revocation of the accreditation of a sponsor, the
Commission may, after a hearing held on thirty days written
notice, revoke the accreditation of the sponsor.
(6) Filing fees may be waived for Accredited Sponsors approved
by the Commission on its own motion under Rule 7(A)(1) when
the approved continuing legal education activities are presented
under the supervision of the Delaware State judiciary, or when
the approved continuing legal education activities are provided
free of charge to all attendees.
(7)The Commission may issue from time to time a list of Accredited
Sponsors it deems to meet the requirements set forth in this
Rule.
(B) Accreditation of Individual Programs
(1) The Commission may, on its own initiative, or upon application
by any Attorney or the sponsor provider of any course, accredit
all or a portion of a particular course of continuing legal
education under these Rules. Application for accreditation of
individual programs shall be on the Uniform Application if made
by a program provider, and on Form 4 if made by an Attorney.
Applications made by a program provider shall be accompanied
by a $25 filing fee. Applications may be submitted before or
after presentation of the program, however, if application for
course approval is made by an Attorney before attendance, the
Attorney shall submit a certificate of attendance from the program
within 45 days after the date on which the program ends. The
Commission may request from any applicant information in addition
to that required by Form 4.
(2) The program must constitute an organized program of learning
that satisfies the standards of Rule 6(B).
(3) The program provider, if the applicant, shall be bound by
all guidelines set forth in Rule 5(B).
(4) The Commission may approve for credit non-law courses necessary
or appropriate to an Attorney's legal practice upon the Attorney's
application (e.g. an Attorney who practices environmental law
may receive credit for a program on ground water contamination;
an Attorney who practices corporate law may receive credit for
a program on analyzing financial statements).
(C)Accreditation of Individual Videotape or Simultaneously
Broadcast Programs
(1) Attorneys may receive credit for viewing the broadcast of
any course accredited pursuant to Rule 7(A) or (B) and broadcast
simultaneously with the actual presentation of the course. Applications
shall be made by the program provider on Form 5 or by the Attorney
on Form 5-A. The Commission may request from any applicant information
in addition to that required by Form 5 or 5-A.
(2) Attorneys may receive credit for viewing the videotape of
any course accredited pursuant to Rules 7 (A) or (B) and videotaped
during the actual presentation of the course. Applications shall
be made by the program provider on Form 6 or by the Attorney
on Form 6-A. The Commission may request from any applicant information
in addition to that required by Form 6 or 6-A.
(3) Conditions for approval of videotape or simultaneously broadcast
presentations are:
(a)The program satisfies the requirements of Rule 6(B);
(b) Attendance at the remote place of reception is recorded
and verified by an agent designated by the sponsoring entity,
who must be a person other than an Attorney seeking to obtain
credit under these rules for attending the broadcast, and such
attendance records are maintained and submitted in accordance
with Rule 5(B);
(c) All written materials available to those attending the course
are available, simultaneously with the broadcast or re-broadcast,
to those viewing or receiving the course at the remote location;
(d) The remote location must be a physical setting appropriate
for learning and taking of notes, and
(e)If the presentation is a videotape of a previously presented
course, the original presentation must have taken place no more
than two years before the date of the presentation. In addition,
any materials made available to persons attending the course
from which the videotape was made must be made available to
those attending the videotape program.
(4)An Attorney may not receive more than 12 credit hours pursuant
to Rule 7(C)(2) in any biannual reporting period.
(D) Accreditation of In-House Programs
(1) The Commission may accredit an In-House program if:
(a) the standards of Rule 6(B) and Rules 7(A), (B), and (C),
as appropriate for the program, are satisfied;
(b) an application, which shall be on Form 10, is submitted
to the Commission, and
(c) the provider complies with all guidelines for attendance
records set forth in Rule 5(B).
(2) The Commission may request from any applicant information
in addition to that required by Form 10.
(3) An Attorney may not receive more than 12 credit hours pursuant
to Rule 7(D) in any biannual reporting period.
(E) Accreditation of Self-Study Programs
(1) The Commission may accredit a program of self-study if:
(a)the program is an organized program of study which satisfies
the standards of Rule 6(B);
(b) an application, which shall be on Form 11, is submitted
to the Commission, and
(c) the provider and/or Attorney demonstrates objective means
of verifying that the Attorney has in fact completed the program
(i.e., the Attorney's objective assertion of completion is necessary
for credit, but not sufficient).
(2) The Commission may request from any applicant information
in addition to that required by Form 11.
(3) An Attorney may not receive more than 12 credit hours pursuant
to Rule 7(E) in any biannual reporting period. |
RULE 8. Accreditation of Activities.
(A) Scholarly Writing and Bar Examination Questions
(1) An Attorney may receive credit, upon application to the
Commission, for non-paid scholarly writing and publication or
for research and writing for preparation of Bar Examination
questions and model answers. Applications for credit for Bar
Examination questions and model answers shall be on Form 7-A;
applications for all other publication work shall be on Form
7. The Commission may request from any applicant information
in addition to that required by Form 7 or 7A.
(2) The application for credit hours for such materials must
include:
(a) A copy of the material for which credit is sought;
(b) The name and address of any other person participating in
the writing or presentation of the content of the material,
and a statement of the extent to which that person contributed
to the content of the material;
(c) An estimate of the number of hours the Attorney expended
preparing the material, and a description of the hours expended;
(d) With regard to published material, the name and address
of the publisher and a statement that (i) the written material
will be published in a publication having distribution to at
least 300 lawyers, (ii) the material is an original work and
(iii) the author(s) received no compensation for writing it.
(e) Only unpaid scholarly writing qualifies for credit. Payment
to the Attorney's firm constitutes payment to the Attorney.
Reimbursement of out-of-pocket expenses is not considered payment.
An Attorney who donates payments for scholarly writing to the
Delaware Bar Foundation may receive credit.
(3) Credit hours may be allocated to writing and publication,
at the election of the author, in the year in which:
(a) The work is delivered to the publisher, and the work is
accepted for publication; or
(b) Publication actually occurs.
(4) If the work is not published, the Attorney may, in the Commission's
discretion, receive credit for the preparation of the unpublished
material.
(5) The Commission will determine the number of credit hours
to be allocated to the writing and publication of the work and
will notify the applicant promptly on making its determination.
(a) Preparation of a bar examination question and model answer
shall entitle an Attorney to five credit hours. Credit for the
preparation of a bar examination question shall be pro-rated
among Attorneys jointly participating in the preparation of
questions.
(b) As a general guideline: articles in general circulation
newspapers and periodicals generally do not receive credit;
a brief published piece worthy of credit in the Commission's
judgment receives 2.5 credit hours; substantive articles appearing
in professional newspapers and periodicals such as the Delaware
Lawyer that evidence research and analysis generally receive
five credit hours. Law review articles, books or chapters of
published works are eligible for more credit, in the Commission's
discretion.
(c) When a number of Attorneys jointly author a published piece
and each seeks credit for the publication, the maximum number
of credits for all Attorneys participating in any one work is
30 credit hours.
(6) An Attorney may not receive more than 12 credit hours pursuant
to this Rule in any biannual reporting period.
(B) Instruction In or Participation in the Presentation of
Accredited Courses
(1) An Attorney may receive credit, upon application to the
Commission, for non-paid teaching in an approved continuing
legal education activity. Applications shall be on Form 8. The
Commission may request from any applicant information in addition
to that required by Form 8. If a number of Attorneys seek credit
pursuant to Rule 6(A)(3), one application may be submitted on
behalf of all. In the absence of an agreement between co-presenters,
available credit shall be divided equally between them. Additionally,
an Attorney may receive credit upon application to the Commission,
for the non-paid teaching of law at accredited law schools,
colleges and universities, but credit shall be given only for
the hours of actual instruction and grading of papers and examinations
related thereto.
(2) Program moderators who do not otherwise teach in the program,
but who participate in the program, shall receive credit for
1.5x time of attendance of the portion of the program moderated.
(3) Only unpaid teaching qualifies for credit. Payment to the
teaching Attorney's firm constitutes payment to the Attorney.
Reimbursement of out-of-pocket expenses is not considered payment
for teaching. An Attorney who donates payments for teaching
in an approved continuing legal education activity to the Delaware
Bar Foundation may receive teaching credit.
(4)Presentations accompanied by thorough, high quality, readable
and carefully prepared written materials approved by the Commission
will be awarded CLE credit of eight (8) credit hours for each
hour of presentation, provided the Attorney certifies that the
Attorney did the research and prepared the written materials
for the presentation. If other Attorneys assist the presenting
Attorney in the research and preparation, the credit hours shall
be apportioned among the presenting Attorney and assisting Attorneys
in a manner suggested by the applicant or applicants and approved
by the Commission. For repeat presentations, Attorneys will
be awarded one-half of the credit hours received for the initial
presentation.
(5) An Attorney may not receive more than 12 credit hours pursuant
to this Rule in any biannual reporting period.
(C)Professional Work
(1) An Attorney may receive credit, upon application to the
Commission for:
(a) Participation in the work of professional or Court appointed
committees, law reviews, organizations or associations that
seek improvements in the law or administration of justice.
(b) Service on the Board on Professional Responsibility or as
a member of the Preliminary Investigatory Committee or as an
appointed Presenter in any investigation or proceeding before
the Court on the Judiciary, or as Special Disciplinary Counsel
shall be applicable towards satisfaction of the biannual requirement
for instruction in Enhanced Ethics pursuant to Rule 4(A)(2).
(c) Service on the Board on Unauthorized Practice of Law, to
the extent it requires significant research in the law, legal
writing, or regulatory drafting.
(d)Service on the Board of Examining Officers for the Court
on the Judiciary.
(2) Applications must include:
(a) A description of the activity for which credit is sought,
including an identification of the organization, committee,
or association involved;
(b) A statement of the number of hours expended in the activity;
(c) A description of the substantive legal work performed including,
for example, contributions to the substance of a continuing
legal education program, or research in the law performed;
(d) A copy of any written materials produced by the applicant,
as a result of the activity;
(3) Upon receipt of an application, the Commission will determine
whether the applicant shall receive credit for the activity
and the number of credit hours allocated to it. The Commission
shall notify the applicant promptly of its determination.
(4) Applications pursuant to this Rule may be submitted prior
to the Attorney's participation in the activity for which credit
is sought. If the Attorney applies for credit prior to participation,
the Commission may approve the activity for credit in principle,
without determining the number of credits appropriate for the
activity or disapprove it. If the Commission approves the activity
for credit in principle, the Attorney shall submit an application
subsequent to participation in the activity from which the Commission
will determine the number of credit hours allocated to the activity.
Attorneys who wish to have assurance prior to engaging in an
activity that they will receive credit for participation are
encouraged to apply to the Commission four months prior to participation.
(5) An Attorney may not receive more than 12 credit hours pursuant
to this Rule in any biannual reporting period.
(D) Pro Bono Legal Services. An Attorney may receive
credit, upon application to the Commission for performing uncompensated
legal services for clients unable to afford counsel, provided:
(1) The services are performed pursuant to (i) appointment of
the Attorney by a Delaware court, including the United States
District Court for the District of Delaware; or, (ii) an assignment
of a matter to the Attorney by Delaware Volunteer Legal Services,
Inc., Community Legal Aid Society of Delaware, Inc., the Office
of the Child Advocate, or Legal Services Corporation of Delaware,
Inc.
(2) Credit may be earned at a rate of one hour of CLE credit
for every six hours of uncompensated legal services performed.
(3) An Attorney may receive no more than six credit hours pursuant
to this Rule 8(D) in any biannual reporting period. |
RULE 9. Noncompliance.
(A) Attorneys Other Than Members of the Judiciary
(1) Notice of Noncompliance
(a) In the event an attorney (as used in this Rule 9, the term
attorney excludes members of the judiciary) shall fail to complete
the required credits by December 31 of the Compliance Year,
the Transcript required by Rule 5 may be accompanied by a specific
plan for making up the deficiency of necessary credits by April
30 of the Reporting Year. The plan shall be deemed accepted
by the Commission unless within 30 days after the receipt of
the Transcript, the Commission notifies the attorney to the
contrary. The attorney shall report full completion of the plan
not later than May 15 of the Reporting Year, by submitting to
the Commission the attorney's written notification of completion,
including the title, date and number of credits earned at each
course, and the attorney's original signature. If the attorney
fails to complete the plan by April 30 of the Reporting Year,
or to report completion of the plan by May 15 of the Reporting
Year, the Commission shall promptly send the attorney a notice
of noncompliance informing the attorney that unless the attorney
presents satisfactory evidence of compliance within 20 days
of the date of the notice, the Commission will file a statement
of noncompliance with Disciplinary Counsel. An attorney shall
be required to pay to the Supreme Court $5.00 for each business
day that the attorney's make-up plan has not been fully completed
and reported to the Commission beginning on May 16 of the Reporting
Year, to and including the date of filing. The Commission may
waive all or any part of this penalty for good cause shown.
(b) In the event that an attorney shall fail to comply with
these rules in any respect, the Commission shall promptly send
a notice of noncompliance. The notice shall specify the nature
of the noncompliance and state that unless the noncompliance
is corrected as provided in Rule 9(A)(1), or satisfactory evidence
of compliance is submitted within 20 days of the date of the
notice, the Commission will file a statement of noncompliance
with Disciplinary Counsel.
(c) Before sending an attorney a notice of noncompliance, the
Commission may request the attorney to submit additional information
to enable the Commission to evaluate the attorney's compliance
with these Rules.
(2) If the Commission has reason to believe that an attorney
has submitted a false Transcript or other false information
to the Commission, it shall forward the attorney's name to Disciplinary
Counsel for investigation and shall notify the attorney it has
done so.
(B) Members of the Judiciary
(1) Compliance by members of the judiciary shall be considered
as the maintenance of professional competence pursuant to Canon
3A(1) of the Delaware Judges' Code of Judicial Conduct.
(2) If in the sole judgment of the Judicial Commissioner any
member of the judiciary fails satisfactorily to comply with
these Rules in any respect, the Judicial Commissioner shall
take such action as the Judicial Commissioner deems appropriate
to induce compliance. If compliance satisfactory to the Judicial
Commissioner is not obtained, the Judicial Commissioner shall
refer the matter to the Chief Justice for proceedings in accordance
with the Rules of the Court on the Judiciary. |
RULE 10. Confidentiality.
Unless directed otherwise by the Supreme Court, the files, records
and proceedings of the Commission, as they relate to or arise
out of any failure of any Attorney to satisfy the requirements
of these Rules, shall be deemed confidential and shall not be
disclosed, except in furtherance of the duties of the Commission
or upon the request of the Attorney affected or as they may
be introduced in evidence or otherwise produced in proceedings
under these Rules. |
RULE 11. Review.
(A) Any Attorney, provider or other person aggrieved by any
decision or action of the Commission may petition the Commission
for relief within 30 days from the date of mailing of the notice
of the action of the Commission. The petition may be accompanied
by supporting evidence or documentation including affidavits
and may include a request for a hearing. If a hearing is requested,
the Commission may conduct a hearing at which the aggrieved
party may present evidence and argument in support of the petition.
(B) If the Commission denies such petition as a whole or in
part, and if such action affects the substantial rights of the
person claimed to be aggrieved, the person may petition the
Supreme Court for relief by serving 2 copies thereof upon the
Executive Director of the Commission and by filing 6 copies
with the Clerk of the Supreme Court, such service and filing
to be accomplished within 30 days of the action of the Commission.
No petition shall be accepted unless the provisions of this
paragraph have been timely fulfilled.
(C) The Supreme Court may summarily refuse a petition which
does not affect the substantial rights of the person claimed
to be aggrieved. Appeals from the Commission's action to the
Supreme Court shall be briefed, argued and determined from the
record of the matter before the Commission and not by means
of a hearing de novo. Findings by the Commission relating to
disputed issues of fact and credibility will not be reversed
by the Supreme Court so long as they are supported by substantial
evidence. |
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(April 24, 2008)